Love Give Play LLC. is a privately owned U.S. corporation, legally doing business as I AM SANTA in the State of Florida. The terms and conditions herein constitute a legally binding contract between you and Love Give Play LLC. dba I AM SANTA. This contract puts across your rights and responsibilities when you use our services, so please read it carefully. By using our services, you agree to the terms and conditions described herein. If you don't agree, then you may not use our services.
Access to many functionalities of our services will require you to register for an account and provide certain information. You agree to provide and maintain current, complete and accurate account information. In order to help maintain a safe and secure environment for our service users, we reserve the right to verify account information at any time and without notice, and may subsequently limit account access until such verification has been completed.
User content or user-generated content (UGC) includes any information you (or other service users) post or publish while using our services, such as but not limited to usernames, profile pictures, photos, graphics, descriptions, reviews, discussions, questions, suggestions, ideas, comments, audio and video clips, documents, links, etc.
Please note that while you retain ownership to content you generate while using our services, you also grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content in any format and through any channel.
You acknowledge that any content you post through our services does not violate the intellectual property rights of others. Please be aware that certain content you submit may be permanent and may not be edited or deleted, even if your account is terminated for any reason.
We do not allow content that promotes or condones violence, or whose primary purpose is inciting hatred, racism, or unlawful behavior.
We do not prescreen user generated content and take no responsibility for the accuracy, copyright compliance, legality or decency of content posted by users of our services or content supplied by third parties. We make no representations, take no responsibility, and assume no liability for such content.
While we are under no obligation to monitor or remove user-generated content, any content that in our sole discretion violates our policies or restricts or inhibits anyone else from using or enjoying our services, will not be permitted and will be removed without notice. We reserve the right to remove, delete or edit any content for any reason and without notice. We also reserve the right to take technical and legal steps to safeguard our services.
Love Give Play LLC. and its employees do not accept or consider unsolicited ideas. Love Give Play LLC. will not compensate you for any ideas and makes no assurances that your ideas will be treated as confidential or proprietary.
Personal Use Limitation
Unless otherwise specified or agreed upon in writing through a separate agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, source code, or software obtained from our services.
All content included in or made available through any of our services, such as but not limited to typography, graphics, design elements, logos, icons, audio and video clips, digital downloads, data compilations, source code and software is the property of Love Give Play LLC. or its content providers and is protected by United States and international copyright and/or trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of our services without the prior express written consent of Love Give Play LLC.
Trademarks & Brands
With the exception of I AM SANTA branded items, I AM SANTA has no association and/or affiliation with third party brands whose products are offered for sale on its website.
Claims of Intellectual Property Violations
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material provided by our services infringes upon any intellectual property which you own or control, you may file a DMCA Notice of Alleged Infringement with Love Give Play LLC's designated copyright agent:
Love Give Play LLC. dba I AM SANTA
Attn: Legal Department
2719 Hollywood Blvd. STE 2
Hollywood, FL 33020
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to send Love Give Play LLC a counter-notice pursuant to sections 512(g)(2) and (3) of the DMCA. Learn more at the U.S. Copyright Office website.
Service Outages and Data Loss
We periodically schedule system maintenance, which may partially or entirely render our services inaccessible for a duration of time. Unplanned or unforeseen system outages may also occur without notice.
This document does not create any partnership, joint venture, agency, sales representative, employment or franchisee relationship between you and Love Give Play LLC. dba I AM SANTA.
Disclaimer of Warranties
Our services are provided "as is" and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. You use our services solely at your own risk.
If you have any questions regarding a manufacturer's warranty, please contact the manufacturer. You release Love Give Play LLC. from any claims related to items purchased through our services, including defective items, misrepresentations or items that may cause any kind of injury.
Before you act on information you have found on our services, you must independently verify and confirm any facts that are important to your decision. Despite our efforts to display accurate information, we do not warrant that our content is accurate, complete, reliable, current, or error-free.
Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, neither Love Give Play LLC., nor its directors, employees or agents shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with our services or this contract. In no event shall Love Give Play LLC’s aggregate liability for any damages exceed the greater of ($100) one hundred U.S. Dollars. You agree that your sole remedy, if any, for problems with or claims regarding products and services sold directly to you by Love Give Play LLC. dba I AM SANTA; is to seek a return, an exchange or refund for such item(s) or service(s). Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
You understand and agree that you are personally responsible for your actions and behavior while using our services. You agree to indemnify, defend and hold harmless Love Give Play LLC, its directors and employees 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 our services, or any breach by you of this contract. We also reserve the right to handle our legal defense however we see fit, in which case you agree to cooperate with us.
Love Give Play LLC. may terminate or suspend any account at any time, for any reason, and without advance notice. The terms and conditions herein will remain in effect after any account or service has been terminated.
Access to our Services
We may discontinue, terminate or suspend any of our services at any time, for any reason, and without advance notice. We may also refuse or block service to anyone, at any time, for any reason.
Governing Law and Legal Disputes
By using our services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern the terms herein and any dispute of any kind that might arise between you and Love Give Play LLC. Any cause of action you may have with respect to your use of our services must be commenced within (1) one year after the claim or cause of action arises.
You understand that by agreeing to the terms herein, you and Love Give Play LLC. are each waiving the right to trial by jury or to participate in a class action. You agree that any legal dispute between you and Love Give Play LLC. will be settled by individual binding arbitration, using the English language. Arbitration will be administered by the American Arbitration Association (AAA) under its commercial arbitration rules. Love Give Play LLC. is headquartered in Hollywood, Florida, so any legal action against the company, related to its services or this contract must be filed and take place in Broward County, Florida. That means the seat of any arbitration shall be Broward County, Florida.
Trade Control Laws
When you use our services, you must comply with trade control laws of the United States or other jurisdictions depending on your location. In order for us to comply with U.S. laws, we don't allow organizations, businesses, or individuals to have or register for accounts while based in list of countries below. No shipments or sales to those countries can be conducted through our services. In addition, you may not list any products or services that originated from those countries.
- North Korea
- Crimea Region of Ukraine
Right to Modify
Technology and Internet laws are ever changing and a future update to the terms and conditions herein is inevitable. Love Give Play LLC. dba I AM SANTA reserves the right to modify the terms herein at any time and without notice. Whenever we change the provisions of this contract, we will post the new version online and provide a clear and conspicuous notice to all service users. Additionally, we may send an email communication or SMS message notifying account holders of such update. Any modifications to the terms herein will be effective once posted. You are responsible for reviewing and becoming familiar with any revisions. Your continued use of our services following any revision constitutes your acceptance of the newly revised terms.
If any provision of the terms herein is determined to be unenforceable, or invalid, such determination shall not affect the validity or enforceability of the remaining provisions.
The headings contained herein are solely for reference and convenience only and are not intended to have any substantive significance in the construction or interpretation of the terms.
No Legal Advice
Last Updated: October 5, 2020