These terms govern your use of the Santa Wait website, check-in pages and virtual waitlist (together, the "Service"), provided by Brainiac Digital LLC ("we", "us"). By using the Service you agree to them. If you don't agree, please don't use it.
What Santa Wait is
Santa Wait lets venues that host Santa visits run a virtual line. Families are added to a line, can follow their place on a web page, and receive text messages. Santa Wait is a scheduling tool. The Santa visit itself, including its availability, price, hours and what happens at the station, is provided by the venue, not by us.
Families and visitors
- You must be an adult (18 or older) to join a line or give us a mobile number, and you must be the parent or legal guardian of the children you list, or have their parent's permission.
- Give accurate information and use only a mobile number that belongs to you or that its owner has said you may use.
- Wait times and "average wait" figures are estimates. Your place in line can change when families join, leave, are called or are skipped, and a line can pause or close. We don't promise a time or that you'll see Santa.
- A family that doesn't arrive after being called may be skipped or removed from the line, as the venue decides.
- Texts are covered by our text messaging terms. How we handle your information is covered by our privacy policy.
Venues, administrators and helpers
If you use Santa Wait to run a line for a venue or customer:
- You confirm you have authority to bind the venue to these terms and to act for it.
- Keep PINs and passwords private. You are responsible for what is done with your accounts, and for removing staff who shouldn't have access.
- Only add a family to a line after they've agreed to receive texts, and record that agreement honestly. Don't add a number without the owner's permission.
- Use family information only to run the line. Don't copy, export or keep it, and don't use it to contact families for any other purpose.
- You are responsible for your own lawful operation of the Santa experience, including staffing, safety, child-safety practices, pricing and what you tell families.
- Fees, if any, and the term of your service are set out in a separate agreement or order with us.
Acceptable use
Don't use the Service to:
- break the law or anyone's rights, or send unwanted or harassing messages;
- enter a phone number you aren't allowed to use, or submit false information;
- send promotional or marketing content, or anything other than messages about a family's place in line;
- probe, attack, overload or get around the security, sign-in limits or bot checks of the Service;
- guess PINs or passwords, or use another person's account;
- scrape, copy or resell the Service.
We may limit, suspend or end access, and remove people from a line, if we reasonably think these rules are being broken or to protect the Service or its users.
Our property
The Santa Wait name, logo, design, software and content belong to Brainiac Digital LLC or its licensors and are protected by law. We give you a limited, non-exclusive, non-transferable right to use the Service for its intended purpose. You keep ownership of the information you enter and give us permission to process it to run the Service as described in our privacy policy.
Third-party services
The Service relies on providers such as a messaging carrier network and hosting. We aren't responsible for delays or failures in networks or services we don't control, including a text arriving late or not at all.
Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise that the Service will be uninterrupted, error-free or that texts will be delivered.
Limitation of liability
To the fullest extent the law allows, Brainiac Digital LLC and its owners, employees and contractors are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost sales or missed Santa visits, arising from the Service. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us for the Service in the three months before the claim, or $100. Some places don't allow these limits, so they may not apply to you in full.
Indemnity
If you are a venue or other business user, you'll cover losses and reasonable costs we incur from a third-party claim caused by your breach of these terms, your operation of a Santa line, or texts sent to a family without their agreement.
Ending access
You can stop using the Service at any time. We can suspend or end the Service, or your access to it, at any time, for example for breach of these terms. Sections that by their nature should survive (such as ownership, disclaimers, liability limits and governing law) will survive.
Governing law and disputes
These terms are governed by the laws of the state in which Brainiac Digital LLC is organized, without regard to conflict-of-law rules. Any dispute will be brought in the state or federal courts located there, and you and we consent to their jurisdiction.
Changes to these terms
We may update these terms. We'll change the date at the top, and a change takes effect when it's posted. Using the Service after that means you accept the new terms.
Contact us
Brainiac Digital LLCEmail: [email protected]