General Conditions of Use - My-Secret-Santa.org

Last modified on June 30, 2018

1. Object

My-secret-santa is a website platform on available on www.my-secret-santa.org or in the form of a mobile application and intended to (i) connect people wishing to organize a draw.

The purpose of these general conditions of use is to provide a framework for access to and use of the Platform. We invite you to read it carefully.

By clicking on the "Connect with Facebook" or "Register with an email" button, you acknowledge that you have read and accept all of these terms and conditions of use.

2. Definitions

"TOU" means these Terms of Use ;

"Account" means the account that must be created in order to become a Member and access certain services offered by the Platform;

"Participant Space" means the part of the site offering the drawing lots functionalities and accessible to the Participants by secure link;

"Event" means a draw organized technically by the Organizer and bringing together several participants;

"Member" means any individual who has created an Account on the Platform;

"Organiser" means the natural person who will proceed with the creation of the event and its follow-up on the Platform;

"Participant" means the natural person registered to an event, registered by itself or designated by the organizer of an event via their e-mail;

"Platform" has the meaning given to it in Article 1, above;

"Site" means the Internet site accessible at the address www.my-secret-santa.org.

3. Platform Registration and Account Creation

3.1 Conditions for registration to the Platform

The use of the Platform is reserved for individuals aged 18 or over. Any registration on the Platform by a minor is strictly prohibited. By accessing, using or registering on the Platform, you represent and warrant that you are 18 years old or more.

3.2 Creating an Account

The Platform allows Members to create events and track their progress as well as to access the Participant area.

To create your Account, you can:

(i) complete all mandatory fields on the registration form; or

(ii) connect, via our Platform, to your Facebook account. By using such functionality, you understand that My-secret-santa will have access to, publish on that Platform and retain certain information from your Facebook Account. You can remove the link between your Account and your Facebook Account at any time through the "Verifications" section of your profile. If you would like to know more about how your data is used from your Facebook Account, see our Privacy Policy and Facebook's Privacy Policy.

To register on the Platform, you must have read and accepted these TOU and the Privacy Policy.

In case of registration by email, you agree to keep the password chosen when creating your Account secret and not to share it to anyone. In case of loss or disclosure of your password, you undertake to inform My-secret-santa without delay. You are solely responsible for any use of your Account by a third party, unless you have expressly notified My-secret-santa of the loss, fraudulent use by a third party or disclosure of your password to a third party.

You agree not to create or use, under your own identity or that of a third party, Accounts other than the one initially created.

4. Use of the service

The service works as follows:

  • An Organizer initiates an event on the Platform
  • The Organizer may choose to add Participants to the Event (indicating username and email) or share a secure link allowing Participants to register on their own
  • The Organizer validates the launch of the Event
  • Emails containing a secure access link to the Participant Area are sent to each participant
  • Each of the Participants accesses his space and opens his draw, exchanges messages, writes his letter to Santa Claus, etc.

5. Intellectual Property

Subject to the content provided by its Members, My-secret-santa is the sole owner of all intellectual property rights relating to the Service, the Platform, its content (including texts, images, drawings, logos, videos, sounds, data, graphics) and the software and databases ensuring their operation.

My-secret-santa grants you a non-exclusive, personal and non-transferable license to use the Platform and Services, for your personal and private use, on a non-commercial basis and in accordance with the purposes of the Platform and Services.

You may not use or exploit the Platform and Services, and their content, for any other purpose without the prior written permission of My-secret-santa. In particular, you agree not to:

  • (i) reproduce, modify, adapt, distribute, publicly perform, distribute the Platform, the Services and their content, except as expressly permitted by My-secret-santa;
  • (ii) decompile, reverse engineer the Platform or Services, subject to exceptions provided by applicable law;
  • (iii) extract or attempt to extract (including using data extraction robots or other similar data collection tools) a substantial portion of the Platform's data.