Terms and Conditions

Updated and effective as of Nov 2024.

Welcome to Your Dear Santa!

These Terms of Use ("Terms") are a legal agreement between you and Your Dear Santa. Please read them carefully before using our website, www.yourdearsanta.com, or any of our services. By accessing or using our website, you agree to these Terms.

1. Introduction

Your Dear Santa ("we," "us," or "our") provides personalized video messages from Santa Claus for children and families ("Content"). By using our services, you can create and send personalized videos through our website ("Your Dear Santa Services"). These Terms apply to all visitors who access the site and use the services.

You should also review our Privacy Policy and Terms of Sale, which govern any purchases made on our site.

2. Acceptance of Terms

By using Your Dear Santa Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, please discontinue using our site and services.

3. Personalized Content and Submissions

Our services allow you to submit data and information, including photos and details about yourself, your family members, friends, and pets ("Submissions"). These may include text, messages, photographs, video, and other images that you upload through our website to create personalized content.

By submitting such data, you represent and warrant that:

  • You have obtained all necessary consents from the individuals whose data you upload, or you have the legal authority (such as parental authority) to provide such information. This includes, but is not limited to, photos or personal information of children, family members, or friends.
  • You and those individuals whose data is provided will not assert any intellectual property, privacy, publicity, or similar rights against us in connection with the use of the Submissions as described in these Terms.

By providing your Submissions, you also waive, and you represent that you have the authority to waive on behalf of the individuals included in your Submissions, any privacy expectations with respect to the use of those images or personal information in the creation and delivery of the personalized content.

If you do not wish to have the images or information about yourself, your family members, friends, or pets viewed or shared with others, you should not use our services.

Prohibited Content

You agree not to upload any content that is illegal, harmful, or inappropriate. This includes, but is not limited to:

  • Content that is offensive, violent, vulgar, obscene, pornographic, or not suitable for children or adults.
  • Content that violates anyone’s rights to privacy, publicity, or any other law or regulation.
  • Material that is threatening, defamatory, or libelous.
  • Commercial content or advertising, including the promotion of goods or services.
  • Viruses, corrupted data, or any other harmful, disruptive, or destructive files.
  • Content that infringes or violates any copyright, trademark, patent, or other proprietary rights of any third party.

You are solely responsible for any damages or legal issues resulting from your violation of these terms. We reserve the right to remove any content that violates these guidelines or any applicable laws without notice.\

4. Using the Service

To order a video, the user does not need to create an account. The client fills out a form providing the child's details, and after payment, they receive a link to a page with the personalized video.

The page with the personalized video is accessible to anyone who has the link. Access to this link remains at the client's discretion and responsibility. We strongly advise clients not to share the link with third parties to prevent unauthorized access to the video and to maintain the confidentiality of the child's personal information.

This page is not indexed by search engines and is only known to the client, ensuring that it remains private.

The client is fully responsible for the security and confidentiality of the link to the video. We recommend not disclosing the link to third parties and taking measures to protect it. A leak of the link may result in the video being accessible to outsiders, which could violate the privacy and security of the child's data.

5. Personal Use Only

Your Dear Santa Services are intended for personal, non-commercial use. You may share the personalized videos with family and friends, but you may not sell, reproduce, or distribute them for commercial purposes. As a sole proprietor in Ukraine, I retain all rights to the content created through the Your Dear Santa Services, including the original elements I added and the licensed materials I used in accordance with their terms. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the videos solely for your personal use. All rights, title, and interest in and to the content, including but not limited to text, images, and videos, are owned by me, except for any elements incorporated into the videos that are subject to third-party copyright. You may not modify, copy, or use the content for any commercial purposes without my prior written permission. Any unauthorized use may result in the termination of this license and may violate applicable laws, including copyright and trademark laws.

6. Third-Party Links

Our website may contain links to third-party websites. These links are provided for convenience, and we are not responsible for the content or practices of those websites. Use them at your own risk.

7. Limited Warranties and Liability

Your Dear Santa Services are provided "as is," without any warranties. We do not guarantee that our services will be uninterrupted or error-free. You assume the risk of using the service and acknowledge that all information, content, and materials are provided without any assurances of accuracy or completeness.

To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of the website or services, including but not limited to any additional expenses.

All personalized videos and content are intended for personal use only and may not be used for commercial purposes. We are not responsible for the actions of independent contractors providing services or content through Your Dear Santa.

8. Dispute Resolution

In the event of a dispute, you agree to contact us first to attempt resolution. If we are unable to resolve the dispute, it will be settled by arbitration, in accordance with applicable laws.

9. Storage of Personalized Videos

All personalized videos created on Your Dear Santa will be stored on our servers until January 20th of the following year. After that date, the videos will be deleted from our servers, and recovery will not be possible. We recommend downloading and saving your videos before this date.

10. Privacy and Data Protection

We collect and process personal information such as the child's name, photographs, age, hobbies, and daily activities in order to create personalized videos. For more details on how we handle your data, please refer to our Privacy Policy.

11. Governing Law

These Terms of Use, along with any disputes or claims arising from your use of the website or services, are governed by the laws of Ukraine. Any legal actions will be handled in the courts of Ukraine.

12. Changes to the Terms

We reserve the right to update or alter these Terms at any time. When we do, we will revise the "effective date" at the top of these Terms. Your continued use of the website and services after changes signifies your acceptance of the updated Terms.