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