TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

www.hannahmontana.com.au (the "Web Site") is operated by Buena Vista Home Entertainment, part of The Walt Disney Company group of companies ("Disney" for short). The Web Site is offered to you conditional upon your acceptance of these Terms of Use. Your use of and access to the Web Site constitutes your acceptance.

Disney may periodically amend these Terms of Use. As you are bound by these Terms of Use, you should periodically review this page.

General Terms

In addition to the above general terms and conditions, there are also special terms and conditions which govern your use of and/or access to certain web pages on the Web Site and form part of the Terms of Use. To go directly to any of the Special Terms, click on the link below:

Special Terms

Please also read our Privacy Policy, which you can access by clicking here or on the "Privacy Policy" link displayed throughout the Web Site.


GENERAL TERMS

1. GUESTS OF ALL AGES

This Web Site provides parents and children a safe, family oriented online destination where you can enjoy the wonderful world of Disney together. The Web Site features a variety of entertaining and education content.

To join contests, campaigns and/or to log to the exclusive content areas, guests of the Web Site are required to register with Disney. However, it is the policy of Disney that we will not allow member registration or otherwise promote any services or product to guests under the age of 18. We request that parents and guardians approve the member registration of any guest below the age of 18 before that guest can enjoy these member benefits.

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2. EXTERNAL LINKS AND ADVERTISEMENTS

The Web Site may contain hyperlinks to Internet sites and resources operated by third parties. These linked web sites are not under the control of Disney. Disney is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the contents, advertising, products or other material on such sites. Disney shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster.

The Web Site may also contain third party advertisements embedded with hyperlinks to third party web sites. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by Disney or its affiliates. You should refer to the relevant advertiser for information on its products and/or services.

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3. RESTRICTIONS OF USE OF MATERIALS

No material from the Web Site or any web site owned, operated, licensed or controlled by Disney may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, 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 and you may also download a temporary copy of the materials held in your computer's cache. Modification of the materials or use of the materials for any other purpose is a violation of Disney's copyright and other proprietary rights. For purposes of this Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from this Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Disney. Disney retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

The trademarks, logos and service marks of Disney Enterprises, Inc. and Cap Cities/ABC, Inc. and/or its affiliates are collectively referred to as the "Trademarks". Nothing contained in the Web Site should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any Trademark displayed on the Web Site without the written permission of Disney or its third party owner.

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4. SUBMISSIONS

Disney is pleased to hear from its loyal fans and welcomes your comments regarding Disney products, including Disney's on-line services. However, Disney's long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Disney's professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Disney. None of the Information shall be subject to any obligation of confidence on the part of Disney and Disney shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, Disney shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

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5. JURISDICTIONAL ISSUES

To the fullest extent permitted by applicable law, Disney makes no representation that materials in the site are appropriate or available for use in any locations. Those who choose to access this site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

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6. TERMINATION

Disney reserves the right to terminate your access to all or part of this Web Site, with or without notice.

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6. DISCLAIMER

THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISNEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISNEY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEB SITE WILL BE MAINTAINED. DISNEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT DISNEY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN RESPECT OF ANY IMPLIED WARRANTIES UNDER THE TRADE PRACTICES ACT 1974 (CTH) THAT CANNOT BE EXCLUDED BY LAW, DISNEY LIMITS ITS LIABILITY TO, AT ITS OPTION, IN THE CASE OF GOODS, THE RESUPPLY, REPLACEMENT OR REPAIR OF THE GOODS OR PAYMENT OF THE COST OF REPLACING THE GOODS, OBTAINING EQUIVALENT GOODS, OR HAVING THE GOODS REPAIRED; OR IN THE CASE OF SERVICES THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF RESUPPLY OF THE SERVICES.

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8. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Disney excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from (a) the use or the inability to use the Web Site; (b) the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained or transactions entered into through or from the Web Site; or (c) unauthorized access to or alteration of your transmissions or data, even if Disney has been advised of the possibility of such damages.

You further agree that Disney is not responsible or liable to you for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of another's rights, including intellectual property rights, occurring on or through the Web Site.

If you are dissatisfied with the Web Site, the materials available on it, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Web Site.

Without limiting any other provision of these Terms and Conditions, to the extent that any warranty of liability cannot be excluded, Disney's total liability is limited: to (a) the supply again of the services provided herein or (b) payment of the cost of having services supplied again.

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9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Disney and its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Web Site, content or messages posted or transmitted by you on or through the Web Site. Disney reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

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10. MODIFICATION TO THE WEB SITE

Disney reserves the right to modify or discontinue the Web Site without prior notice. Disney shall not be liable to you for any modification to or discontinue of the Web Site.

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11. MISCELLANEOUS

This agreement shall be governed by and construed in accordance with the laws of the State of Victora, Australia, without giving effect to any principles of conflicts of law. 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 you and Disney relating to the subject matter herein.

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SPECIAL TERMS

12. PARTICIPATION IN COMPETITIONS

All competitions that you may enter on the Web Site have their own rules and conditions, but for all of the competitions, the following general rules will apply:

Entering the Competition: If you are under 13 years old, you must have the permission of your parent or guardian before you may enter any of our competitions.

If you win: If you are under 18 years old, Disney will also notify your parent or guardian that you have won a prize, and offer your parent or guardian an opportunity to tell Disney not to send the prize. Depending on the prize, Disney may notify you by e-mail that you have won. Please read the rules of each competition carefully.

If you enter or win a competition, and Disney discovers that you do not have the proper permission, then your entry will be ignored or invalid, as will be the offer of any prize.

Posted: April 1, 2005

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