TERMS OF SERVICE

This document sets for the terms of service (the “Terms of Service”) for the Black Santa JingleTM Services and mobile properties located and associated with other domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services;” more generally, the Black Santa Jingle Services, landing pages and mobile properties shall hereinafter be referred to herein as the “Services”). The Services are offered to you upon your acceptance of the terms, conditions, and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept these terms and conditions, you are not authorized to use the Services. If you have a Black Santa Jingle account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services, To close your account, please email us at help@blacksantajingle.com. 

Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view, access or otherwise interact with through the Services shall be referred to as “Content.” The terms “we,” “us,” “Black Santa Jingle’s” and “Black Santa Jingle” is associated with Our World Productions, LLC, a California limited liability company located in the United States of America. “Services” as defined above refers to those provided by Black Santa Jingle. 

The term “you” refers to the individual, company, business organization, or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services may be referred to, variously, as “your Content” and/or “Content you submit.” The Services are provided for the purpose of providing online, virtual entertainment experiences, and associated e-commerce opportunities and/or offerings. 

Black Santa Jingle may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of Black Santa Jingle Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on Black Jingle Ring’s Services. Be sure to return to this page periodically to review the most current version of these Terms of Service. 

Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

In order to access certain features of the Services, you will need to become an Account Holder to access certain products and features of the Services. You agree and understand that the Black Santa Jingle companies have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law. As a condition of your use of the Services, you warrant that (i) all information supplied via the Services to the Black Santa Jingle Companies is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to Black Santa Jingle’s Services, and (iv) you possess the legal authority to enter into this Agreement and to use the Black Santa Jingle Services in accordance with all terms and conditions herein. The Black Santa Jingle companies do not 

knowingly collect the information of anyone under the age of 13. We retain the right at Black Santa Jingle sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third-party sites, you understand that you are solely responsible for any information that you share with the Black Santa Jingle companies. You may access the Services solely as intended through the provided functionality of the Services in accordance with and as permitted under these Terms of Service. 

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is limited based on the offers purchased and other uses require written permission of the Black Santa Jingle companies. To request permission, please direct your request to: 

Our World Productions, LLC

233 E. Broadway, Suite V-400 

Glendale, GA 91205 

The Black Santa Jingle companies may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the Black Santa Jingle companies have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law. We may also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific service. 

By using the Black Santa Jingle Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Black Santa Jingle and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “Black Santa Jingle Entities”) arising out of, relating to, or connected in any way with the Black Santa Jingle Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by and conducted before a sole arbitrator in accordance with the Federal Arbitration Act (9 U.S.C. Sections 1-16) (“FAA”) and settled by binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to AAA Consumer Arbitration Rules; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA; (3) the arbitration shall be held in Los Angeles, CA; (4) the arbitrator’s decision shall be controlled by the terms and conditions of the Privacy Policy and any Terms of Service and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Black Santa Jingle Services; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Black Santa Jingle Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Black Santa Jingle Entity. 

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED CODE OF PROCEDURE.FOR IN THE AAA 

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. You agree to commence arbitration only in your county of residence or in Los Angeles County, California, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the 

AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein prohibits Our World Productions, LLC from asking the arbitrator to award, Our World Productions, LLC all costs of the arbitration including any Administrative Fees paid on your behalf. If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arises out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in the Los Angeles, Los Angeles County, California. We provide the Service and the related services "as is", “where is”, and "as available." We make no express and/or implied warranties or guarantees about the Service, the goods and services described thereon or the Advertisers. 

THIS AGREEMENT, BELOW, CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE SERVICE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY 

QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING. 

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE SERVICE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” 

YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE E-MAILED TO OUR WORLD PRODUCTIONS LLC, HELP@BLACKSANTAJINGLE.COM WITH THE SUBJECT LINE “OPT-OUT’ AND INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. 

If you are creating a Black Santa Jingle account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.” 

We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated ContentorUGC”). You agree not to post or use any UGC in any way that: infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others; violates the privacy, publicity, or other rights of third parties; is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or could damage our company, parent company, sister companies, affiliates, advertisers, or other parties. We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC. 

By using the Service, You agree not to: conduct or promote any illegal activities; attempt to reverse engineer or interfere in any way with the functioning of the Service or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure); attempt to gain access to secured portions of the Service; use the Service to generate unsolicited email advertisements or spam; use any automatic or manual process to search or harvest information from the Service; interfere in any way with the proper functioning of the Service; or impersonate another user. 

Black Santa Jingle, its logo(s), and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of Our World Productions, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Black Santa Jingle. In addition, the look and feel of the Services, including Black Santa Jingle’s Services, as well as all page headers, custom graphics, button icons, and scripts related to same, is the service mark, trademark, and/or trade dress of Black Santa Jingle and may not be copied, imitated or used, in whole or in part, without the prior written permission of Black Santa Jingle. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Black Santa Jingle. All rights are reserved and Black Santa Jingle is not responsible for content on Services operated by parties other than Black Santa Jingle. 

For the purposes of this Section, references to "Black Santa Jingle," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. In this Agreement, Dispute is defined as “any dispute, claim or controversy between you and Our World Productions, LLC, its members, officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with Black Santa Jingle that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory. 

This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. 

You may not access, download, use or export the Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. 

Black Santa Jingle’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits Black Santa Jingle’s right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Black Santa Jingle with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Black Santa Jingle with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The terms and conditions of this Agreement are available in the language of the Black Santa Jingle Services and/or apps on which Services may be accessed. The Services and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law. Fictitious names of companies, products, people, characters, and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product, or event authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. 

You agree to defend, indemnify and hold harmless Black Santa Jingle and Our World Productions, LLC, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party. 

We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Service, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Service pursuant to this Agreement, you have a limited right to use the Service, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Service for your personal use. We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by Merchants who have provided them to us for use on this Service. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where
you reside, and international conventions. All content on the Service provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Service. You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Service. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose. 

This Service is owned and controlled by Our World Productions, LLC, a, U.S. limited liability company. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the state of California, USA. 

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. 

We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you via email of any substantial changes, by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Service. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Service. We suggest you, therefore, re-read this section of our Service from time to time to stay informed of any such changes. Use of the Service by you after such notice shall be deemed to constitute acceptance by you of such modifications. 

Black Santa Jingle may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where Black Santa Jingles deems it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement, as amended. We also reserve the right to alter or discontinue the Service or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth within this agreement. A termination will result in the immediate cessation of access to the Service. The Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections and all terms and conditions related to your Content shall survive the termination of this Agreement. 

YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS. 

Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with Black Santa Jingle’s Privacy Policy. 

The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the Black Santa Jingle companies or licensed to the Black Santa Jingle companies by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to: (i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by the Black Santa Jingle Companies; (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without Black Santa Jingle express written permission; (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;(iv) take any action that imposes, or may impose, in Black Santa Jingle’s discretion, an unreasonable or disproportionately large load on Black Santa Jingle’s infrastructure; (v) deep-link to any portion of the Services for any purpose without Black Santa Jingle’s express written permission; (vi) "frame," "mirror" or otherwise incorporate any part of the Services into any other Services or service without Black Santa Jingle’s prior written authorization; (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Black Santa Jingle companies in connection with the Services;(viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or (ix) download any Content unless it’s expressly made available for download by the Black Santa Jingle Companies. 

Please note and be aware that portions of the Black Santa Jingle Services may include video and/or audio communications recorded for the purposes of delivering the Services, for conducting quality assurance, and/or for certain marketing activities. By accepting these Terms of Service and/or using the Services, you hereby: (I) you acknowledge that Black Santa Jingle may use certain telecommunications without your permission. 

When you place your order with Black Santa Jingle we are reserving time to provide you with the best possible service. You agree to and understand the following: 

RESCHEDULE 

If you need to reschedule, please contact help@blacksantajingle.com 48 hours prior to your visit and we will do our best to reserve another time for you. However, if Santa’s schedule is full, we are happy to refund your money. 

CANCELLATION 

If you need to cancel your appointment, please notify us at least 7 days prior to your scheduled visit via mail please contact help@blacksantajingle.com. We will not be able to offer a refund without sufficient cancellation notice. 

MISSED APPOINTMENTS 

If you miss your appointment without notice, you will need to purchase and schedule a new session with Santa. Refunds for missed appointments will not be provided. 

For answers to your questions or ways to contact us, email us at help@blacksantajingle.com. 

Or, you can write to us at:
Our World Productions, LLC
225 E. Broadway – Suite V-400 

Glendale, GA 91206
Please note that Our World Productions, LLC does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address immediately above. 

Through your use of the Services, you may encounter links to third-party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third-party sites and apps. If there are any fees associated with the Black Santa Jingle companies, details of such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the Black Santa Jingle companies are in no way responsible or liable for any such third-party sites or apps. Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the Black Santa Jingle Companies may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others. The Services may contain hyperlinks to Services operated by parties other than the Black Santa Jingle Companies. Such hyperlinks are provided for to facilitate our Services. The Black Santa Jingle Companies do not control such Services and are not responsible for their contents or the privacy or other practices of such Services. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other Service), you are personally protected from such items as viruses, worms, trojan horses, defects and other items of a destructive nature. 

Use of Black Santa Jingle E-Commerce Services. The Black Santa Jingle Companies offer you the ability to enter into transactions to purchase certain products or services (the “E-Commerce Services”) with third- parties, including other Customers or third-party suppliers without leaving the Services. By engaging in an e-commerce transaction via the Services, you will become an Account Holder if you are not one already. By making use of the E-Commerce Services via the Services, you acknowledge that you accept the practices described in Black Santa Jingle’s Privacy Policy and this Agreement. In addition, you warrant, either in your individual capacity or as a Business Representative, that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use the Services (including the Black Santa Jingle Companies’ E–Commerce Services) in accordance with this Agreement and that all information you supply is true and accurate. You further agree that you will use the Black Santa Jingle Companies’ E-Commerce Services only to make engage in purchases and/or sale for yourself or others for whom you are legally authorized to act. 

Third-Party Suppliers. The Black Santa Jingle companies use products or services offered by third-party suppliers and facilitate our sales with the assistance of such third-party products or services through certain suppliers on or through the Black Santa Jingle companies’ Services, such actions do not in any way imply, suggest, or constitute the Black Santa Jingle companies’ sponsorship of third-party suppliers, or any affiliation between the Black Santa Jingle companies and third-party suppliers. The Black Santa Jingle companies do not endorse or recommend the products or services of any third-party suppliers. The Black Santa Jingle Companies do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation, or advice expressed therein, and the Black Santa Jingle Companies expressly disclaim any and all liability in connection with such Content. If you purchase a product or service for a third party, you agree to be bound by the supplier’s terms and conditions of purchase and Service use, privacy policy, and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. The Black Santa Jingle Companies will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers. The Services may link you to supplier sites or other sites that Black Santa Jingle does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below. If the Black Santa Jingle companies are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then the Black Santa Jingle Companies’ liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to the Black Santa Jingle Companies for the transaction(s) on or through the Services giving rise to the claim, or (b) One-Hundred Dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Black Santa Jingle companies. 

USER CONTENT AND USE OF OTHER PUBLIC SPACES; 

We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting via any Black Santa Jingle synchronization product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your Black Santa Jingle account by virtue of any Black Santa Jingle companies product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant the Black Santa Jingle companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and right to host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world on Black Santa Jingle in any media, currently known or hereafter devised. You further grant the Black Santa Jingle companies the right to pursue at law any person or entity that violates your or the Black Santa Jingle’s companies’ rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. 

The Services may contain discussion forums, bulletin boards, review services, or other avenues through which you may post your Content, such as reviews of products, messages, materials or other items ("Public Spaces"). If Black Santa Jingle provides such Public Spaces on the Services, you are solely responsible for your use of such public spaces and use them at your own risk. The Black Santa Jingle Companies do not guarantee any confidentiality with respect to any of your Content that you provide to the Services or in any Public Spaces. To the extent that any entity that is one of the Black Santa Jingle companies provides any form of private communication channel between Account Holders, you agree that such entity (ies) may monitor the substance of such communications in order to help safeguard Black Santa Jingle community and the Services. You understand that the Black Santa Jingle Companies do not control or edit the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such communication. In particular, Black Santa Jingle does not edit or control users’ Content that appears on the Services. The Black Santa Jingle companies nevertheless reserve the right to remove any such communication or other Content from the Services without notice, where they believe in their sole discretion that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the Black Santa Jingle companies and/or other users of the Services. 

By using any public or private spaces, you expressly agree only to submit Content of yours that complies with Black Santa Jingle’s published guidelines, as are in force at the time of submission and made available to you by Black Santa Jingle. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that; is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; constitutes mass mailings or “spamming,” “junk mail,” “chain letters” or “pyramid schemes”; impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Black Santa Jingle Companies; Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to Black Santa Jingle’s Services, but only where express permission of the identified individual has been secured beforehand; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); include or facilitate the dissemination of viruses, corrupted data or other harmful, disruptive or destructive files; is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or in the sole judgment of Black Santa Jingle, (i) violates the previous subsections herein, (ii) violates Black Santa Jingle’ related guidelines as made available to you by Black Santa Jingle, (iii) is objectionable, (iv) restricts or inhibits any other person from using or enjoying the Public Spaces or any other aspect of the Services, or (v) may expose any of the Black Santa Jingle Companies or their users to any harm or liability of any type. 

Although Black Santa Jingle has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Public Spaces, Black Santa Jingle reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf. Any use of the Public Spaces or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the public spaces and/or the Services more generally. 

Black Santa Jingle operates an online service that provides users providing online, virtual entertainment experiences, and associated e-commerce opportunities and/or offerings. In this Statement, these are collectively referred to as Black Santa Jingle Services. This Statement provides a general overview of Black Santa Jingle’s privacy practices. By visiting Black Santa Jingle’s Services and related applications, whether on a computer, phone, tablet, or similar device (these are all referred to as a “Device”). Black Santa Jingle knows that sharing your personal information with us is based on trust. We take this seriously and are committed to ensuring that we respect your privacy when you visit Black Santa Jingle’s Service or use Black Santa Jingle’s services. Protecting your private information is our priority. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. This Privacy Policy applies to Black Santa JingleTM and Our World Productions, LLC, and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to “Black Santa Jingle” includes services provided by Our World Productions, LLC. By using the Black Santa JingleTM Services, you consent to the data practices described in this statement.

Changes to this Statement 

Black Santa Jingle reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. 

Children Under Thirteen 

Black Santa Jingle is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Black Santa Jingle collects personally identifiable information from children under the age of thirteen. Black Santa Jingle collects this information solely for the purposes of customizing the user experience. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this service. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Statement of Privacy. 

Choice of Law 

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of California, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction. 

Contact Information 

If you have any questions or concerns about how and when we collect and use your personal data or if you have a data privacy request, such as a request to delete or access your data, please email us at help@blacksantajingle.com. 

Cookies 

We want your access to Black Santa Jingle’s Services to be as easy, efficient and useful as possible. To help us do this, we use cookies and similar technologies to improve your experience, to enhance site security and to show you relevant advertising. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our webpages. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our pages. 

Information Choices 

You have options with respect to the collection and use of your information. Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will; delete your personal information from our records; direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality; comply with the California Electronic Communications Privacy Act; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with an existing legal obligation; or otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information. You can access, update and even close your account by emailing us at help@blacksantajingle.com. 

Information Collected 

When you access or use Black Santa Jingle’s Services, we collect information from and about you to provide a more personalized and relevant experience. Some information we collect automatically of directly from you. When you use Black Santa Jingle’s Services by “clicking-through” from a third-party site or when you visit third-party sites via Black Santa Jingle’s Services, those third-party sites may share information with us about your use of their service. 

Information Retention 

We will retain copies of your information for as long as you maintain your account or as necessary in connection with the purposes set out in this Statement, to provide service, unless applicable law requires a longer retention period. In addition, we may retain your information for the duration of any period necessary to establish, exercise or defend any legal rights. We may store your data for a limited time on servers provided by third party hosting vendors with whom we have contracted and on our private server. 

Information Security 

We have implemented appropriate administrative, technical, and physical security procedures to help protect your information. Black Santa Jingle strives to secure your personal information from unauthorized access, use, or disclosure. When personal information (such as a credit card number) is transmitted to other Services, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. We cannot and do not ensure or warrant the security of any information you transmit to Black Santa Jingle and you do so at your own risk. 

Information Sharing 

In order to provide some of Black Santa Jingle’s Services, we may need to share information with certain other third parties, including Black Santa Jingle’s group of companies, in the following circumstances; to fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our service, we will transmit the contents of that email and your email address to the recipients. We may also disclose your personal information to comply with any court order, law, or legal process, including to respond to any government or regulatory request. Black Santa Jingle does not sell, rent, or lease its customer lists to third parties. Black Santa Jingle may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Black Santa Jingle, and they are required to maintain the confidentiality of your information. Black Santa Jingle may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Black Santa Jingle or the site; (b) protect and defend the rights or property of Black Santa Jingle; and/or (c) act under exigent circumstances to protect the personal safety of users of Black Santa Jingle, or the public. 

Information Uses 

Black Santa Jingle is committed to providing you with relevant content on Black Santa Jingle’s Services and respect the data privacy laws of the different jurisdictions which we operate in. We use information about you so we can help you enjoy and use Black Santa Jingle’s Services, including in the following ways: to present our Service and its contents to you; to provide you with information, products, or services that you request from us; to fulfill any other purpose for which you provide it; To notify you about changes to our Service or any products or services we offer or provide though it. Black Santa Jingle collects and uses your personal information to operate its Service(s) pages, and social media accounts and to deliver the services you have requested. Black Santa Jingle may also use your personally identifiable information to inform you of other products or services available from Black Santa Jingle and its affiliates. 

Information We Collect About You and How We Collect It 

In order provide you with products and services offered to better by Black Santa Jingle may collect personally identifiable information, such as your: first and last name; related family Information; mailing address; email address; phone number. If you purchase Black Santa Jingle products and services, we collect billing and credit card information thorough a third party site. This information is used to complete the purchase transaction. We collect several types of information from and about users of our Service, including information by which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (”personal information”); that is about you but individually does not identify you; and/or; directly from you when you provide it to us automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies from third parties, for example, our business partners. 

Information You Provide to Us 

The information we collect on or through our Service may include: Information that you provide by filling in forms on our Service. This includes information provided at the time of subscribing to our service, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Service. Records and copies of your correspondence (including email addresses), if you contact us. Your responses to surveys that we might ask you to complete for research purposes. Details of your visits to our Service, including traffic data, location data, logs, and other communication data. Information about your computer and internet connection, including your IP address, operating system, and browser type. We may collect statistical data on occasion but it will not include personal information. The information we collect automatically is statistical data and does not include personal information. 

Links 

This webpage Black Santa Jingle contains links to other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You access such third-party sites or applications entirely at your own risk. 

Payments 

We provide paid products and/or services on Black Santa Jingle webpage. In that case, we use third-party services for payment processing (e.g. payment processors). Financial data is never stored by Black Santa Jingle and is always processed through third parties. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. 

Statement Changes and Notification 

We may update this Statement in the future. If we believe any changes are material, we will let you know by doing one or more of the following: sending you a communication about the changes, placing a notice on the Service and/or posting an updated Statement on the Service. We will note at the top of this Statement when it was most recently updated. We encourage you to check back from time to time to review the most current version and to periodically review this Statement for the latest information on Black Santa Jingle’s privacy practices. 

California Consumer Privacy Act Privacy Statement (“CCPA Statement”)
This CCPA Statement is provided pursuant to the California Consumer Privacy Act (“CCPA”) and applies to California residents and supplements Black Santa Jingle’s overall Statement with additional disclosures and rights.
Your rights under CCPA
As of January 1, 2020, California law permits residents of California to request certain details about how their personal information is shared with third parties or affiliated companies for direct marketing purposes.
Disclosures
For purposes of compliance with the CCPA, in addition to the further details as described in the CPPA Statement, above, we make the following disclosures:
California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/privacy-laws. 

Notice to European Users 

THIS SITE AND THE SERVICES ON THIS SITE ARE TARGETED FOR USERS IN THE UNITED STATES OF AMERICA. ANY INFORMATION YOU ENTER ON THIS SITE MAY BE TRANSFERRED OUTSIDE OF THE EUROPEAN UNION TO THE UNITED STATES OF AMERICA WHICH DOES NOT OFFER AN EQUIVALENT LEVEL OF PROTECTION TO THAT REQUIRED IN THE EUROPEAN UNION. IN PARTICULAR, YOU ARE ADVISED THAT THE UNITED STATES OF AMERICA USES A SECTORAL MODEL OF PRIVACY PROTECTION THAT RELIES ON A MIX OF LEGISLATION, GOVERNMENTAL REGULATION, AND SELF-REGULATION. ARTICLE 26 OF THE EUROPEAN UNION’S DATA PROTECTION DIRECTIVE (DIRECTIVE 95/46/EC, 1995 O.J. (L 281) 31) ALLOWS FOR TRANSFER OF PERSONAL DATA FROM THE EUROPEAN UNION TO A THIRD COUNTRY IF THE INDIVIDUAL HAS UNAMBIGUOUSLY GIVEN HIS CONSENT TO THE TRANSFER OF PERSONAL INFORMATION, REGARDLESS OF THE THIRD COUNTRY’S LEVEL OF PROTECTION. BY USING THIS SITE OR THE SERVICES, YOU CONSENT TO THE TRANSFER OF ALL SUCH INFORMATION TO THE UNITED STATES OF AMERICA WHICH MAY NOT OFFER AN EQUIVALENT LEVEL OF PROTECTION TO THAT REQUIRED IN THE EUROPEAN UNION AND TO THE PROCESSING OF THAT INFORMATION BY THE COMPANY ON ITS SERVERS LOCATED IN THE UNITED STATES OF AMERICA AS DESCRIBED IN THIS PRIVACY POLICY. 

General Data Protection Regulation Rights GDPR 

Effective May 25, 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“General Data Protection Regulation” or “GDPR”) provides that an individual located in the European Union (EU) or the European Economic Area (EEA) has certain rights relating to their personal data. If you wish to exercise any of your rights under the GDPR, such as if you wish for us to delete all or some of your personal data, please email us at help@blacksantajingle.com 

Please note that some personal data (like your email address) is necessary to maintain an account through the Black Santa Jingle Services. In addition, we may retain your personal data for an additional period of time, as permitted or required under applicable law, to conduct audits, prevent fraud and abuse, improve the Black Santa Jingle Services, comply with legal obligations, maintain security, or for any other legitimate and lawful business purpose. 

Effective as of November 30, 2020 

©2020 Our World Productions, LLC. All rights reserved.