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Terms of Service

Last Updated: December 19, 2024

Welcome to MagicSantaVideo.com (the “Site”), operated by Manifest Automation, Inc. (“Company,” “we,” “us,” or “our”). By accessing or using the Site and related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

Please read these Terms carefully before using the Service.

1. Use of the Service

  • Eligibility: You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you have the legal capacity and authority to enter into these Terms.
  • Personal Use Only: The Service is provided for your personal, non-commercial use. You agree not to resell, redistribute, or exploit any portion of the Service without our express written permission.
  • Account Information: You may be required to provide an email address or other information to use certain features of the Service. You agree to provide accurate and complete information and to keep such information updated.

2. Content and Intellectual Property

  • Ownership: All content, including but not limited to text, graphics, logos, videos, audio files, software, and the overall look and feel of the Service (collectively, “Content”), is the property of the Company or its licensors and is protected by intellectual property laws.
  • Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Content solely for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, display, perform, or create derivative works from any Content without our prior written consent.
  • User-Generated Content: If you submit any materials (e.g., names, ages, wish lists) for generating personalized messages (“User Content”), you represent and warrant that you have all necessary rights and permissions to provide such User Content. You grant us a worldwide, royalty-free, non-exclusive, perpetual license to use, host, store, reproduce, modify, and create derivative works of such User Content as necessary to provide the Service.

3. Appropriate Use and Conduct

  • Prohibited Conduct: You agree not to:
    • Use the Service for any illegal or unauthorized purpose.
    • Post or transmit any content that is unlawful, harassing, threatening, abusive, vulgar, defamatory, obscene, or otherwise objectionable.
    • Interfere with the operation of the Service or any other user's enjoyment of the Service.
    • Attempt to gain unauthorized access to any portion of the Service or related systems.
  • Compliance: You agree to comply with all applicable laws, regulations, and these Terms when using the Service.

4. Payments and Refunds

  • Pricing: Certain features of the Service, such as generating a personalized Santa video, require payment. The current fee is listed on the Site and may be updated from time to time at our discretion.
  • Payments: All payments are processed through secure third-party payment providers. By making a payment, you represent and warrant that you are authorized to use the chosen payment method.
  • Refund Policy: If a video is not delivered as promised, you may be eligible for a refund at our sole discretion. To request a refund, please contact our customer support at [email protected].

5. Delivery Times and Quality of Service

  • Delivery Time: While we strive to deliver personalized videos within 30-45 minutes after payment, actual delivery times may vary due to factors outside our control (e.g., high demand, technical issues).
  • No Guarantee: We do not guarantee uninterrupted or error-free operation of the Service. The quality and personalization of the video may depend on the accuracy and completeness of the information you provide.

6. Privacy

  • Privacy Policy: We value your privacy. Please review our Privacy Policy, which governs the collection, use, and disclosure of your personal information. By using the Service, you acknowledge and agree to the terms of our Privacy Policy.
  • Children's Information: The Service may involve submitting a child's name or other details for personalization. You represent that you have the authority to provide this information. We encourage parents and guardians to supervise their child's use of the Service.

7. Third-Party Services and Links

  • Third-Party Links: The Service may contain links to third-party websites or services. We do not endorse or assume any responsibility for any third-party content, products, or services. You access third-party links at your own risk.
  • Third-Party Payments: Payments are processed through secure third-party platforms, and we are not liable for any issues arising from their services.

8. Disclaimer of Warranties

AS IS BASIS: THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

NO GUARANTEES: WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE.

9. Limitation of Liability

No Liability for Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

Cap on Liability: OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SPECIFIC SERVICE GIVING RISE TO SUCH CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, employees, directors, and licensors from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your User Content, or your violation of these Terms.

11. Termination

  • Termination Rights: We may, in our sole discretion, suspend or terminate your access to the Service at any time and for any reason, including for violation of these Terms.
  • Effect of Termination: Upon termination, your right to access the Service will immediately cease. Any provisions that by their nature should survive termination shall survive, including intellectual property, warranty disclaimers, and limitation of liability.

12. Changes to the Terms

We reserve the right to modify or update these Terms at any time. Changes will be posted on the Site with an updated “Last Updated” date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of the state or jurisdiction in which the Company is headquartered, without regard to conflict of law principles. Any claim or dispute shall be resolved exclusively in the state or federal courts located in that jurisdiction, and you consent to personal jurisdiction and venue in such courts.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

15. Entire Agreement

These Terms, along with our Privacy Policy and any other policies or guidelines posted on the Site, constitute the entire agreement between you and the Company regarding the use of the Service and supersede all prior agreements.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]

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