Ovation for Christmas Homepage Christmas Movies Christmas TV Episodes & Christmas TV Specials Christmas Gifts Christmas Music Christmas Caroling Christmas Traditions Christmas Apps
Christmas Events Christmas Decorations Christmas Trees Christmas Lights Christmas Recipes Christmas Stories Christmas Ideas Christmas Articles Christmas Blog

Terms of Use

Agreement

Welcome to the Ovation Designations, LLC Family of Websites. Please read these terms of use thoroughly and carefully before using any of the Ovation Designations, LLC Family of Websites. By using or accessing this website or any website of Ovation Designations, LLC including, but not limited to, OvationforChristmas.com, you acknowledge and agree to the terms and conditions of use explained below. If you do not agree to these terms of use, you may not use any of the Ovation Designations, LLC Family of Websites. It is your responsibility to review these Terms of Use periodically for updates or changes.

Ownership

For purposes of these Terms of Use, "The Ovation Designations, LLC Family of Websites" refers to Ovation Designations, LLC, its entities or brands, singly or together, including, but not limited to, Ovation for Christmas, the .com websites which represent our entities or brands, and any and all individuals who provide content for any of the company's websites or promotional materials. It is referred to in this Terms of Use as "the Company", "we", "us", and "our." In these Terms of Use, the words "you" and "your" refer to each customer or website visitor. OvationforChristmas.com is the website of Ovation for Christmas, an entity of and brand name of Ovation Designations, LLC and is owned and operated by Ovation Designations, LLC.

With regard to our original content, all copy, writing, articles, images, reviews, insights, ideas, recipes, stories, layouts, materials, submissions, and all other content contained on our websites are our copyrighted property, including any user generated content. The way our sites appear aesthetically as well as all brand names, trade names, trademarks, service marks, and trade dress are proprietary to us. We may change our websites or anything on our websites or delete any content or features from our sites at any time, in any way, for any reason or no reason without notice.

Privacy Policy

Ovation for Christmas respects your privacy. Please see our Privacy Policy for information regarding the collection and use of personal information from this website. Ovation for Christmas' Privacy Policy is expressly incorporated into this Agreement by reference.

Trademarks and Copyrights

Except as otherwise noted, the Company is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America. Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of the Company or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners.

Registering Similar Domain Names

Any attempts to register the same or similar sounding names as websites also violates the Anti-Cybersquatting Consumer Protection Act, enacted into law on November, 1999, and codified in Section 43 (d) of the federal Trademark Act, 15 U.S.C. § 1125 (d). This legislation makes explicit what has been implicit in the federal Trademark Act: it expressly prohibits the registration of a domain name confusingly similar to or dilative of a mark. Specifically, this law makes the bad faith misappropriation of trademarks as domain names illegal. Relief and compensation available under this law may include forfeiture of an infringer's domain name, transfer of that name to the rightful trademark owner, and awards of actual damages, statutory damages of up to $100,000 USD per domain name, costs and attorneys fees. Ovation Designations, LLC will actively defend its rights against anyone attempting to use the marks "OvationforChristmas.com," or any mark or name confusingly similar thereto, whether as a domain name, company name, trademark or otherwise.

Allowances

We allow other websites to link to our original content on our sites, but we do not permit those websites to include our content on their own websites. We permit third party sites to very briefly describe what their users will find by clicking a link to our site or an article on our site, but must put that description in their own words and must link to us. We will not permit any site to duplicate any portion of our content without our expressed written consent.

Unless we specifically agree to it in writing, no content from any of our websites may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Ovation Designations, LLC family of websites. Where one of our websites is configured to enable the download of a particular and specified content, you may download one copy of such content to a single computer for your personal, noncommercial home use only, provided that you keep intact all copyright and other proprietary notices, make no modifications to the content, and do not use the content in a manner that suggests an association with any of our products, services or brands. Any "re-mailing," high-volume or automated use, or business use of our sites is prohibited.

If we offer downloads of software or files on any of our sites and you download such software or files, the software or files, including any files, images incorporated in or generated by the software or files, and data accompanying the software or files are licensed to you by us for your personal, noncommercial home use only. We do not transfer title of the software or any files or images to you. You may not distribute or otherwise exploit the software or files or decompile, reverse engineer, disassemble or otherwise reduce the software to a human-readable form.

No Representations or Warranties:

Ovation for Christmas makes no representations or warranties that this website is free of viruses, defects, or other harmful components. We are not be responsible for any damages or loss that may result from the infiltration of this website or the Company's computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold the Company harmless from, and you agree not to sue us for, any claims based on the use of this website, including claims for lost data, lost profits, or work delays resulting from the use of materials or contents on this website.

The pages on this website may contain outdated information, technical inaccuracies, and typographical errors. The use of this site is solely at your own risk. The site is provided on an "as is" and "as available" basis. The Company does not make any warranty of any kind, whether express or implied, including but not limited to any warranty of fitness for a particular purpose or merchantability, nor does it in any way guarantee the quality, content, or legality of information, content, goods or services that are received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected.

Intention and Expertise

The content on our websites is intended for educational and entertainment purposes only on topics that pertain to the subject matter of our respective brands and websites. However, we as a company or as individuals representing the company do not claim to be experts on any of the content, news, information, or opinions provided on our websites including, but not limited to, any of the pages or blogs contained within our sites nor do we guarantee the accuracy or validity of that content, news, information, or opinions and cannot be held accountable for it. Furthermore, we as a company or as individuals representing the company do not claim to be experts on the content, news, information, or opinions we post on other third party websites or anywhere else on the Internet, including, but not limited to, our official pages on social networking sites nor do we guarantee the accuracy or validity of that content, news, information or opinions and cannot be held accountable for it.

We as a company or as individuals representing the company also do not claim to be experts on any of the content, information, or opinions provided in any promotional materials provided by the company or by individuals representing the company, including, but not limited to, e-mails, newsletters, advertisements, flyers, or downloadable content nor do we guarantee the accuracy or validity of that content, information or opinions and cannot be held accountable for it. None of our information or content on any of our websites, that we post on third party sites, on any of our promotional material, or on any of the promotional material placed on our site by any third party has been reviewed by any professionals with the ability to validate the accuracy, completeness, or validity of that content. In addition, our information, content, opinions, or advice is not meant to subvert or be used instead of advice from experts or professionals in the respective field the subject matter pertains to such as, but not limited to, interior designers, educational advisors, lawyers, travel agents, or doctors giving professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on any of our sites is strictly at your own risk.

No Substitute for Professional Advice

Our content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, any of our websites, blogs or promotional materials without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.

Third Party Websites

This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Ovation Designations, LLC has no control over the content or policies of third party websites, and we are not responsible for, and under no circumstances shall be liable for, the contents, accuracy, or reliability of any websites hyperlinked to or from this website. You are responsible for complying with all third party rights with respect to all such User Content that appears on the site.

A description or reference to a non-Company product, service or publication on this website, including any description or reference via hyperlink, does not imply endorsement by the Company of that product, service or publication.

Submissions

We use the word "submissions" in these terms of use to mean text, messages, comments, e-mails, concepts, ideas, stories, pitches, suggestions, screenplays, treatments, formats, drawings, paintings, artwork, photographs, videos, musical compositions, lyrics, sound recordings, characterizations, and/or any other content, your name, any other person or persons' names, voices, likenesses, usernames, appearances, actions, performances, and/or any other biographical information or material or other similar materials that you post, submit, upload, display, embed, communicate or otherwise distribute on or through any of the Ovation Designations, LLC Family of Websites.

We not ask for any submissions, if an individual still chooses to make a submission, the individual who makes the submission agrees that there is no implied or created confidential or fiduciary relationship between the individual who makes the submission and us in any way. Furthermore, the individual who makes the submission agrees that he or she has no expectations that we will review the submission, compensate them in any way, or consider the submission in any way. In addition, if an individual decides to make a submission to us anyway, that submission becomes property of Ovation Designations, LLC and we can use it in the future in any way we see fit without having to compensate or recognize the sender in any way.

Ovation Designations, LLC owns any and all information or ideas sent to us or provided by users on any of our websites through comment boxes or others means, whether they be solicited or unsolicited submissions, and reserve the right to use or republish those ideas or information anywhere or in any way we deem appropriate without permission or compensation. By sending us anything or submitting anything to any of our sites, you are agreeing to allow us to use what you have sent to us or submitted on any of our sites as well as agreeing to allow us to use mail and submissions for any additional collateral use, including, but not limited to, a collection of submitted content for publication and sale, solely at our discretion. By doing so, you also waive any and all rights you may have had to the content submitted or sent to us and agree that you will not be compensated for any use of your submissions and you will hold us harmless for any action that results through the publication or collateral use of any content you submit. Any submissions are also subject to editorial changes at our sole discretion. Furthermore, we reserve the right to republish any feedback, recommendations, awards, accolades, or any other recognition we receive from users, customers, other sites, companies, or any other person or organization without prior consent or obligation to provide any reciprocal action or compensation to any individual or organization. We further reserve the right to use any information, ideas, feedback or recognition given to us without having to give credit by name to those individuals or organizations who provided it. However, if we choose at our sole discretion to credit individuals who provide us with feedback or information, we will protect the privacy of those individuals by only using their first name and the first letter of their last name in crediting them. We also may include the city and state or just the state in which they live. If we choose at our sole discretion to credit organizations, companies or websites that provide us with feedback or awards we reserve the right to use the full name or any abbreviation of the name of said organizations, companies or websites.

User Content

The Company does not accept or consider any ideas, suggestions or other materials related to services, products or marketing unless we have specifically requested them. Therefore, do not send us any original creative materials such as product ideas or suggestions. Anything you disclose to us by or through this website (a "Disclosure") including emails to the Company shall be deemed and shall remain the property of the Company. Any such Disclosure is provided on a non-confidential basis and we have no obligation to keep such information secret. The Company is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information. You hereby release the Company from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By providing any Disclosure to the website or the Company, you hereby grant the Company, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all rights in submitted materials have been waived.

At various locations on the site, including but no limited to, comment boxes and blogs, Ovation for Christmas may permit visitors to post reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use. By using the Ovation for Christmas site, you agree that you will not post or distribute any submission that is defamatory, abusive, harassing, threatening, bigoted, hateful, or racially or otherwise offensive, violent, vulgar, obscene, pornographic or otherwise sexually explicit, an invasion of privacy of another person, or otherwise harms or can reasonably be expected to harm any person or entity, is illegal or encourages illegal activity or discusses illegal activities with the intent to commit them including, but not limited to, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, theft, or conspiracy to commit any criminal activity. You also agree not to post or distribute any submission that infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other contractual rights, any confidential information, or another person's personal information of any kind without their express permission. You agree you will not post or distribute any Submission that is commercial, business-related or advertises or offers to sell any products, services or otherwise and/or that solicits others including contributions or donations. You agree that you will not post or distribute any submission that contains a virus or any other harmful component, or otherwise tampers with, impairs or damages the Ovation Designations, LLC Family of Websites or otherwise interferes with any person's enjoyment of the Ovation Designations, LLC Family of Websites or is antisocial, disruptive or destructive, including, but not limited to, "spamming," "trolling," "flaming," "flooding," and "griefing" as those terms are used on the internet. We cannot and do not assure that other users will comply with the foregoing rules of use or any other provisions of these terms of use and you hereby assume all risk or injury resulting from any such lack of compliance.

    Ovation for Christmas is not the author or publisher of the User Content. It is a service for storage and dissemination of the ideas and opinions that Ovation for Christmas members may choose to post and distribute as User Content. Ovation for Christmas does not screen works before they are posted, and no prior approval is required for posting. Ovation for Christmas disclaims all responsibility for them. Ovation for Christmas reserves the right to delete files or stop those processes belonging to a member if the staff of Ovation for Christmas finds that those files or processes pose a threat to the proper technical operation of the system or the security of other members.  Ovation for Christmas cannot make a guarantee of system security. If you have reason to believe that the system security has been breached, contact us at OvationforChristmas@gmail.com.

    Ovation for Christmas has the right, at our sole discretion, to edit, redact or otherwise change any User Content; re-categorize any User Content to place it in a more appropriate location; or pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of the Terms of Use, including but not limited to User Content containing offensive language and advertisements. Ovation for Christmas reserves the right, but disclaims any obligation or responsibility, to refuse to post or remove any submission from Ovation for Christmas that violates these Terms of Use, identify any user to third parties, facilitate compliance with laws or help enforce these terms of use.

    You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Ovation for Christmas service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual property rights (copyright, patent, and trademark), the right to privacy and the right not to be libeled or slandered. If you wish to post a copyrighted work as User Content, you are responsible for obtaining the copyright holder's permission before posting it. You have the right to remove any of your works from User Content at any time. Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings in the User Content, it is your responsibility to obtain permission from the poster and any and all other person with rights in such work.

    If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict if possible. Ovation for Christmas normally will not take a role in mediating conflicts between you and other users. Ovation for Christmas does not take responsibility for your behavior or that of other users.

The use of your Ovation for Christmas user account for posting User Content for any illegal activity under the laws of Pennsylvania and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, you need to consider the possible effect of laws outside Ovation for Christmas' locality or your own residence and Ovation for Christmas cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting(s).

    Ovation for Christmas reserves the right to refuse service to anyone and to cancel user access at any time for any or no reason.

Use of Site

We cannot be held accountable or responsible for any and all damage that loading or viewing any of our sites or downloading or viewing anything from any of our sites may cause to someone's blog, site, computer, mental well-being, or any and all other claims of damage to personal property or well being resulting from viewing, loading or downloading any content from our sites nor can we be held accountable or responsible for any and all damage loading, viewing or downloading from any of the sites we link to or from any of the sites which advertise on our sites may cause to any personal property or well being of the user. Neither the company, Ovation Designations, LLC, nor its entities or brands, including, but not limited to Ovation for Christmas, nor the individual author(s) who provide content and articles for the company shall be liable for any physical, psychological, emotional, financial, or commercial damages, including, but not limited to, special, incidental, consequential or other damages that result from use. You do not have permission to take or download any content from our site unless you are expressly permitted and prompted to download the content in an area of our site. You are responsible for your own choices, actions, and results and cannot hold us accountable or responsible for them. You view our sites or download content from us at your own risk. We intend to do no harm. We do not intend to injure, slander or defame any individual or organization. Our information and content is not to be taken as fact and not to be taken as absolute. If an individual uses our tips, recommendations, techniques, or advice, they do so at their own risk and we are not to be held accountable or responsible for any and all injuries or damages that may result. By viewing this website, you agree to all items mentioned in this disclaimer of these Terms of Use and will not hold us libel for what we have to say. We cannot be held responsible for actions of users who do not follow our Terms of Use.

Advertising

We reserve the right, at our sole discretion, to reject any company, organization or website that wants to advertise with us based solely on our opinion of whether the company, organization or website fits with the theme and/or subject matter of our company, brand, or website or our opinion of whether the actual advertisements submitted are relevant and suitable with our company, brand or website and our sole judgment of whether the aesthetics of the advertisement work with the aesthetics of our site. If we deem the advertisement to not match with the aesthetics or feel of our site we may offer to create an advertisement for one of our sites for the company, organization or website to be used only on the site we decide. While we will not charge if we decide at our sole discretion to create an advertisement for a company, organization or website to be used exclusively on our site to have it match with the aesthetics of our site or to make it suitable and relevant to our site and users, it is understood that that advertisement, including, but not limited to, any and all graphics, layout or copy used in that advertisement that is not provided to us by the company, organization or website we are making that advertisement for is property of Ovation Designations, LLC and may not be used by the company, organization or website we are making those advertisements for on any other website, in any other publications, or in any other promotional materials without the expressed written consent of Ovation Designations, LLC. Ovation Designations, LLC may allow an advertiser to use the advertisements we create for them if a compensation deal or a fee schedule is worked out with Ovation Designations, LLC for our work in creating the advertisement.

    The company, organization or website we create an advertisement for will have final approval before we place the advertisement on our website or in any of our promotional materials or publications to make sure it is in line with the look and message that the company, organization or website wants to convey.

    Our advertising rates may change throughout the year based on varying conditions including, but not limited to, space, availability and demand. We reserve the right to offer different rates to different advertisers based on varying conditions including, but not limited to advertising loyalty, quantity of ads purchased, number of our sites ads are purchased for, and number of months or years an advertiser purchases at one time.

Limits of Liability

Ovation Designations, LLC shall not be liable for your use or reliance on information contained on this site under any circumstances, including negligence. Neither shall Ovation Designations, LLC be liable for any direct, indirect, incidental, special, consequential or exemplary damages or lost profits that result from the distribution or use of, reliance on, or the inability to use the content or materials on this website even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you. In no event shall the Company's total liability to you for all damages, losses and causes of action arising from or related to this website, whether in contract, tort or otherwise, exceed the amount paid by you, if any, for accessing this website.

Under no circumstances, including negligence, shall we, our affiliates, partners, advertisers, representatives, agents, and other authorized users be liable to you or any other person or entity for any direct, indirect, incidental special or consequential damages including, but not limited to, lost profits, personal injury (including death), and property damage of any nature whatsoever, that result from the use of, or the inability to use, any Ovation Designations, LLC websites or the conduct or actions, online or offline, of any user of an Ovation Designations, LLC website or any other person or entity, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to any Ovation Designations, LLC site.

Jurisdiction

The Company manages this website from its offices in the state of Pennsylvania. Unless otherwise stated, materials and content on this website are presented solely for promoting services and products in Pennsylvania and the United States of America. Information published on this website may contain services and products that are not available in your country or region. We make no representation that such information, products or services referenced on this website are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of law. You and the Company irrevocably consent to the exclusive jurisdiction of the courts (state or federal) located in Pennsylvania, and in the county of Philadelphia, in connection with any action arising out of or related to these terms of use or their subject matter. You agree that any cause of action you may have arising out of or related to these terms of use or any of Ovation Designations, LLC websites must commence within one (1) year after the cause of action accrues; otherwise such cause of action shall be permanently barred.

Copyright Infringement

We take copyright infringement very seriously. All original content, names, phrases, images, layouts, etc. are Copyright © 2011 Ovation Designations, LLC. All other copyrights and non-original content and images are credited where applicable and are copyright of their respective owners and used for reviews, informational, and/or educational purposes. In no case does Ovation for Christmas or Ovation Designations, LLC make any explicit or implicit claims to any of these rights. We will never knowingly infringe upon any copyright. However, if for any reason you believe there is content or an image residing on or accessible through one of our websites, blogs, or user-generated areas of our sites that you believe infringes on a copyright, please send a notice of copyright infringement to OvationDesignations@gmail.com with "copyright infringement" in the subject line. Upon receipt of notice and the material claimed to be infringing is located, it will promptly be removed with our sincerest apologies. YouTube videos on our sites are used under the terms of use policy of YouTube. If for any reason there is a copyright issue with one of the YouTube videos on any of our sites please contact YouTube to have it removed from their library of videos.

Affiliations

Ovation Designations, LLC is not affiliated with, maintained by, or in any way officially connected with any other company, studio, record label, college, or organization. Furthermore, we do not provide any coursework, degrees, certificates, or any other educational recognition. Ovation Designations, LLC is comprised of a group of devoted fans on the subject matter that is designated for an ovation and provides opinions, news, content, information, and recommendations for other interested fans many times based on personal experiences.

Severability

If any provision of these terms or use shall be deemed void, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Changes to these Terms of Use

These Terms of Use are subject to change at any time and without notice. In such an event, any revisions will be well publicized on our website with the date the Terms of Use was last updated. Any revisions will be effective immediately upon posting to our site.

Any questions or problems relating to our terms of use should be address to us at OvationforChristmas@gmail.com.

Last Updated: August 31, 2012

Like Ovation for Christmas on Facebook Follow Ovation for Christmas on Twitter
Link to Ovation for Christmas
Ovation for Advertising Ovation for Animation Ovation for Apparel Ovation for Apps Ovation for Architecture Ovation for Art Ovation for Books Ovation for Charity Ovation for College Ovation for Comedy Ovation for Comics Ovation for Entertainment Ovation for Food Ovation for Halloween
Ovation for Home and Garden Ovation for Movies Ovation for Music Ovation for Nostalgia Ovation for Outdoors Ovation for Pets Ovation for Sports Ovation for Stocks Ovation for Survivors Ovation for TV Ovation for Travel Ovation for Toys Ovation for Valentines Day