Christmas.com is an online service that allows you to organize and share your Christmas experience with the objective that "Christmas is for Sharing". Christmas.com lets you create your own wish list, view and follow others as well as other services.
Your content: Christmas.com allows you to show and post content on the Service, including photos, comments, and other materials. Anything that you show on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content." You retain all of your rights in all of the User Content you post to our Service.
Use of content: You grant us a non-exclusive, royalty-free, transferable, license to use, display, reproduce, show, modify (e.g., re-format), and distribute your User Content on Christmas.com for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Christmas.com's rights under separate licenses to User Content. Please remember that the Christmas.com Service is public and that other Users may search for, see and use any User Content that you make publicly available through the Service.
Keeping content: After deactivation of your account or after you remove any User Content from your account; Christmas.com may retain your User Content for a reasonable period of time. Furthermore, Christmas.com and other Users may retain and continue to display, reproduce, show, modify, and distribute any of your User Content that other Users have shown or which you have posted to public or semi-public areas of the Service.
Responsibility for content: Christmas.com provides a place for you to discover and share ideas and inspiration. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms. Christmas.com values and respects the rights of third party creators and content owners, and expects are members to do the same. You agree that any User Content you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights, publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms.
Intellectual Property Rights: "Intellectual Property Rights" in these Terms includes all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights.
IFeedback: We enjoy hearing from our Users and you may choose to submit comments, ideas or feedback about the Service. By submitting Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Christmas.com under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Christmas.com does not waive any rights to use similar or related Feedback previously known to Christmas.com, or developed by its employees, or obtained from sources other than you.
Content: Except for User Content, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter ("Christmas.com Content") are the property of Christmas.com and its licensors. Except as expressly provided in these Terms, you agree not to exploit the Christmas.com Content without our permission.
License: Subject to the terms and conditions of these Terms we grant you a license to use the Service, including accessing and viewing Christmas.com Content, for your personal use. Christmas.com may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Christmas.com reserves all other rights.
Christmas.com has adopted and implemented copyright policy in accordance with the Digital Millennium Copyright Act. Christmas.com respects the intellectual property rights of others and expects its users to do the same. It is Christmas.com's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, Christmas.com will respond expeditiously to claims of copyright infringement committed using the Christmas.com website (the "Site") that are reported via [email protected].
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site via email. Upon receipt of the complaint, Christmas.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
If you receive a notification that content has been removed due a copyright complaint, it means that the content has been deleted from Christmas.com at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to show new content on Christmas.com, and your account may be disabled completely.
If you believe content was removed in error, you have the option to appeal by contacting us via email at [email protected].
Using Christmas.com: You may use the Service only if you can form a binding contract with Christmas.com, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the Christmas.com community, the Service is not available to any Users previously removed from the Service by Christmas.com.
Christmas.com accounts: Creating an account with Christmas.com gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. By connecting to Christmas.com with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You agree not to use user names or titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or title at any time and for any reason in our sole discretion.
Account termination: You may close your account at any time by sending an email to [email protected]. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of these Terms, or for no reason.
Your account responsibility: When you create your Christmas.com account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Christmas.com of any compromise of your credentials you become aware of and any unauthorized use of your account.
Changes to the Service: We may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
Privacy and Security
By using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States or Canada. While we work to protect the security of your content and account, Christmas.com cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Christmas.com. Christmas.com does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Christmas.com will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to indemnify and hold harmless Christmas.com and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Christmas.com Content, (ii) your User Content, or (iii) your breach of any of these Terms.
Charges and Billing
Christmas.com reserves the right to charge fees for the Service or any portion thereof. Any applicable fees will be posted on the Christmas.com Web site. If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize Christmas.com to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service and your Account. You hereby acknowledge that in most cases, Christmas.com will be charging your designated credit card in accordance with the payment schedule of the Service for which you have registered, but some charges may accumulate on your credit card account before they are charged to your credit card account. You further acknowledge that it is your responsibility to notify Christmas.com of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars unless otherwise specified.
All charges for your website will show on your credit card statement as Christmas.com or Left of the Dot Media Inc.
Christmas.com reserves the right to change any fees (which includes, but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Christmas.com does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Christmas.com posts such modification on the Christmas.com Web site. Christmas.com also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the Service. You may cancel your Account at any time by giving us 14 days notice via [email protected], but Christmas.com will not refund any remaining portion of your pre-paid fees when you cancel your Account.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to Christmas.com when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Christmas.com may incur in its efforts to collect any remaining balances due from you. This Section 2 shall in no way limit any other remedies available to Christmas.com. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your Account or your Account is terminated. You must notify Christmas.com of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Christmas.com within sixty (60) days, you waive any right to dispute such problems or discrepancies.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CHRISTMAS.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
CHRISTMAS.COM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR SENDS OVER THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS' ONLINE DISTRIBUTION AND PUBLICATION OF YOUR AND THEIR USER CONTENT. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, CHRISTMAS.COM CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER CHRISTMAS.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, CHRISTMAS.COM CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHRISTMAS.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL CHRISTMAS.COM'S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR CHRISTMAS.COM CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHRISTMAS.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in Canada. Christmas.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.
Arbitration and Governing Law:
For any dispute you have with Christmas.com, you agree to first contact us via [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Christmas.com has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration. Unless you and Christmas.com agree otherwise, the arbitration will be conducted in Canada. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CHRISTMAS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law: You agree that: (i) the Service shall be deemed solely based in British Columbia, Canada. These Terms shall be governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Vancouver, British Columbia, Canada, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Christmas.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability: These Terms, together with any amendments and any additional agreements you may enter into with Christmas.com in connection with the Service, shall constitute the entire agreement between you and Christmas.com concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Christmas.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact: Please contact us at [email protected] with any questions regarding these Terms.
These Terms were last modified on August 14, 2012.