Santa Marketing Terms of Service
effective as of 25th of December 2017
This Terms of Service Agreement explain the terms and conditions under which you are able to use services provided by Santa Marketing. Please read carefully this Terms of Service document, and keep a copy of it for your reference.
BY ACCESSING OUR WEBSITE, OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY SANTA MARKETING YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS OF SERVICE STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH CHRISTIAN LÖFBERG D/B/A SANTA MARKETING SPRL. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Santa Marketing.
1. Definitions
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service Agreement:
‘Terms/Agreement’ refers to the latest version of this Terms of Service Agreement document.
‘Site’ refers to the website available on <https://santa-marketing.com>.
‘User/You’ refers to any person using our Services or accessing the Site.
‘We/Us/Santa Marketing’ refers to Christian Löfberg, Santa Marketing, the Site, and their developers.
‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.
‘Outside source’ refers to any application, website, natural or legal entity other than Santa Marketing.
‘Content’ refers to all images, text, audio and video data or any other information located on the Site.
‘User Generated Content’ refers to the Content provided by the Users.
‘Information’ refers to information about the Users themselves provided for the purpose of using our Services, contacting support or anonymous statistical information collected from the Users through cookies or third party services.
‘Services’ refers to the functionality of the Site, and availability of the content provided by Santa Marketing and User Generated Content.
2. Use of the Services
(A) Eligibility
2.1 By using the Services, you confirm that you are at least 18 years of age. By accessing the Site or using our Services, you confirm that you will not use the Site or the Services contrary to these Terms or applicable laws.
2.2 We may not control who uses the Site or the Services, so it is upon you to assess whether using the Site or our Services is in compliance with any local laws and regulations. Whenever you are using our Site or Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.
(B) Information
2.3 Some of the Services provided are only available to Users pursuant to provision of some personal information. During the use of such Services you will be asked to provide some personal information, the collection, use, and storage of which is regulated by our Privacy Policy document and applicable laws. Users are required to provide true, accurate, current and complete information about themselves as prompted by forms provided. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to parts of our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
(C) Contact
2.4 By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in or subscribe to receive e-mails about content, promotions, special offers and or other topics of interest related to the Santa Marketing and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
2.5 If you have any question or suggestion you can contact us at christian@santa-marketing.com.
(D) Acceptable Use Policy
2.6 You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;
(ii) collect Users’ content or information, or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
(vii) take any action creating a disproportionately large usage load on our Site unless expressly permitted by Santa Marketing;
(viii) post or transmit content that is misleading.
(ix) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
(x) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site;
(xi) post or transmit hyperlinks to other websites that violate these Terms;
(xii) facilitate or encourage any violation of these Terms.
2.7 Users are solely responsible for their own content and the consequences of making the content available to third-parties.
(E) Intellectual property rights
2.8 The copyright and all intellectual property rights in the Site belong to Santa Marketing or are used with appropriate permissions. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.
2.9 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Site and other Content provided by Santa Marketing Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site; distribute, transfer, sublicense, lease, lend or rent the Site to any third party; reverse engineer, decompile or disassemble the Site; or make the functionality of the Site available to multiple users through any means.
2.10 Santa Marketing hereby further grants you a limited, non-exclusive, non-transferable, non-sub licensable license to use, copy, or distribute the Content from the Site. User shall include in each instance of such Content a following copyright notice: “This content is provided by © Santa Marketing – santa-marketing.com” and when possible a link to the original content.
(F) Notification of infringement
2.11 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or the App;
- Your name, address, telephone number and e-mail address;
- A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
2.12 Our copyright agent can be reached as follows:
Email: christian@santa-marketing.com
(G) User Generated Content
2.13 If you post content on or through the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Site and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the content provider through their name.
2.14 We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Santa Marketing bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.
(H) Third party content
2.15 Some content on the Site, such as advertisement, may be provided by the Outside Sources. We are not responsible for such content, nor do we monitor or control content provided by Outside Sources.
3. Third Party Services
3.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that Santa Marketing does not control. We may also provide you with links leading to the Outside Sources. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third party services and content. Santa Marketing does not endorse such third party services and content and in no event shall Santa Marketing be responsible or liable for any products or services of such third party providers.
4. Affiliate Disclosure
4.1 Whenever the link from the Site leads to other location you may assume that Santa Marketing has a financial interest in such location, whether by earning commission of the sales or for increasing the traffic on the target location.
4.2 Santa Marketing does not take any responsibility nor do we make any guarantee for any purchase made by following the links on the Site. You may be offered special terms for purchase by following the links hosted on the Site. Whenever there is such case, you will be appropriately informed on these terms.
5. Indemnity
5.1 You will indemnify and hold harmless Santa Marketing, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.
6. Limitation of liability
6.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SANTA MARKETING SERVICE IS TO STOP USING THE SANTA MARKETING SERVICES.
6.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SANTA MARKETING, ITS EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SANTA MARKETING SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF SANTA MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6.3 Santa Marketing , it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Site, or any errors, in or omissions from information on the Site. Santa Marketing is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Site.
6.4 Santa Marketing does not guarantee that the information on the Site is correct. All information on the Site is strictly for entertainment purposes and should not be considered as an advice, recommendation or suggestion of any kind.
7. Changes
7.1 SANTA MARKETING MAY MAKE CHANGES OR REPLACE OUR TERMS OF SERVICE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF SERVICE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF SERVICE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF SERVICE. THE TERMS OF SERVICE AGREEMENT APPLIES REGARDLESS FROM WHICH PLATTFORM YOU ACCESS OUR SITE.
8. Governing Laws and Choice of Forum
8.1 This Agreement shall be governed by and construed under the laws of the Kingdom of Belgium, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Belgium by the Belgium residents. You agree that if you have any dispute with Santa Marketing you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the official courts in Ottignies, Kingdom of Belgium.
9. Final Provisions
9.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
9.2 These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.