"USER'S AGREEMENT OF TERMS AND CONDITIONS" By browsing and using this Site you are agreeing to these User's Agreement of Terms and Conditions. Please exit this Site if you do not accept these terms and conditions. Use of Materials. This site is owned and operated by Microtechnologies. No material from MallSanta.com or any website owned, operated, licensed or controlled by Microtechnologies may be copied, reproduced, republished, licensed or controlled by Microtechnologies may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without Microtechnologies's prior written permission, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Microtechnologies's copyright and other proprietary rights. Copyrights, Trademarks and Other Proprietary Rights. The contents of this Site, such as trademarks, designs, text, images, audio and video materials, are the trademarks, service marks, copyrights or other intellectual property of Microtechnologies unless otherwise noted. Microtechnologies's Proprietary Rights are protected under the laws of the United States of America and foreign countries and under international treaties. You agree to not remove or alter any copyright and other proprietary notices on any material in this Site. No Warranties: Limitation of Liability. THIS SITE AND THE CONTENT HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR MERCHANTABILITY, THE WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. MICROTECHNOLOGIES AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND SERVICE ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR EFFECTS. IF USE OF THIS SITE OR ITS CONTENT RESULTS IN THE NEED FOR REPLACING OR SERVICING YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, MICROTECHNOLOGIES AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THESE COSTS. Disclaimer of Consequential Damages. IN NO EVENT SHALL MICROTECHNOLOGIES, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE AND ITS MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MICROTECHNOLOGIES OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Links to Other Sites. Microtechnologies, whether or not affiliated with sites which may be linked to this site do not endorse the contents on such third party Web sites except as provided for herein, has not reviewed all material linked to the Site and are not responsible for the content of any such material. Your linking to any other sites is at your own risk. Indemnify. You agree to defend, indemnify, and hold harmless Microtechnologies its affiliates, officers and directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any material on this Site, or your breach of the terms of this agreement. If such a claim, suit or proceedings arises, Microtechnologies shall promptly notify you and shall assist you, at your expense, in defending any such claim, suit or proceeding. Communications with this Site. Any communication or material you transmit to the Site by e-mail or otherwise, shall be treated as, non-confidential and non-proprietary. By posting communications to this Site, you automatically grant Microtechnologies a royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. Furthermore, Microtechnologies and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. The web server for this Site collects and saves only the default information customarily logged by the server, namely, the name of the domain from which you access the Internet; the date and time you access this Site; the Internet address of the web site from which you linked directly to this Site. This information is used to measure the number of visitors to the different sections of this Site and to help us make this Site more useful to the users. You agree not to post or transmit any unlawful, libelous, defamatory, obscene, scandalous, pornographic, or profane material or any material that could constitute or encourage conduct that would violate any law. Microtechnologies and its affiliates will fully cooperate with any law enforcement authorities or court order requesting or directing Microtechnologies and its affiliates to disclose the identity of or help identify or locate anyone posting any such information or materials. Microtechnologies or its affiliates do not screen communications in advance and are not responsible for screening or monitoring material that the users post. If notified, Microtechnologies or its affiliates may investigate an allegation that a communication does not conform with this agreement and determine whether to have the communication removed. However, Microtechnologies or its affiliates are under no obligation to do so and assumes no responsibility or liability arising from the content of any such communication nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such communications with the Site. Microtechnologies and its affiliates assume no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site. Jurisdictional Issues. Unless otherwise specified, the materials in Microtechnologies web sites are presented solely for the purpose of entertainment and promoting specific products. This site is controlled and operated by Microtechnologies from its offices within the State of New Jersey, United States of America. Microtechnologies makes no representation that materials in Microtechnologies Web Sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Microtechnologies bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Camden County, New Jersey, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Microtechnologies. MICROTECHNOLOGIES' PRIVACY STATEMENT We are committed to protecting your privacy online. Please read the following Privacy Statement, which discloses our information gathering and dissemination practices for the www.MallSanta.com website. Collection and Use of Personal Information We do not collect any personal information about you unless you voluntarily submit such information to us. We may request information from you (such as your name, address and credit card information) if you choose to purchase merchandise from us. This contact information will be used to send you the merchandise you requested. If you do not want us to use your personal information for this purpose, please send us an e-mail to the following address: webmaster@MallSanta.com. Security of Personal Information We use industry-standard methods to protect your personal information from unauthorized access. These methods include technologies and processes such as encryption, access control procedures, network firewalls and physical security. Disclosure of Personal Information We will not sell, rent, trade or otherwise disclose your personal information to third parties unless we have your express consent. Modification/Removal of Personal Information If you do not want us to collect any personal information from you, please do not submit such information to us. If you have already submitted personal information and would like to modify that information or would like us to remove it from our records, please contact us at webmaster@MallSanta.com. Information Collected Automatically Please note that our website may collect some non-personal information automatically. This information includes "cookies," which are pieces of information created for record-keeping purposes. Cookies tell us how and when pages in our website our visited, and by how many people. Cookies also help us to customize delivery of our website content and advertisements. These cookies do not collect personal information and we do not combine information collected through cookies with other personal information about users of our website. Access Restriction This site is controlled and operated by Microtechnologies, P.O. Box 349, Maple Shade, NJ 08052. The Phone number is (609) 332-5839. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by Microtechnologies or by other parties that have licensed their material to Microtechnologies ("Copyrights"). Material from MallSanta.com or any web site owned, operated, licensed or controlled by Microtechnologies ("Microtechnologies's Web Sites") may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other web site or networked computer environment is prohibited. Amendments We may make changes to this statement from time to time. We will post changes to our privacy statement here, so please check back periodically. Contacting Us If you have any questions or comments about this Privacy Statement, please contact us at Microtechnologies, P.O. Box 349, Maple Shade, NJ 08052. Attention: webmaster@MallSanta.com. HOME