VisitSantaOnline.com Chat Terms Of Use and Privacy Statement

Terms of Use

The following constitutes an agreement between you and WebCamCo., Inc. (either "we" or "us") governing your use of the VisitSantaOnline.com web site (the "Site"). Use of the Site constitutes your acceptance of and agreement to these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR REGISTER FOR A CHAT. Before arranging a chat, please be sure to carefully review the Customer Service page to determine whether your system meets all the technical requirements.

  1. The Service  The Site is owned and operated by WebCamCo., Inc., an Illinois corporation. This Site provides users with real time interactive "chats" via web cameras with live audio or instant text messaging displaying Chathosts (also sometimes referred to as "Hosts", "Performers", and/or "Broadcasters") on your computer screen. Once you register for a chat by providing a valid email address and creating a user name and password, you will receive an email with a link that must be clicked to validate and activate your account and you will be guided back into the site to conduct the chat, either then, or at your discretion. You will be able to access a short video on www.VisitSantaOnline.com and http://cam.VisitSantaOnline.com/cgi-bin/customer/vibe_custmain.cgi w and/or text instructions which serve as a “How to use this site” instructional tutorial.  We hope you will take note of the technical requirements (mentioned expressly in the "How-to" tutorial as well as extensively on our Customer Service page) to use the site (A PC or a Mac with at least 512 mb of RAM, a wired internet connection, DSL or cable high speed internet, working speakers to hear the chat host, and a working webcam if you desire the host to hear and see you too).  A webcam is not required in order to chat with a host on VisitSantaOnline.com; you may type to the host and he/she will respond to you via typing or by speaking to you directly via his/her webcam.  Once you are sure your equipment will enable you to have a chat successfully and once you’re sure of how to use this site via the instructional video and/or the customer support page linked at the bottom of http://cam.VisitSantaOnline.com/cgi-bin/customer/vibe_custmain.cgi, and/or once you've created an account and clicked the chathost's "Free Chat" option and tried a free sample of a chat with the chathost, please click one of the chat options ("VIP chat" for one-on-one chatting between you and the chathost, or "Group chat" for a chat between multiple parties and the chathost) next to the picture of the chathost you wish to chat with. Please note that you must "Buy Time" on a pay-per-minute basis to engage in either a VIP or Group Chat option. You may "Buy Time" via the links provided to pay per minute via credit card or your PayPal account.  Once you have funded your account, you may elect to use the chat time you’ve purchased whenever you desire.  If you use only part of the chat-time you’ve purchased, the funding will remain in your account for use at a later time or date as you desire.  However, THERE ARE NO REFUNDS ONCE YOU HAVE PAID FOR TIME on VISITSANTAONLINE.COM. We may change or discontinue the Site or Service or any feature or the price at any time and without notice.

    We have the right to take any and all action we deem necessary to ensure the integrity of the Site, Service and your membership account, including but not limited to terminating your account, deleting any recorded chat and removing any link to the chat. In no event and under no circumstance will we be liable to you for any liability or damages resulting or arising from any action or inaction on our part under this provision, any compromise of the confidentiality of your account or password, or any unauthorized access to your account or use of your password.

  2. Prohibited Conduct  You may only use the Site and Service for lawful purposes and only as we intend as expressed in these Terms of Use. This Site or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

    The following rules are not exhaustive. We may revoke your access to the Site and Service at any time for any violation of the following rules:

    You may not submit or transmit through the Site or Service any material or engage in conduct that: " Violates or infringes the rights of others including intellectual property rights; " Impersonates any person, business or entity, including us; " Contains a virus or worm or permit the unauthorized use of a computer or network; " Encourages conduct that would constitute a criminal offense or creates civil liability; " Interferes with the operation of the Site or any Member’s use of the Site; " Uses a robot, spider or other device or process to monitor the activity on or copy content from the Site; " Uses any metatags, search terms, key terms, or the like that contains the Site name, WebCamCo., Inc. or any of its trademarks or service marks; " Transmits, directly or indirectly, any unsolicited bulk communications (including email and instant messaging) or collects information on Members or Site users for the purpose of sending unsolicited bulk communications; " Embeds any page of the Site in "frames" running from other web sites; " Creates member accounts by automated means or under false or fraudulent pretenses; or " Mirrors the Site or Service on any other web site or server.

  3. Use of the Site  We grant you the limited, revocable license to access and use the Site and Service for its intended purposes, subject to your compliance with these Terms of Use. This does not include the right to collect or use information contained on the Site for purposes we prohibit, or to compete with us, or make any reproductions or adaptations of content in the Site. If your use of the Site goes beyond the scope of what is authorized in these Terms of Use, we may revoke your license (with or without notice) to use the Site. We otherwise also reserve the right to terminate your account with us and your access to the Site at any time and without notice.

    You are solely responsible for the content of your chat interaction including, but not limited to, all data, text, logos, sounds, images, photos, and links. Your chat interaction must not violate or infringe on the rights of others, contain defamatory, hateful, abusive, profane or sexual language or advertising to Site users for any purpose. You cannot create postings or use the Service for any unauthorized or illegal purpose. You cannot use the Service to distribute, list, promote, or share third-party content without proper written authorization from the owner(s) of such content.

    When you visit the Site, use the Service, or contact us by other means, you consent to receive communications from us by email including promotional communications.

  4. Editing and Deleting Content  We reserve the right in our sole discretion to remove and/or filter any content in your chat interaction, whether or not we discover a violation of these terms or receive a notice and take down request pursuant to the Digital Millennium Copyright Act. We may store your postings and disclose them, if required by proper authorities, to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to third-party claims; and (d) protect the rights, property, or personal safety of Members, WebCamCo., Inc., Site users and the public. If you believe a posting in the Site contains material that infringes your copyright and want the material to be removed from the Site, you must send written and signed notification in accordance with "512(c)(3) of the Copyright Act to the Site"s designated agent at: DMCA Notices WebCamCo., Inc. 2504 Lexington Lane Naperville, IL 60540 Email: customerservice@webchatswithcharacter.com, Phone (630) 779-0351 .

    Any person who intentionally misrepresents that content or activity on this Site is infringing may be subject to liability under 512(f) of the Copyright Act.

  5. Linking  In the event that recordings of chats become available for purchase by you after a chat, you may forward the link to your recorded chat that we provide to you only for non-commercial purposes and only to your individual friends and family. We may include links in the Site to other web sites as will our advertisers and sponsors. You acknowledge that we have no control or liability for the content of any web site or blog that has a link on the Site.

  6. Indemnification  You agree to indemnify, defend and hold us and our officers, directors, employees, agents and advertisers, harmless from any and all liability, loss, claim and expense, including reasonable attorneys" fees, related to your violation of these Terms of Use or any local or federal laws or regulations or for anything that others do in reliance on your postings. You accept full responsibility for complying with applicable laws and regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  7. Disclaimer of Warranties  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, OR THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIM LIABILITY FOR, ANY PRODUCT, MANUFACTURER AND SERVICE MENTIONED IN THE SITE AND ADVERTISING THAT APPEARS IN THE SITE.

  8. Limitation of Liability.  In no event shall we or any of our officers, directors, employees, agents and advertisers be liable for any special, indirect, consequential damages or exemplary damages resulting from your use of the Services, the Site, gift cards or inability to use any of them. These exclusions apply to any claims for lost data, profits or goodwill or any other damages or losses, even if we knew or should have known of the possibility of such damages. In some states we may not exclude or limit our liability for consequential, incidental, or special damages. If the foregoing limitations are unenforceable, you agree that our liability to you under these terms shall not exceed FIVE DOLLARS ($5.00).

  9. Intellectual Property  We own or license all copyrights in and to the content, designs, information, text, software, code, data, images and materials displayed on, or used in connection with, the Site and Service, including your recorded chat. By making any content available through the Site, we do not grant any license or other authorization to copy, use, reproduce, perform, display, or distribute material protected by copyright or other intellectual property, except as provided in this agreement. By authorizing us to do so, you grant us an irrevocable, perpetual, royalty-free, non-exclusive license, to use, reproduce, display, syndicate, share, adapt, modify, display, publish, perform, distribute and store such material, and to prepare derivative works from such material. Additionally, you also authorize us to use your name, voice, and appearance, and those of all the persons appearing onscreen in your chat, on the Site to promote the Site in all media by displaying your recorded chat or still photos from it. When you purchase a copy of your recorded chat, all copyright ownership remains with us but you have the right to store, make an archival copy and view the recording for as long as you like.

  10. Dispute Resolution This agreement and any claim or dispute that you may have with us shall be governed by Illinois law without regard to conflict of law provisions. You agree that any disputes or claims that you may have against us will be submitted to confidential arbitration in Dupage County, Illinois before a single arbitrator in accordance with the commercial rules of the American Arbitration Association, except that if you have in any manner violated or threatened to violate our intellectual property rights or your obligations with respect to our confidential information, we may file an action seeking injunctive relief in any court of competent jurisdiction and you consent to the person jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the Circuit Court for the Eighteenth Judicial Circuit in Wheaton, Illinois and the U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago. The arbitrator’s award shall be final, binding and conclusive except that it may be appealed pursuant to the Federal Arbitration Act. The arbitrator’s decision shall be in writing supported by written findings of fact and conclusions which shall set forth the award and may be entered as a judgment in any court of competent jurisdiction. In rendering the decision, the arbitrator shall follow Illinois law and not use equitable principles which would permit the arbitrator to ignore this agreement or the law. Any award is subject to all dollar and other limitations in this agreement. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to one involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to use of the Site or Service or this agreement must be brought within one (1) year after such claim or cause of action accrues or it shall be forever barred.

  11. Miscellaneous  Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The failure to enforce any of these terms shall not be deemed a waiver of such provision nor the right to enforce such terms. We reserve the right to change these Terms of Use at any time without notice.

Privacy Policy

WebCamCo., Inc. ("we", "us"), respects your privacy, as a user of this web site (the "Site") and the member services described (the "Service") and created this Privacy Policy to inform you of the information we collect about you as well as how that information is used and with whom it is shared. Please read this carefully and contact us via our customer service page linked on the homepage of http://www.VisitSantaOnline.com if you have any questions. By using the Site or Service you are accepting the practices described in this Privacy Policy.

This Privacy Policy covers the collection of personal and non-personal information. Personal information is any information associated with your name, personal identity, and contact information. Non-personal information is data about usage patterns, reported in aggregate, which is not associated with a specific personal identity. Personal information will only be used to create your account.

We do not intend to sell, lease or share any user information obtained through the Site or Service to third parties. However, we will allow third parties to display advertisements on the Site and they may use cookies and other tracking technologies to collect information about users who view or interact with their advertisements. 

Any changes in this Privacy Policy will be posted here. If you continue to use the Site or Service after notice of these changes is posted, you will provide your consent to the changed practices.