Terms and Conditions of Use ACCESS AND USE OF SITE Access to this site and use of the materials herein is restricted to those employees and licensees of Disney Publishing Worldwide ("DPW") to whom DPW has granted valid, express authorization. The authorization to use this site is conditioned upon a fully executed, written agreement ("Licensing Agreement") remaining in effect between DPW and the person or entity which has been granted such authorization. Any use of materials not expressly authorized by the Licensing Agreement is expressly prohibited; access to this site does not itself give you any rights, and your right to access this site does not modify your rights under the License Agreement. For those users with valid, express authorization by DPW (referred to as "Members"), the following terms and conditions apply to the use of this site and are in addition to and incorporated in the Licensing Agreement. By using this site, you signify your assent to these terms of use and their incorporation in the Licensing Agreement. If you do not agree to these terms of use, you are not entitled to use the site. DPW reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes. Except as expressly stated in these terms and conditions of use, the availability and use of this site in no way alters the obligations of the parties as specified in the Licensing Agreement. RESTRICTIONS ON USE OF MATERIALS All pages of this site and its components (including images, audio, video, text) are copyrighted. All information contained within this site is confidential and proprietary information of DPW. Use of the information and materials contained within this site is strictly limited to the use and purpose which are expressly specified in the applicable Licensing Agreement. No material from this site may be downloaded, reproduced, copied, republished, transmitted, modified or distributed in any way, except as expressly set forth in the applicable Licensing Agreement. Use of the materials or information in any manner or for any purpose not set forth in the Licensing Agreement is a violation of DPW's copyright and other proprietary rights. All copyrights, trademarks, service marks, and trade names are proprietary to DPW, Disney Enterprises, Inc., and ABC, Inc. and its and their licensors. DISCLAIMER AND LIMITATION OF LIABILITY The materials in this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, DPW disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DPW does not warrant that the OPERATION OF THE SITE will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. DPW does not warrant or make any representations regarding the use or the results of the use of the INFORMATION OR materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not DPW) assume the entire cost of all necessary servicing, repair, or correction. Under no circumstances, including, but not limited to, negligence, shall DPW be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if DPW or a DPW authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of warranties or liability, so the above limitation or exclusion may not apply to you. RESPONSIBILITY FOR ACTIVITIES Members are entirely responsible for maintaining the confidentiality of the username and password provided to them by DPW permitting you to access the site. You agree that your username and password may be monitored by Disney from time to time. Furthermore, Members are entirely responsible for any and all access and use of the site and other activities which occur under Member's account. You agree to indemnify, defend and hold each of DPW and each of its officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (each, an “Indemnified Party”) harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Party in connection with any claim arising out of any breach by you of the terms of use contained herein or claims arising from your account. You shall use your best efforts to cooperate with DPW (and each Indemnified Party) in the defense of any claim. DPW reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Member agrees to immediately notify DPW of any unauthorized use of Member's account or any other breach of security known to Member. You are entirely responsible for any compliance on your part with all applicable laws, including by not limited to, privacy laws, data protection laws, notice requirements and registration requirements. TERMINATION DPW shall be entitled, in its sole discretion, to terminate your authorization to use this site at any time upon written or oral notice to you . Your authorization to use this site and the materials contained herein shall also terminate upon the expiration or termination of the Licensing Agreement. USE OF INFORMATION During your use of this site, you may be asked to, or required to, submit certain information. DPW will use such information solely in connection with the operation of this site and as reasonably required to handle your submission, or to otherwise fulfill its responsibilities under the License Agreement. If your submission of such information is directed to DPW for another purpose, such as in an inquiry on the use of Materials, DPW may use such information as it determines reasonably necessary to handle such submission. If you submit the same information to DPW by other means, the limitations on use set forth above shall not apply to DPW. GOVERNING LAW; JURISDICTION These terms shall be governed by and construed in accordance with the laws of the State of California , United States of America , without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; provided, however, that DPW reserves the right to pursue injunctive or other equitable relief as may be necessary to restrain any threatened, continuing or further breach by you of any terms of this agreement, without showing or proving any actual damages sustained by DPW or its affiliates, and without posting a bond.
LAST UPDATED: 3/24/2004
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