These Terms of Service are effective immediately for users accessing or using the Service without an Account or for those registering Accounts by creating Business Listings. The Service is not directed to users under the age of 18. The Service does not knowingly collect personal information from children under the age of 13. If you are under the age of 18, you are not permitted to use the Service or to send personal information to Company.
Definitions
Parties: “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to HiHelloSanta.com.
Content: “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as text, photos, videos, and information that you contribute to your account and business listing. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Hi Hello Santa Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than HiHelloSanta.com or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Hi Hello Santa Content, and Third Party Content.
Changes To The Terms
Whenever HiHelloSanta.com changes the Terms, we will post those changes to the Terms located here, and other places we deem appropriate. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
Using The Service
Eligibility
To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of HiHelloSanta.com or if we have previously banned you from the Service or closed your Account.
Permission to Use the Service
We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
Service Availability
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accounts
You must create an Account and provide certain information about yourself in order to create a business listing. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
You may not create or use an Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own.
Communications from HiHelloSanta.com and Others
By accessing or using the Service, you consent to receive communications from HiHelloSanta.com through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote HiHelloSanta.com or businesses listed on HiHelloSanta.com, and may be initiated by HiHelloSanta.com, businesses listed on HiHelloSanta.com, or other users. You further understand that communications may be sent using an automatic telephone dialing system and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with HiHelloSanta.com or made through the Service may be monitored and recorded for quality purposes.
Content
Responsibility For Your Content
ou alone are responsible for Your Content, and once posted to HiHelloSanta.com, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by HiHelloSanta.com.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
Our Right To Use Your Content
We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against HiHelloSanta.com and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Ownership
As between you and HiHelloSanta.com, you own Your Content. We own the HiHelloSanta.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the HiHelloSanta.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the HiHelloSanta.com Content are retained by us.
Advertising
HiHelloSanta.com and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Other
User Content (including any that may have been created by users employed or contracted by HiHelloSanta.com) does not necessarily reflect the opinion of HiHelloSanta.com. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. HiHelloSanta.com does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly.
Content Moderation
Except as required by law, we reserve the right to screen, remove, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a business listing if we believe that it violates our Listing Guidelines.
Representations And Warranties
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You represent and warrant that
- You have read and understood our Listing Guidelines;
- You have read and understood our Privacy Policy. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America.
- You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate our Terms;
- Post any fake business listings;
- Engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results;
- Submit or transmit pornography;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any content, except as expressly permitted by HiHelloSanta.com;
- Record, process, or mine information about users;
- Reverse engineer any portion of the Service;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of businesses;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on HiHelloSanta.com’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
Additional Policies And Terms
Copyright and Trademark Disputes
You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.
Third Party Content and Services
The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
Indemnity
Each Party shall indemnify, defend and hold the other Party harmless from any third-party actions, suits, claims, damages, judgments, levies, executions, liabilities, losses, expenses, and other costs caused by the Party’s gross negligence or willful misconduct.
Disclaimers of Warranties
EXCEPT AS OTHERWISE SET FORTH HEREIN, TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY HANDLED DIGITAL SOLUTIONS, ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR EMPLOYEES SHALL CREATE A WARRANTY. NEITHER HANDLED DIGITAL SOLUTIONS NOR ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS, OR EMPLOYEES WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
HIHELLOSANTA.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES, LOST PROFIT, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, EVEN IF HANDLED DIGITAL SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF HANDLED DIGITAL SOLUTIONS AND ITS LICENSORS, SERVICE PROVIDERS, AFFILIATES, SUBCONTRACTORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE, EXCEED THE AGGREGATE FEES CLIENT PAID TO HANDLED DIGITAL SOLUTIONS UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE APPLICABLE CLAIM.
Arbitration
- Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
- Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Yelp will pay all filing, AAA, and arbitrator’s fees and expenses. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
Termination
- You may terminate the Terms at any time by discontinuing any access to or use of the Service and requesting that HiHelloSanta.com delete your account and business listing.
- We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
General Terms
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.