Terms of Service
Santa Magic | Your Holiday Photo Experience
These Terms include our Privacy Policy and by agreeing to these Terms, you agree also to our Privacy Policy. Please read this policy as it explains how we handle any personal information we receive from you.
We reserve the right to deny the ability to upload content or to delete content at our discretion. We also reserve the right to suspend or terminate any account at our discretion. In taking any of these actions, we are not required to provide any party with notice of actions. You agree that in taking these steps we will not incur liability to you or any other party.
1. INTRODUCTION
The listed Terms set out rights and obligations, in relation to your use of our Websites, Platforms, and any goods, services, or content accessible through our platforms. Please take time to read and understand these Terms before using our products.
By using one or more of our Platforms, you consent to these Terms, regardless of the extent of your use or communications to the contrary. We will change these Terms from time to time with immediate effect. The Terms will be changed by posting the latest version to this site, we recommend regularly reviewing this policy if you use our Platforms. If you do not wish to be bound by any of the Terms, please cease using our Platforms. From time to time we may add, remove, and change products and services available on our Platforms. These Terms will apply regardless of these, and any other changes.
You agree to comply with any order or request we give you in relation to your use of our Platforms. We may vary any or all of these terms in individual cases but are in no way obliged to do so. Any such variation will not be deemed to confer rights on any party for the creation, maintenance, or altering of existing or future variations.
2. YOUR INFORMATION
Where we request information from you, you agree to provide us with information that is accurate at the date you provide it and, to your knowledge, will remain accurate. If you become aware that the information you have supplied to us is or will become inaccurate, you will update this information as soon as reasonably possible. You can do this either through your user account on one of our Platforms or by contacting us. You acknowledge that, if we need to contact you, we will do so via the information with which you provide us. You, therefore, accept that you are responsible if we are unable to contact you due to a lack of accurate information. Even if we store information about you (including payment details) we may still require you to provide the same or further information when using our Platforms. If we reasonably believe any of the information you provide to us is expired, invalid, or incorrect, we reserve the right to suspend or terminate your account at any time. For security or other reasons, we may require you to change your password or other information regarding access to our Platforms; however, we will never ask you for your password.
You are solely responsible for maintaining the confidentiality of your password, access details, and any additional identifying information.
You consent to us treating everything done through your account and any associated contact details as being done by you. There is a limit of one account per natural person. We do not guarantee the storage of your information. We may be required by law or other obligations to delete your information, and you accept that we are not liable to you or any other party in such an event.
Any information you provide is handled in accordance with our Privacy Policy. You agree that we may use your information for the purposes outlined in that Privacy Policy, including (but not limited to) sharing your personal information with our Partners and Affiliates as well as any other parties we may engage from time to time to process, create, or deliver any purchase or payment for any photo-related or other merchandise you may wish to purchase.
We provide you with the ability to upload and access images through your account. This service is to allow your creation and purchase of products bearing these images, and you agree not to store images for any other purpose or to upload images by any automated or scripted means. We do not currently limit the volume of images you are able to store with your account: however, we reserve the right to introduce such a limit in the future. We do not guarantee that an image you upload will be able to be used in conjunction with our products. We do not guarantee the storage of your images, and you should maintain backups of these images.
We reserve the right to make changes to the images you store with your Account to aid in their storage. These changes may include, without limitation, compression, down-scaling, and changing the image’s format. We do not guarantee that this process will not reduce the image quality or suitability for use on products.
4. USER RULES
You agree not to use our Platforms in any way connected to the sending of unsolicited messages, the collection of information of any kind about users, or the facilitation of activities benefiting one or more of our competitors. You agree not to use any information regarding other users that is accessible through the Services except as expressly permitted by these Terms.
Though User Content contravening these Terms is forbidden, we do not control or regularly monitor the use of our Platforms. It is possible that User Content contravening these Terms may be accessible through our Platforms. We are not responsible for such User Content, but if you become aware of any such User Content on one or more of our Platforms, please contact us by clicking here.
You can cancel your account at any time by contacting our customer service team. You may be asked to provide further proof that you are the holder of the account. This is a permanent process and we do not guarantee that your account will be able to be reactivated. Please consider the decision carefully. We reserve the right to delete your User Content or account at any time at our discretion. If your account is terminated because you have breached these Terms, we may prohibit you from establishing another account. Where an account is canceled, lapses, or terminated, we are entitled to close the account and entitled (but not obliged) to delete all User Content associated with that account. Your obligations and our rights under these Terms survive the termination and deletion of your account.
If you share any User Content, communication, or access code, you consent to the receiver of any such material being able to purchase and further communicate the material.
1. You place the order for one or more products or services on one of our Platforms by pressing an order confirmation button at the end of the checkout process.
2. We then take payment for your order by means of your nominated payment method.
3. After payment, we send you a confirmation email detailing your order; and sometime after your order, we will transport the product or products to you.
You agree that by confirming your order, you agree to purchase the products and/or services you have selected at the price stated. You agree that we only accept your order when we transport the product and that any communication prior to this point is an acknowledgment of the receipt of your order. You agree that we may refuse your offer at any point before shipping the product or products. You agree that we may cancel an order at any point in time (including after transporting the product or products) if:
- Your order breaches any applicable laws or regulations.
- Your order breaches these Terms.
- Your order uses User Content infringing these Terms.
- Your order uses User Content, which is corrupted, technically unsupported, or inadequately pixelated.
- The product or products you order are unavailable.
- We do not obtain authorization for your payment; or a relevant pricing or product description error is identified.
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
Cherry Hill Programs' digitally downloaded products are not eligible for refunds. By purchasing, you are agreeing that you have checked any available previews, are satisfied with the product, and agree to waive your right to a refund. Please contact our Customer Service team if there are any issues with your order.
6. INTELLECTUAL PROPERTY
Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Site. Cherry Hill Programs uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Linkedin, Twitter, Instagram, Pinterest, Vimeo, TikTok, and YouTube (collectively, "Social Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.
Cherry Hill Programs does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs, or otherwise contained in the Site and expressly disclaims any and all liability in connection with User Content submissions. Cherry Hill Programs disclaims any and all liability in connection with User Content, and you agree that Cherry Hill Programs and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content.
By providing User Content via the Site or Social Media Assets, you affirm, represent, and warrant that:
A) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Cherry Hill Programs and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Cherry Hill Programs, the Site, and these Terms.
B) Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Cherry Hill Programs to violate any law or regulation or otherwise cause liability for Cherry Hill Programs; and
C) Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate
7. LIABILITY, INDEMNITY, AND RESPONSIBILITY
THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. CHERRY HILL PROGRAMS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHERRY HILL PROGRAMS DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH CHERRY HILL PROGRAMS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER CHERRY HILL PROGRAMS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.
CHERRY HILL PROGRAMS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF CHERRY HILL PROGRAMS’ TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHERRY HILL PROGRAMS AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).
8. RAISING ISSUES
You agree that when you have any issue with us, our platforms, or anything connected to us or our platforms, first notify us of that issue and attempt to resolve it through good-faith negotiation before reporting the issue to any third party. You agree to notify us as soon as reasonably possible if you become aware of actions or omissions by you or any other party that you believe to contravene these Terms. You agree that any such issue must be notified to us within ninety (90) days of the date on which it arises and that, if this is not done, any claim based on such an issue is forever barred.
9. GENERAL
We, our affiliates, or third parties may offer new, or updated products or services through our Platforms from time to time. Your use of those services will be governed by these Terms but may also be subject to additional terms of use, which you must comply with. Any failure by you to comply with a material provision of the terms governing those products or services will amount to a breach of these Terms.
We reserve the right to assign these Terms and any or all of our rights and obligations under these Terms. You may not, without our prior written consent, assign or dispose of these Terms or any of your rights and obligations thereunder.
You must ensure that you comply with all applicable laws and regulations in all actions and omissions relating to this agreement, including without limitation User Content, images that may be viewed, and the products that may be bought. If any party contacts us in relation to User Content or a transaction associated with you, then you agree to provide all reasonable information and assistance we may require in connection with responding to that contact and to provide such information and/or assistance promptly and accurately.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Where any part of these Terms conflicts with applicable law that law shall override the relevant part or parts of these Terms only to the minimum extent necessary to remove such a conflict. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms contain your entire agreement with us relating to your use of and access to our Platforms and replace all earlier agreements and understandings with you relating to our Platforms.
The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms.
To the greatest extent permitted by law, a person who is not a party to these Terms has no right to enforce any of these Terms.
These Terms, your use of the Platforms, and each order and purchase of a product shall be governed by the laws of the United States of America.
10. CONTACT
Cherry Hill Programs is a United States of America company, though some of our affiliate companies are formed in other countries. If you have a request regarding these Terms, please feel free to contact us here or by writing to 4 East Stow Road Suite #1, Marlton, New Jersey.
11. REFUND POLICY
All sales are final.
Updated 7.25.2024
