Welcome to MotivateKids365.com. This website is owned and operated by SantaChat, LLC.
We reserve the right to change this User Agreement from time to time without notice.
You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications.
Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these resources only for the purposes intended as permitted by
(a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our resources, you may be required to provide certain information about yourself (such as identification, contact details, etc) as part of the registration process, or as part of your ability to use the resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc.
You understand that generally we do not pre screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; Iii. Contains any type of unauthorized or unsolicited advertising; Iiii. Impersonates any person or entity, including any vertificate.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks.
We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website.
However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of SantaChat, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit.
This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
I.You agree to indemnify and hold harmless SantaChat, LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this user agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
Services: You agree that MotivateKids365.com is not responsible for any SMS or email fees incurred from your personal service provider. If you are signed up for a phone service plan that charges per SMS, texts from Santa will create this additional charge, which is your responsibility.
All personalized photos will be sent via a link to an online location for retrieval and not sent via MMS.
Limitation of Warranties: By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) No information or advice, whether expressed, implied, oral or written, obtained by you from SantaChat, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that..
PAID MEMBERSHIPS AND PAID FEATURES
In addition to the free services provided on the Website, Paid Memberships (for example, the MotivateKids365 Membership) and Paid Features are offered that require payment. Where payment is required, the following additional terms and conditions will apply.
Billing and Payment
MotivateKids365 will use the credit card information You provide to bill You for goods and services. By registering for the Paid Memberships or Paid Features and providing Your credit card details, You agree to be billed by us for Your for-fee service in advance. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your Account with any changes to such information. Customers with billing addresses outside Canada confirm that they are not residents of Canada and are not registered for purposes of Canadian goods and services tax (GST) and harmonized sales tax (HST)
**In App Purchases (via Website Portal)
Please note that MotivateKids365.com does not currently have a downloadable app developed, so access is via our website only. We do support multiple devices and Browsers, and are working on our app development and will notify our Members once completed. **
From time to time, MotivateKids365 may offer additional products and services for purchase (“in app purchases”) through the App Store ℠ or other application platforms authorized by MotivateKids365 (each, a “Software Store”). If You choose to make an in app purchase, You will be prompted to enter details for Your account with the mobile platform You are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to You at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until You cancel in accordance with the platform terms. In all cases, please refer to the terms of Your application platform which apply to Your in app purchases.
Tokens and Other Virtual Items
Paid Memberships are subscriptions. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period, at the price You agreed to when subscribing assuming you "checked" the Auto Renew" feature. You agree that Your account will be subject to this automatic renewal feature. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to Your Account page and opt out of automatic renewal of Your purchase. If You opt out of automatic renewal after Your purchase, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account. By subscribing to the Paid Membership, You authorize MotivateKids365 to bill the credit card You provided now and again at the beginning of any subsequent subscription period. You also authorize MotivateKids365 to charge You for any sales or similar taxes that may be imposed on Your subscription payments.
Reaffirmation of Authorization
Your non-termination or continued use of the Paid Memberships reaffirms that MotivateKids365 is authorized to charge the credit card information provided. MotivateKids365 may submit those charges for payment and You will be responsible for such charges. This does not waive MotivateKids365’s right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when You initially subscribed to the Paid Memberships
Termination of Services for Non-Payment
Where payment is required for a Paid Membership or Paid Feature and we are unable to charge Your credit card for any reason, we may discontinue any and all Services to You either temporarily or permanently.
Cancellation of Services
If You cancel Your account, Your Paid Membership and/or Paid Features will be cancelled unless You used PayPal to complete Your purchase. If You used PayPal to pay for Your Paid Membership and/or Paid Features, You must contact or login to PayPal to cancel Your account; unfortunately, MotivateKids365 is not able to do this on behalf of PayPal users. Most payments for Paid Memberships and Paid Features are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded. Paid Memberships and/or Paid Features cannot be transferred to any other account. You will have the ability to continue using your remaining membership until the final day when Membership is set to terminate, based on the start time of your original membership.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.