1. The Website. The Website offers downloads, DVDs and other digitized versions of Santa Claus creating a personalized Christmas story for you (collectively, “Your Santa Story Video”) and information relating to such video recordings, and other content.
2. Your Santa Story Video.
A. Rights Granted. Upon payment for Your Santa Story Video, we will provide you with rough cut of Your Santa Story for your review within seven (7) days. We grant you a non-exclusive, non-transferable right to use the Your Santa Story Video only for your personal, non-commercial, entertainment use, subject to the Agreement, which shall include the right to share Your Santa Story Video with friends and family via electronic means, including the insertion of links or imbedding Your Santa Story Video in a blog, twitter feed, Facebook page or other social media, provided you receive no remuneration for the same.
B. Restrictions. All content contained in the Your Santa Story Video are owned and copyrighted by us. You must comply with all applicable copyright and other laws in your use of the Your Santa Story Video. Except as set forth in Section 2A above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Your Santa Story Video. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Your Santa Story Video.
C. Satisfaction Guaranty and Return Policy. We want you to be happy with Your Santa Story Video. If you are not satisfied with the content of the Your Santa Story Video, we will edit Your Santa Story Video or provide a full refund of the purchase price. You must request the “re-shoot” of Your Santa Story Video or a refund within seven (7) days after we send you the rough cut of Your Santa Story Video. No refunds and/or re-shoots or edits of Your Santa Story will be accepted after December 20th. Except as provided herein, all sales of Your Santa Story are final and risk of loss transfers upon sale.
D. Unique Identifiers. We may insert identifiers in the metadata that accompanies Your Santa Story (“Unique Identifiers”). These Unique Identifiers may include a random number we assign to your order and an identifier that can be used to determine whether the video has been modified. These Unique Identifiers do not affect the playback experience in any way. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Unique Identifiers, whether in whole or in part.
3.Software. We do not provide software for your use in connection with the playback of Your Santa Story.
A. Reservation of Rights; Waiver. The Website and Your Santa Story embodies intellectual property that is protected by law. We are intended beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
B. Termination; Amendments. Your rights under the Agreement will automatically terminate without notice and without refund of any fees or any other compensation if you fail to comply with its terms. We may amend the Agreement at our sole discretion by posting the revised terms on the Website. Your continued use of the Website or the Software after any amendment evidences your agreement to be bound by it.
C. Contact Information. For communications concerning the Agreement, please write to Your Santa Story, LLC, 205 E. Butterfield Road, #251, Elmhurst, IL 60126.
A. Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Website is subject to the binding arbitration, governing law, disclaimer of warranties. You agree to those terms by entering into the Agreement or using the Website.
B. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability herein, in no event will our total liability to you for all damages arising from your use of the Website, Your Santa Story, or information, materials or products included on or otherwise made available to you through the Website, exceed the amount you paid to purchase the Your Santa Story related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
Your Santa Story is a tiny team of Moms and Dads who believe in the tradition of Christmas.
We believe the afternoon of Christmas Eve, until the afternoon of Christmas Day, is the best 24 hours of the entire year. Your Santa Story was created to “make the best morning ever, even better.”