Terms of Use

Date of Last Modification: June 10, 2009

CatchACharacter™ LLC, d/b/a iCaughtSanta (herein referred to as iCaughtSanta, or iCaughtSanta.com) operates this Site to provide online access to information about iCaughtSanta and the products, services, and opportunities we provide (the Service). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (Terms of Use). These Terms of Use, together with applicable additional terms and conditions, are referred to as this Agreement.

iCaughtSanta reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the Content) solely for your non-commercial, personal purposes and/or to learn about iCaughtSanta products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. We reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright
The Site and Content are protected by U.S. copyright laws, and belong to CatchACharacter.com or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by CatchACharacter.com or other copyright owners who have authorized their use on the Site. You may download and reprint Content, including photos you may create, for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or other Content on the Site. Physical Model talent releases do not extend to the customer. All character cutouts, real, graphic or costumed, used on the site are the sole property of CatchACharacter, LLC. Resale or unauthorized distribution of any image produced on or derived from the Site containing our models or characters in whole or in part is expressly prohibited.

3. Trademarks
iCaughtSanta and ICAUGHTSANTA.COM are either trademarks, trade names or service marks of CatchACharacter™ LLC and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of CatchACharacter™ LLC. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of CatchACharacter™ LLC, and may not b e copied, imitated, or used, in whole or in part, without the prior written permission of CatchACharacter™ LLC.

4. Downloading Files
iCaughtSanta cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

5. Disclaimer of Warranties
ICAUGHTSANTA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. ICAUGHTSANTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ICAUGHTSANTA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ICAUGHTSANTA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN AS-AVAILABLE BASIS.

6. Limitation of Liability
IN NO EVENT WILL ICAUGHTSANTA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ICAUGHTSANTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ICAUGHTSANTA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

7. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless iCaughtSanta, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

8. Making Purchases/Refund Policy
If you wish to purchase any products or services through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us, or our third party payment processor, must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any products or services are subject to change without notice, and our current prices can be found on the Service. When you place an order, we will charge your account once you have completed through the checkout process. You will receive a link to the image in your email account. No refunds will be given for any reason. You have several opportunities to preview your 5x7 picture to ensure your satisfaction before you commit to your purchase. Therefore, once you go through the checkout and confirm your payment, you will be charged for your order and under no circumstances will you receive a refund.

9. Picture Size/Quality
All photos you will receive from us are formatted as 5x7. The quality of the 5x7 photo image you receive from us will depend on the quality of your camera. Therefore, the higher quality camera you use will produce a higher quality image from us. However, if the original photo you use to make your photo is of a lower quality, then your final product will be low quality, too. Therefore, iCaughtSanta is not responsible for the quality of your final 5x7 photo image you receive.

10. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

11. Unsolicited Idea Submission Policy.
iCaughtSanta or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should iCaughtSanta’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to iCaughtSanta or anyone at iCaughtSanta. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of iCaughtSanta, without any compensation to you; (2) iCaughtSanta will have no obligation to return your idea to you or respond to you in any way; (3) iCaughtSanta will have no obligation to keep your idea confidential; and (4) iCaughtSanta may use your idea for any purpose whatsoever, including giving your idea to others.

However, iCaughtSanta does welcome feedback regarding areas of our existing businesses that will help satisfy customers’ needs, and feedback can be provided through the listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section below.

12. User Supplied Information
iCaughtSanta does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a Submission or collectively Submissions) will be considered non-confidential and non- proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give iCaughtSanta the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

13. Password Security
If you register to become an iCaughtSanta.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

14. Copyright Infringement by Postings
By posting or submitting photographs or other content to this Site, you warrant to us (and we rely on such warranty) that such items are free from any third party claims of copyright or other proprietary rights and/or are in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright.

15. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by iCaughtSanta of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. iCaughtSanta therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, iCaughtSanta’s Privacy Policy, your use of the Site, any other Catch a Character™ web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws provisions.

d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Please see our Notice and Procedure for Making Claims of Copyright Infringement.

© Copyright 2008-2009 CatchACharacter™ LLC. All rights reserved.


 

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