PORTABLE NORTH POLE (PNP) TERMS OF USE

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PORTABLE NORTH POLE (PNP) TERMS OF USE

Also read our Privacy Policy and Terms of Sale 

Last Updated:November 14th, 2012

Welcome to PNP, the Portable North Pole. This Website allows you to create personalized videos and other digital content and buy personalized PNP products. It is provided solely for your personal enjoyment and that of your friends and family and for no other purposes. The PNP services (collectively, “PNP”) are operated by UGroupMedia, Inc. and its corporate affiliates (collectively, "us", "we", or "UGroupMedia"). The term "you" refers to the user visiting and/or contributing content to any PNP website. For the purposes of these Terms, “PNP Website” includes, without limitation, the following websites: http://www.portablenorthpole.tv; http://www.portablenorthpole.com; http://www.portablenorthpole.ca; http://www.polonordportatile.tv; http://www.portablernordpol.tv; 
http://www.polonorteportatil.tv;  http://www.perenoelportable.tv; http://www.perenoelportable.ca; http://www.perenoelportable.com; http://www.polenordportable.ca  andhttp://www.polenordportable.com.This PNP Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms"). By using any part of PNP, you signify that you have read and understood, and that you agree to be bound to by the Terms, whether or not you are a registered user or have an active subscription. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to these Terms in the appropriate location and indicate the updated date at the top of the webpage. Your continued use of PNP after such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) PNP. It is your responsibility to regularly check to determine if there have been changes to the Terms and to review such changes.

ELIGIBILITY/REGISTRATION INFORMATION AND ACCOUNT SECURITY

As a condition for your use of this Website, you warrant that (i) you are at least thirteen (13) years of age; (ii) you (or your legal guardian) possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with these Terms; (iv) all information supplied by you on this Website is true, accurate, current and complete, and (v) if you have an account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms.

SUBMISSIONS

In these Terms, we use the word "Submissions" to mean text, messages, photographs, images and other information or content that you may upload through PNP to create your personalized Content, including your and/or other persons' personal information. You represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to UGroupMedia pursuant to these Terms, and agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any Submissions are objectionable or otherwise defamatory under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.

We, our licensees and other authorized users shall be entitled to transmit and disclose through PNP all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

In addition, you are fully responsible for the content of your Submissions, and you are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material, or content that you have not been authorized to post or that would violate rights of publicity and/or privacy or any other law or regulation, or any material which may be interpreted as offensive to a child or an adult; (ii) any content that is violent, vulgar, obscene, pornographic or otherwise sexually explicit or otherwise harms any person or entity, is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to, engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, or conspiracy to commit any criminal activity; (iii) any commercial material or content (including, but not limited to, advertising, or marketing of any good or services); (iv) viruses, corrupted data or other harmful, disruptive or destructive files; and (v) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions to this Website. You acknowledge that UGroupMedia may exercise its rights (e.g., rights to use, publish and/or delete) with respect to any Submission without notice to you.

UGroupMedia’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

PNP REGISTRATION

To create personalized Content, the Website requires you to fill the PNP form by entering your email address, the email address of the recipient of the personalized Content and other information necessary to create the Content. 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 PNP.

PROHIBITED ACTIVITIES

The content and information on this Website, 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 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 this Website. Additionally, you agree not to: (i) use this Website or its contents for any commercial purpose; (ii) access, monitor, or copy any content or information of this Website 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 this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (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 this Website for any purpose without our express written permission; or (vi) "frame", "mirror", or otherwise incorporate any part of this Website into any other website without our prior written authorization.

OWNERSHIP RIGHTS/LICENSES

Subject to your compliance with these Terms, UGroupMedia grants you a non-exclusive, non-transferable, revocable limited license to access and use this Website using a web browser or mobile device, solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

Except for Submissions you may upload to our servers while creating your personalized Content, all content accessed through the PNP Website, including applications, designs, graphics, music, pictures, software, sound, text, video, and other content and their layout, are proprietary property of UGroupMedia, its users, or its licensors with all rights reserved. None of this content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form by any means, in whole or in part, without UGroupMedia’s prior written permission, unless the Content is purchased as allowed by the Website, in which case your rights shall be governed by the Terms of Sale. In return, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to transmit to the recipient (or any other person) of the personalized Content and to any Submission that you upload onto the PNP Website. Except for Submissions, you may not upload or republish any of UGroupMedia’s content on any internet, intranet, or extranet site or incorporate the information in any other database or compilation. This license is subject to these Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of PNP other than as specifically authorized herein, without the prior written permission from us, is strictly prohibited and will terminate the license granted herein. Such use may also violate applicable laws, including copyright and trademark laws. You agree and acknowledge that we transfer no ownership interests in (i) PNP or (ii) in the intellectual property of PNP to you under these Terms or otherwise.

LINKS

Some links on this Website may link to other websites. We do not endorse and are not responsible for the content on other websites and cannot be held liable for that content. Such links are provided as a convenience to you, and any other website linked from the PNP Website should be visited at your own risk. Such links are not monitored, checked for accuracy, appropriateness, or completeness by us. Inclusion of a link within the PNP Website does not imply a recommendation or endorsement by us for the linked website. Please refer to the terms of use and privacy policy for each website visited.

TRADEMARKS

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 on the PNP Website are trademarks or registered trademarks of their respective owners.

WARRANTY/LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE ARE PROVIDED TO YOU "AS IS" AND MAY INCLUDE INACCURACIES OR ERRORS. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF PNP IS AT YOUR SOLE RISK.

UGROUPMEDIA DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY INFORMATION, PHOTOGRAPH(S), ETC., DISPLAYED ON THIS WEBSITE OR IN RESULTING CONTENT. UGROUPMEDIA IS NOT RESPONSIBLE FOR ANY CHARGES INCURRED BECAUSE OF THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO BANDWIDTH OVERAGE CHARGES. FURTHERMORE, UGROUPMEDIA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, VIDEO, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY UGROUPMEDIA. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UGROUPMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT BY UGROUPMEDIA AND/OR ITS 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 ON THIS WEBSITE 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 THIS WEBSITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) 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.

If, despite the limitation above, UGroupMedia or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of UGroupMedia and/or its suppliers will in no event exceed, in the aggregate, the greater of (i) the fee, if any, you paid to UGroupMedia in connection with the services available on this Website, or (ii) One Hundred U.S. Dollars (US $100.00) or the equivalent in local currency.

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 UGroupMedia and/or its suppliers.

INDEMNIFICATION

You agree to defend and indemnify UGroupMedia and/or its suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of these Terms or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this Website.

GOVERNING LAW

This Website is operated by a Canadian entity and these Terms are governed by the laws of the Province of Quebec. Additional rules may also apply in your jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts sitting in the Province of Quebec, district of Montreal, for all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. We make no representation that PNP is appropriate or available for use in any particular location. Those who choose to use PNP do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Our performance of these Terms is subject to existing laws and legal process(es), and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or any 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 this Website within two (2) years from the date on which such claim or action arose or accrued or the date such claim or cause of action will be irrevocably waived.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and UGroupMedia with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and UGroupMedia with respect to this Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

ENFORCEMENT OF TERMS

If you fail to fulfill any of your obligations under these Terms, we may terminate your rights granted under these Terms and may pursue all available legal remedies to enforce these Terms. Should legal remedies be used to enforce these Terms, you agree to reimburse us for any and all legal and accommodation expenses arising from the dispute. You agree that our licensors referenced on the PNP Website may enforce these Terms as it relates to their intellectual property.

LAWS GOVERNING WARRANTIES AND LIABILITY

The law(s) of jurisdiction may define the scope of warranty to be provided for services or the manner in which the supplier’s liability may be limited and such law(s) shall govern these Terms only to the extent of a party protected by such law(s) cannot waive the protection by contract. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or allow the exclusion of implied warranties; therefore, some of the limitations and exclusions above may not apply to you, or you may have other rights not explicitly mentioned herein.

CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement must be sent using this form: http://www.portablenorthpole.com/support

The notice of infringement is for the purpose of ensuring that the parties reporting these issues are either the entitled party (or parties) or their officially authorized representative(s). It is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. This information must also enable us to identify the advertisement to be removed.

We may give you notice that we have removed or disabled access to certain material by means of a notice to a user's e-mail address in our records. If you receive such a notice, you may provide counter-notification in writing that includes the following:

Your physical or electronic signature;

• 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;    
• 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
• 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 PNP 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.

PORTABLE NORTH POLE (PNP) PRIVACY POLICY

Below you will find the updated Privacy Policy for the Portable North Pole (hereinafter "PNP"), effective.
PNP is an online service that allows you to create customizable digital content, including without limitation videos, custom ringtones and music (collectively, “Content”) and to share it with others. PNP is an application of UGroupMedia, Inc., a Canadian corporation based in Montreal with its principle place of business at:

 UGroupMedia Inc.
 460 Ste-Catherine Street West, Suite 500,
 Montreal, (Quebec) Canada H3B 1A7
 www.ugroupmedia.com

We understand that providing information online involves a great deal of trust on your part. We take this trust very seriously, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us. However, you understand that the PNP website (the “Website”) and service are designed to allow users to post photographs and information about themselves and others. Accordingly, by submitting any photograph(s) and/or any personal information, you thereby waive any privacy expectations you have with respect to our use of your likeness or personal information provided to us. If you do not wish to have your picture or information about yourself or the intended recipient of the Content viewed by or disclosed to others, do not use the PNP Website and/or our service.

Before submitting your personal information to our Website, please read this Privacy Policy carefully to learn about our privacy practices. By visiting the PNP Website, you are accepting the practices described herein.

• What information we collect from you
• How we use your information
• With whom we share your information
• How you can access your information
• Your choices with respect to the collection and use of your information
• How we protect your information
• Children's privacy
• External links
• Your California privacy rights
• Changes to this Privacy Policy
• How you can contact us

 

What information we collect from you

In General.

We receive and store any information you enter on our Website or give us in any other way. This includes information that can identify you or the recipient of the Content you want to create ("personal information"), 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”), preferences of gift, country and state.

If you decide to purchase Content created by using the PNP Website, 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).

Information about Others.

As per above, you will have the opportunity to provide information about other people through our Website. 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 and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to other information about you. Examples of other information we may receive include contact information and demographic information.

Automatic Information.

We automatically collect some information about your computer when you visit the PNP Website. 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. One of our goals in collecting this automatic information is to help us understand the interests of our users and customize your user experience.

Cookies and Other Web Technologies.

Cookies are small data text files that can be stored on your computer’s hard drive (if your web browser permits). The PNP Website and its affiliated websites use cookies for the following general purposes:

• To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our Website. For example, if you register on our Website, we may use cookies to remember your registration information so you do not need to log into our Website each time you visit. We also may record your password (PIN) in a cookie, if you checked the box entitled "Save this password (PIN) for automatic sign-in." Please note that member IDs, passwords (PIN), and any other account-related data included in such cookies are encrypted for security purposes.
• To help us customize the content, website experience, and advertisements provided to you on our Websites and on other websites across the internet. For example, when you access a web page, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the internet and to present you with information and advertising based on your apparent interests. See the next section ("Display of Advertising/Your Choices”) for more information about our online advertising practices and your choices.
• To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon).

 

The “help” portion of the toolbar on most browsers should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable most types of cookies. Please note that if you refuse to accept cookies, you may not be able to access many of the tools and features offered on our Websites.

Our Websites also may use web beacons (also known as clear gifs, pixel tags or web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a web page. We use web beacons to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Website from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on our Website. This helps us measure the effectiveness of our content and other offerings.

Display of Advertising/Your Choices

Data collected to serve you with relevant advertising

UGroupMedia is committed to providing you with relevant content and information across our Websites. To do this, we may collect information about your related activities and use this information to serve you with ads on our Websites or elsewhere online that match your apparent interests.

We do not share your personal information (such as email addresses) with unaffiliated third parties so they can serve you with advertisements, unless you specifically allow us to do so by opting in (answering “Yes” or checking the box next to the appropriate statement in the appropriate screen). Data collected by business partners and ad networks to serve you with relevant advertising.

Although many of the advertisements you see on the PNP Website are served by UGroupMedia or its service providers, we also allow third parties to collect information about your online activities through cookies and other technologies. These third parties include (i) business partners who collect information when you view or interact with one of their advertisements on our Websites, and (ii) advertising networks who collect information about your interests when you view or interact with one of the advertisements they place on many different websites on the internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our Websites and across the internet tailored to your apparent interests.

Please note that we do not have access to or control over cookies or other technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. Some of these companies are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. To learn more, please click here: http://networkadvertising.org/

How we use your information

UGroupMedia uses the information we collect about you for the following general purposes: for registration and to manage your account, including to facilitate your access to and use of our site; to communicate with you in general, including to provide information about PNP and invitations from the PNP community; to enable us to publish your reviews, forum posts, and other content to the PNP community (if applicable); to respond to your questions and comments; to measure interest in and improve our products, services, and Website; to notify you about special offers and products or services available from us or our partners that may be of interest to you; to otherwise customize your experience with PNP; to solicit information from you, including through surveys; to resolve disputes or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.

Please review "Your choices with respect to the collection and use of your information" below.

With whom we share your information

UGroupMedia may share your information with the following entities:

• Third-party vendors who provide services or functions on our behalf, including business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. If you purchase additional digital and/or physical products, we may share your information with third-party vendors who manage the production and distribution of those products. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our Website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. 

• Business partners with whom we may offer products or services in conjunction. You can tell when a third party is involved in a product or service you have requested because their name will appear either with ours or separately. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. We will use reasonable efforts to ensure that your personal information is used in a manner that is consistent with this Policy, however, please note that we do not control the privacy practices of these third-party business partners.

• Affiliated websites. If you were referred to the PNP Website from another website, we may share your registration information, such as your name, email address, mailing address, telephone number and preferences about you with that referring website. We have not placed limitations on the referring websites’ use of personal information and we encourage you to review the privacy policies of any website that referred you to the PNP Website.

 

We also may share your information:

• In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
• When we believe it is necessary to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of PNP, our customers, or others; and in connection with our Terms of Use and other agreements.
• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

 

Other than as set forth above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our Website receives or the most popular gifts or preferences. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

How you can access your information

Please also note that we may 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.

Your choices with respect to the collection and use of your information

• As discussed above, you can choose not to provide us with any information, although it may be needed to take advantage of certain features offered on the PNP Website.
• You also will be given the opportunity to unsubscribe from promotional messages in any such email we send.
• Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating to your PNP account, without offering you the opportunity to opt out of receiving them.    
• Email Communications. UGroupMedia wants to make it easy for you to take advantage of relevant opportunities on our Website. One way we do this is by sending you email messages that contain information specific to the activities surrounding our Content creation service. We believe these email messages will provide you with useful information about gifts and special offers available through our Websites. Please note that you will have the opportunity to choose not to receive these email messages in any such email we send.

How we protect your information

We want you to feel confident about using PNP, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

Children's privacy (COPPA)

PNP 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. PNP does not knowingly collect information from children under the age of 13, and children under the age of 13 are not permitted to create Content on the PNP website.

External links

If any part of the PNP Website links you to other websites, those external websites do not operate under this Privacy Policy. We recommend that you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

Your 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.

Changes to this Privacy Policy

UGroupMedia may update this Privacy Policy in the future. We will notify our members about material changes to this Privacy Policy by either sending a notice to the e-mail address you provided to us or by placing a prominent notice on our Website.

How you can contact us

If you have questions about this Privacy Policy, please contact us at:

UGroupMedia, Inc.
 460 Ste-Catherine Street West, Suite 500,
 Montreal, (Quebec) Canada H3B 1A7
 www.ugroupmedia.com

This document was last updated on November 14th, 2012.

 

IF YOU WISH TO PURCHASE A COPY OF THE PNP VIDEO OR OTHER PNP CONTENT, THE FOLLOWING CONDITIONS SHALL APPLY.

PORTABLE NORTH POLE (PNP) END USER LICENSE AGREEMENT AND TERMS OF SALE

Last Updated: November 14th, 2012

This End User License Agreement and associated Terms of Sale ("Terms of Sale") govern your purchase of products and services (including, without limitation, videos (including premium videos), custom ringtones, music, mobile applications,  interactive letters and telephone calls from Santa, other pay-per-download digital material (collectively, “Content”) and/or physical goods (e.g., books, puzzles, letters from Santa, etc.) on or through any of the websites owned, controlled, operated or hosted by UGroupMedia and/or its corporate affiliates (collectively "us", "we" or "UGroupMedia"). By purchasing a product or service on or through any of the UGroupMedia websites (hereinafter, the “PNP Website(s)”), you affirmatively acknowledge that you have read and understand these Terms of Sale, and agree to be bound by them as in effect at the time of your purchase. You agree to be also bound by the PNP Terms of Use and Privacy Policy, all of which are incorporated herein by reference. All capitalized terms used herein that are not otherwise defined in these Terms of Sale shall be as defined in the PNP Terms of Use.

These Terms of Sale are subject to change by UGroupMedia from time to time. In the event of such changes, we will post the changes on the PNP Websites. Changes to these Terms of Sale shall apply to any purchases made after such notice and consent. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on or through the PNP Websites.

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1.  TERMS

1.1            Instructions. 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.

1.2           Configuration of Your Software. You understand that, at the time of purchase, UGroupMedia will send you an email confirming your purchase, and for downloadable Content only, a second email containing the link which will enable you to download the Content. You understand and agree that you are responsible for ensuring that your email and internet security software will allow you to receive these emails from PNP. You understand and agree that you are responsible 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, PNP will have fully satisfied its obligation to deliver or otherwise provide the Content, regardless of your failure or inability to view, play, use or store the Content.

1.3           Conditions of Sale. You understand that, in order to purchase the Content, you must be thirteen (13) years of age or older.

1.4           Final Sale/Transaction.

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 PNP Content is a final, non-cancellable and non-refundable sale, effective the moment that PNP sends you the email confirming your purchase except as expressly otherwise provided in these Terms of Sale or as otherwise determined by UGroupMedia in its 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.

Physical Goods. All physical goods 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 worldwide in English and French languages only

Mobile Applications. Subject to the rest of these Terms, the purchase price of the mobile PNP application includes fifteen (15) PNP video creations and three  (3) calls from Santa (Calls from Santa are pre-recorded calls) some phone numbers and some countries (check list of countries available here )will not be available for Santa’s call  and an opportunity to purchase additional videos and/or calls.

1.5           Downloading Content. PNP will send you an email containing a link enabling you to download the Content. You understand that you must download the Content by using this link. You may not supply others with this link. In all cases, you will have twenty (20) days from the date PNP sends 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 ten (10) attempts. After twenty (20) days or ten (10) attempts, whichever comes first, the Content will no longer be available for download, and no refund will be granted.

Premium Video. If you pre-order a premium video featuring additional video sequences personalized using information you provide (“Premium Video”), PNP will send you and/or the recipient an email in mid-November containing a link to download the Premium Video Content.

Interactive letter. If you pre-order an interactive letter including augmented reality, facial recognition and a Premium Video (“Interactive Letter”), PNP will send you and/or the recipient an email in mid-November containing the link to download and watch the Interactive Letter Content.

2.             INTELLECTUAL PROPERTY PROTECTION

2.1           Scope of License; Ownership rights. At the time of purchase, UGroupMedia hereby grants to you (hereinafter "You" or "Licensee") a personal and perpetual license and right to use and store one (1) copy of the Content created for you by PNP, in the format provided (e.g., .mp3, .mp4, etc.), for the purposes of your home viewing as well as for non-commercial public viewing (hereinafter the "License").You understand and agree that, except for 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 PNP is transferred or given to you, except for the right of use the Content explicitly described in these Terms of Sale.

2.2          No competition. You understand and acknowledge that you are not permitted to use the Content to help in the development or the conception of an IT program, software or code which is intended to offer substantially similar features to those of PNP.

2.3          Use Restrictions. You understand that you are not permitted to reproduce, distribute for commercial purposes, resell, lease, rent 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, reverse engineer, decompile or create derivative works based on the Content without the prior written consent of UGroupMedia.

3.             LIMITED WARRANTY

3.1           UGroupMedia’s Rights. Except for those elements 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 license agreement.

3.2          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(s). Please refer to the FAQ regarding the technical requirements to read the file.

Video: UGroupMedia will deliver videos (including Premium Videos and Birthday Videos) as an MP4 file (not 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 PNP 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 .
Ringtones: UGroupMedia will deliver ringtones in .m4r and MP3 formats. It is your responsibility to validate which format your cell phone requires.

Music: UGroupMedia will deliver music files in MP3 format. It is your responsibility to validate which format your music device requires.

Interactive Letter: UGroupMedia will deliver Interactive Letter videos 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.

3.3          Disclaimer of Warranty. Except as expressly specified in this License Agreement and 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.

4.             TERMINATION AND DEFAULT

If you fail to comply with any of your obligations as described in this License Agreement and Terms of Sale or the Terms of Use published on the UGroupMedia Website, your license and right to use the Content shall be automatically terminated, without notice.

5.             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 THIS LICENSE AGREEMENT SHALL IN NO EVENT EXCEED THE PRICE ACTUALLY PAID BY THE LICENSEE FOR THE LICENSE. YOU ALSO AGREE THAT UGROUPMEDIA SHALL HAVE NO LIABILITY FOR LOST PROFITS, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES. 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.

6.             GENERAL

6.1           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 UGroupMedia Websites. 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.

6.2          No waiver. The failure by UGroupMedia at any time to enforce any of the provisions of this License Agreement and 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 this License Agreement and Terms of Sale.

6.3          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 your purchase or use of the PNP Content or of any products or services offered on any of the UGroupMedia Websites, or any violation of this License Agreement and Terms of Sale or of any law or the rights of any third party.

6.4          Applicable laws. This License Agreement and Terms of Sale is governed by the laws applicable in the state of Washington, USA. Any claim in relation to this License Agreement and Terms of Sale must be filed with a competent tribunal in the district of Montreal, Quebec, Canada.

6.5.          Portable North Pole’s 2012  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 2012 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 of mobile applications, Daily Deal package, advertising and sponsorships are not eligible for inclusion in the PNP Children Hospital Program charitable contribution. UGroupMedia will choose the recipient hospitals by either (i) using your IP address and/or physical address to determine the closest hospital to remit the funds, or (ii) UGroupMedia will split the  5% of the gross sales between all participating children hospital.

UGroupMedia Inc., all rights reserved 2007-2012.