Welcome to the Portable North Pole (PNP). On this page, you will find our legal information, including the following:
- The Terms of Sale set forth all the terms, conditions, and notices related to your purchase of PNP digital content and physical goods. Please read these terms carefully as they contain important information regarding your legal rights, remedies and obligations, including various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.
Last Updated: November 7, 2013
CONDITIONS OF USE
In order to create the personalized digital content (including videos, calls, custom ringtones and music) that the PNP Services allow you to create (the “Content”), we require you to create an account, using your email address as a username; we will send you a password, which you will be able to modify later. Alternatively, you may use FaceBook Connect to create an account. You will also be required to enter your gender, age, the email address of the recipient of the personalized Content (if any) and other information necessary to create the Content. Once logged into your account, you will be able to watch and modify multiple videos, buy PNP Content and merchandise, view your invoice and access other account information. It is your responsibility to provide, maintain and update true, accurate, current and complete information about yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including but not limited to using another person's username, password (PIN) or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify UGroupMedia by email: any unauthorized use of your username, password (PIN), other account information, or any other breach of security that you become aware of involving or relating to the PNP Services.
The Content and information provided via the PNP Services, as well as the infrastructure used to provide such Content and information, is proprietary to us and/or our suppliers and providers. While you may view the Content you created as long as it is available and send links to others to do the same, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the Content purchased from or through the PNP Services. Additionally, you agree not to: (i) use the PNP Services or any part thereof for any commercial purpose; (ii) access, monitor, or copy any content or information of the PNP Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers of the PNP Services, or bypass or circumvent other measures employed to prevent or limit access to the PNP Services; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (v) deep-link to any portion of the PNP Services for any purpose without our express written permission; or (vi) "frame", "mirror", or otherwise incorporate any part of the PNP Services into any other website without our prior written authorization.
OWNERSHIP RIGHTS AND LICENSES
UGroupMedia, Inc., PNP Portable North Pole, and other Company graphics, logics, designs, page headers, icons, scripts, and service names are registered trademarks, trademarks or trade dress of UGroupMedia, Inc. in Canada, the United States and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without prior written permission from us. All other brand and product names used herein or in the PNP Services are trademarks or registered trademarks of their respective owners.
WARRANTY/LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY THE PNP SERVICES ARE PROVIDED TO YOU "AS IS" AND MAY INCLUDE INACCURACIES OR ERRORS. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE PNP SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY INFORMATION, PHOTOGRAPH(S), ETC., DISPLAYED VIA THE PNP SERVICES OR WITHIN THE RESULTING CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CHARGES INCURRED BECAUSE OF THE USE OF THE PNP SERVICES, INCLUDING BUT NOT LIMITED TO BANDWIDTH OVERAGE CHARGES. FURTHERMORE, WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, VIDEO, PRODUCTS, AND SERVICES CONTAINED IN THE PNP SERVICES FOR ANY PURPOSE, AND OUR INCLUSION OR OFFERING OF ANY PRODUCT OR SERVICE DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE PNP SERVICES, OUR SERVERS OR ANY EMAIL SENT BY US AND/OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UGROUPMEDIA AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, VIDEO, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SUPPLIERS PROVIDING OTHER SERVICES OR INFORMATION THROUGH THE PNP SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF UGROUPMEDIA. UGROUPMEDIA IS NOT LIABLE FOR ITS ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE, OR THOSE OF ANY SUCH SUPPLIERS OR FOR ANY DAMAGES OR EXPENSES RESULTING THEREFROM. IN NO EVENT SHALL UGROUPMEDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE PNP SERVICES, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE PNP SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND OTHER SERVICES OBTAINED THROUGH THE PNP SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE PNP SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF UGROUPMEDIA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CLAIMS OF COPYRIGHT INFRINGEMENT
UGroupMedia intends to ensure that the PNP Services do not infringe the copyright, trademark right or other intellectual property rights of our users or third parties. If your intellectual property rights, right to privacy or other rights have been infringed or violated by another user of the PNP Services, please notify us by using this form: http://www.portablenorthpole.com/support. Notifications of copyright infringement must contain the following: (i) a detailed description of such claimed copyright infringement or other violation; (ii) reference to the unique URL of the content at issue (in order to enable us to identify the content to be removed); and (iii) information properly identifying the person(s) who submitted the form (to ensure that the reporting parties are either the entitled parties or their officially authorized representatives). Alternatively, upon accessing certain content, you may be provided with a “Report Abuse” button, in which case you may use this button to send an email to UGroupMedia, if you consider the content at issue inappropriate, and upon receipt of such email, we will make reasonable efforts to promptly remove the content at issue. We may provide you with notice that we have removed or disabled access to certain material; such notice will be sent to the email address associated with the account of the user who reported the infringement. If you receive such a notice, you may provide counter-notification in writing that includes the following: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (iv) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the PNP Services may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. We will review and address all notices that comply with the requirements above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
LAWS GOVERNING WARRANTIES AND LIABILITY
This document was last updated on November 7, 2013.
WHAT INFORMATION WE COLLECT FROM YOU
We receive and store any information you enter on our website or give us in any other way. This includes personal information that can identify you or the recipient of the Content you want to create, including name (real or fictitious (for the recipient)), email address (for transmitting the Content), postal code, photo(s), age, gender, commendable behavior (e.g., “eats vegetables”), gift preferences, country and state. If you decide to purchase Content created by using the PNP Services, we will also receive and temporarily store your first and last name, telephone number, address, credit card information (if paying by credit card) or bank account information (if paying via electronic funds transfer or other services), and your email address, user name and password (PIN). Other information we collect includes:
Information about Others. You will have the opportunity to provide information about other people through the PNP Services. You must obtain the consent of any such individuals prior to providing UGroupMedia with their personal information.
Information from Other Sources. We also may periodically obtain both personal information (such as contact information) and non-personal information (such as demographic information) about you from affiliated entities, business partners and other independent third-party sources and add it to other information about you..
Automatically Collected Information. In order to help us understand your interests and customize your user experience, we automatically collect some information about your computer when you visit or use the PNP Services. For example, we will collect session data, including your IP address, web browser software, and referring website. We also may collect information about your online activity, such as content viewed and pages visited.
COOKIES AND OTHER WEB TECHNOLOGIES
DISPLAY OF ADVERTISING: YOUR CHOICES
HOW WE USE YOUR INFORMATION
WITH WHOM WE SHARE YOUR INFORMATION
COLLECTION AND USE OF YOUR INFORMATION: YOUR CHOICES
You can choose not to provide us with any information; however, if you do so, you may not be able to take advantage of certain features of the PNP Services. If you make certain transactions (such as creating an account or purchasing PNP products or services), we reserve the right to send you communications, including service announcements, administrative messages, and surveys relating to your account, without offering you the opportunity to opt out of receiving them. We may also send you email messages that contain useful information about gifts and special offers available through the PNP Services. Please note that you will have the opportunity to unsubscribe from future promotional messages by clicking the appropriate link in any such promotional email.
HOW WE PROTECT YOUR INFORMATION
Security Procedures. We are committed to protecting the information we collect. Accordingly, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us.
Children's privacy (COPPA). We are 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. We do not knowingly collect information from children under the age of fourteen (14), and children under the age of 14 are not permitted to create Content using the PNP Services.
Data Retention. We reserve the right to retain certain information (including photographs) associated with your account in our archives for analytical purposes, recordkeeping integrity, and to facilitate subsequent purchases, birthday video delivery and re-download of purchased Content. We shall however delete and destroy any information which we cannot legally reuse after twenty-six (26) months from the date such information is provided to us.
California Privacy Rights. California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using this form: http://www.portablenorthpole.com/support.
PORTABLE NORTH POLE (PNP) END USER LICENSE AGREEMENT AND TERMS OF SALE
Last Updated: November 7, 2013
Conditions of Sale; Account. In order to purchase PNP products and services (including Content), you must create an account, using your email address as a username; we will send you a password, which you will be able to modify later. Alternatively, you may use FaceBook Connect to create an account. You understand and agree that you must be fourteen (14) years of age or older in order to create an account and purchase Content. You agree to comply with any and all instructions and general notices to licensees which are broadcasted on the PNP website, or which UGroupMedia may send to you in email, or otherwise bring to your attention from time to time.
Sale of Digital Content. When you purchase Content from us, we will bill you on an order-by-order basis, i.e., we will charge the purchase amount to your specified credit card or PayPal when you click submit on the order or download page. You understand that the sale of the Content is a final, non-cancellable and non-refundable sale, effective the moment you click on the “confirm payment” button, except as expressly otherwise provided in these Terms of Sale or as otherwise determined by us in our sole discretion. By submitting an order, you authorize UGroupMedia, or its designated payment processor, to automatically charge the purchase amount, to the credit card or PayPal account you specified. No purchase will become effective unless and until your payment has been accepted and processed. All payments made from IP addresses within the United States will be made in United States dollars. UGroupMedia reserves the right to report, investigate and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized or otherwise unlawful use of any credit card or PayPal by any person on or through the PNP Websites.
Sale of Physical Goods. All physical goods (e.g., books, puzzles and letters from Santa) purchased on or through the PNP Websites will be shipped FOB Shipping Point. Title to such goods passes from UGroupMedia or our supplier to you upon shipment. Subject to the following return and exchange policies, all purchases of physical goods on or through the PNP Websites are final, non-cancelable and non-refundable. If you are unsatisfied with a physical good, you may return the following items within thirty (30) days of delivery for exchange or refund of the purchase price actually paid by you, excluding any shipping costs, and subject to the terms and conditions set forth below: (i) new, unopened items in their original containers or packaging; and (ii) defective or damaged items. However, we DO NOT accept returns of the following: (i) items returned more than 30 days after delivery; (ii) items that have been opened, unless it is a damaged or defective item; (iii) items that have obvious signs of use; or (iv) damaged items where damage occurred after your receipt of the item or during the return shipping. You will be responsible for paying the return shipping costs unless the return is being made due to an order error on our part. The merchandise must be returned in its original packaging within 30 days of the receipt of the purchase. Merchandise that was received damaged may also be returned within 30 days. The physical goods will be offered in most countries of the world (a list of eligible countries may be found on the PNP website) in English and French languages only
Configuration of Software. You understand that, at the time of purchase, we will send you an email confirming your purchase and you will have access from your PNP account in the appropriate sections. You understand and agree that you are responsible for ensuring that your email and internet security software will allow you to receive emails from us, and for ensuring that a video player is installed and in good functioning order on your computer, in order for you to be able to view the Content properly. You acknowledge and agree that, upon making the Content available to you for download, we will have fully satisfied our obligation to deliver or otherwise provide the Content, regardless of your failure or inability to view, play, use or store the Content.
Downloading Content. We will send you an email containing a link enabling you to download the Content from your PNP account. You understand that you must download the Content from in your PNP account. You may not supply others with this link. In all cases, you will have twenty (20) days from the date we send you the email containing the link to download the Content. If you are unsuccessful at downloading the Content on your first attempt, you are entitled to a total of up to five (5) attempts. After twenty (20) days or five (5) attempts, whichever comes first, the Content will no longer be available for download, and no refund will be granted. If you pre-order a premium video featuring additional video sequences personalized using information you provide, we will send you and/or the recipient an email in mid-November containing a link to personalize your premium video Content in your PNP account. If you pre-order an interactive letter including augmented reality, facial recognition and a premium video, we will send you and/or the recipient an email in mid-November containing the link to personalize the video Content.
INTELLECTUAL PROPERTY PROTECTION
Scope of License; Ownership Rights. At the time of purchase, UGroupMedia hereby grants to you a personal and perpetual nonexclusive, revocable, limited, nontransferable and non-sublicensable license and right to use and store one (1) copy of the Content created for you by UGroupMedia, in the format provided (e.g., MP3, MP4, etc.), for the purposes of your home viewing as well as for non-commercial public viewing, on a maximum of three (3) different devices. You understand and agree that, except for your Submissions (e.g., media provided by you specifically for the creation of the Content), any and all intellectual property rights and title to the Content remain exclusively with UGroupMedia. No right, title, interest or permission concerning the Content created for you by UGroupMedia is transferred or given to you, except for the right of use of the Content as explicitly described in these Terms of Sale.
Use Restrictions. You understand that you are not permitted to reproduce, distribute for commercial purposes, resell, lease, sublicense, rent, trade, or otherwise use the Content in any manner other than as expressly authorized by UGroupMedia. You also understand that you are not permitted to modify, adapt, decode, reverse engineer, decompile or create derivative works based on the Content without our prior written consent. You understand and acknowledge that you are not permitted to use the Content to aid in the conception or development of any computer software program, component or code substantially similar to those of the PNP Services.
UGroupMedia’s Rights. Except for those Submissions which you provide to us, UGroupMedia warrants that it has the right to grant this license to use the Content and that the elements which it contains are owned by UGroupMedia, as described in this Terms of Sale and the license agreement contained herein.
Viewing or Playing the Content. You understand and agree that it is your responsibility to use equipment and software which will enable you to receive and read the Content file(swe will deliver Content files as follows: (i) videos (including premium videos and birthday videos) will be delivered as MP4 files (not as a DVD). UGroupMedia warrants that video can be viewed in the MP4 format in which it is delivered for a period of twenty (20) days from the date UGroupMedia sends you and/or the recipient the email containing the link to download the Content. Although the MP4 video can be read on several video players, UGroupMedia recommends the use of QuickTime(R) Player for best results. You can download a free version of the QuickTime Player at http://www.apple.com/quicktime/download; (ii) ringtones will be delivered in .m4r and MP3 formats; it is your responsibility to validate which format your cell phone requires; (iii) music files will be delivered in MP3 format; it is your responsibility to validate which format your music device requires; and (iv) interactive letters will be delivered in MP4 format; see requirements above for viewing or playing video Content. It is your responsibility to provide a working webcam (for facial scanning and augmented reality) and a high speed internet connection. Please refer to the FAQ for more information regarding the technical requirements to read the Content files.
Disclaimer of Warranty. Except as expressly specified in these Terms of Sale, UGroupMedia makes no warranties, express or implied, with regards to the Content. UGroupMedia does not represent or warrant that the Content will be compatible with your computer system, or that it will not conflict with other programs, applications, or operating systems. You assume the risk of any computer failure, malfunction, crash, failure, or loss of data resulting from downloading or using the Content, and UGroupMedia shall have no liability therefore. UGROUPMEDIA MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE CONTENT OR ANY DATA INCLUDED THEREIN.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT UGROUPMEDIA’S ONLY LIABILITY IS TO PROMPTLY CORRECT ANY ERROR WHICH PREVENTS THE CONSUMPTION OF THE CONTENT IN THE FORMAT SPECIFIED ABOVE, AND THAT THIS LIABILITY ONLY EXTENDS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE. THE TOTAL LIABILITY OF UGROUPMEDIA FOR DAMAGES IN RELATION WITH ANY CONTRACTUAL OR DELICTUAL CLAIM REGARDING THESE TERMS OF SALE SHALL IN NO EVENT EXCEED THE PRICE ACTUALLY PAID BY YOU FOR THE LICENSE. YOU ALSO AGREE THAT UGROUPMEDIA SHALL HAVE NO LIABILITY FOR LOST PROFITS, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES. YOU ALSO AGREE THAT UGROUPMEDIA SHALL HAVE NO LIABILITY FOR PAYMENTS MADE DIRECTLY TO A SOFTWARE STORE, AND THAT UGROUPMEDIA IS NOT RESPONSIBLE OR LIABLE FOR ANY CREDIT CARD OR BANK-RELATED CHARGES OR OTHER CHARGES OR FEES RELATED TO PURCHASE TRANSACTIONS THROUGH A SOFTWARE STORE (INCLUDING IN-APP PURCHASES). UGROUPMEDIA EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY SUCH TRANSACTIONS, AND YOU AGREE THAT YOUR SOLE REMEDY REGARDING ALL TRANSACTIONS IS FROM OR THROUGH SUCH SOFTWARE STORE.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Taxes. Applicable taxes will be added to the total amount of your purchase. You are otherwise responsible for any and all applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your purchase made on or through the PNP Services. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and UGroupMedia reserves the right to collect or withhold such taxes or fees from you at any time.
No Waiver. The failure by UGroupMedia at any time to enforce any of the provisions of these Terms of Sale or any right or remedy available hereunder, or at law, or in equity, shall not constitute a waiver of such provision, right, remedy or option, or in any way affect the validity of these Terms of Sale.
Indemnity. You agree to indemnify and hold UGroupMedia, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with Submissions, your purchase or use of the Content or of any of the PNP Services, or any violation of these Terms of Sale or of any law or the rights of any third party.
Applicable Laws. These Terms of Sale shall be governed by and construed in accordance with the laws of the state of Delaware, USA, without regard to conflict of laws provisions. Any claim in relation to these Terms of Sale must be filed with a district court in the state of Delaware.
PNP 2013 Children’s Hospital Program. UGroupMedia will donate five percent (5%) of its gross sales from the PNP web store to various children’s hospitals after the 2013 Christmas season. Donation amounts will be calculated from product sale amounts after rebates or discounts (if any). Taxes, shipping, handling and transactions fees will not be included in the calculation of the 5%. Sales on Software Stores, in-app purchases made within mobile applications, our affiliates’ websites, resellers’ websites, Daily Deal packages, advertising and sponsorships are not eligible for inclusion in the PNP Children’s Hospital Program charitable contribution. UGroupMedia will select recipient hospitals either (i) by using your IP address and/or physical address to determine the children’s hospital closest in proximity to you, or (ii) by dividing the 5% of gross sales in a given state and/or country between all participating children hospitals in that state and/or country on a pro-rata basis.
UGroupMedia Inc., all rights reserved 2007-2014.