Effective Date: November 9, 2020
PLEASE READ CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE
- Ownership of Service/License to Use. The Service is proprietary to Owner and its affiliates and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. All worldwide ownership of and rights, title and interest in and to the Service, including without limitation, all copyrights, patent rights, trademark rights, trade secret rights, inventions and other proprietary rights therein and thereto, are and shall remain exclusively in Owner. Notwithstanding the foregoing, Walt Disney World, Disneyland, park attractions and character names, etc. referenced by the Service are trademarks of the Walt Disney Company and/or its affiliates (“Disney”). The Owner does not make any claim to any intellectual property rights associated with Disney or any other unaffiliated third-party mentioned by the Service.
- Copyright and Trademark Notices. You agree and acknowledge that the Service is for your own personal, non-commercial use. Unless otherwise indicated, images displayed through the Service are the property of Owner, and may not be copied, reproduced or used unless specifically permitted in writing by Owner. Any unauthorized use of images or content shall violate the Terms, and may violate applicable laws and regulations. You are not authorized to copy, download, distribute, reproduce, publish, or create derivative works from, any content or materials from the Service for any commercial purposes. Notwithstanding the foregoing, you may make a one-time, single copy of a document or part of a document published on this Site or through the Service for your personal use provided that any copyright notices are not removed therefrom and are clearly displayed on any such copy.
- Copyright Policy. If You believe that any content on this Site or provided through the Service may constitute copyright infringement, please contact our registered agent with notification of any claimed infringement pursuant to Section 512(c) of the Copyright Act. In Your notice, please provide the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that You claim has been infringed;
- a description of the material that You claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;
- Your contact information, including Your address, telephone number and e-mail address;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
We will make reasonable efforts to remove any infringing content within a reasonable period of time whenever a valid and properly substantiated complaint has been made. Our designated copyright agent for notice of any alleged copyright infringement is: E-mail: email@example.com
- User Content. The Service may include, from time to time, discussion forums, bulletin boards, comment sections, or other forums in which you or others may contribute reviews, messages, information or other content (collectively, the “User Content”). Owner is under no obligation to review any User Content and assumes no responsibility or liability relating to any such User Content. Owner does not endorse any User Content, and any opinions set forth therein are expressly the opinion of the author thereof. Notwithstanding the foregoing, Owner may from time to time decline to accept and/or remove any User Content in its sole discretion, including for violating the Terms. You alone are responsible for your User Content, and assume all risks associated with such User Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with the disclosure of any personal information. You represent that you own or have the necessary authorization and/or rights to use your User Content. You agree and acknowledge that posting User Content may expose you to liability if the User Content, among other reasons:
- Contains any false, misleading or defamatory material;
- Violates any third-party rights, including any copyright, trademark, service mark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary rights;
- Contains material that is harassing, abusive, discriminatory, hateful, obscene or pornographic;
- Encourages conduct that would constitute a criminal offense or give rise to civil liability; or
- Exploits or otherwise harms minors.
- Use of User Content. Any User Content submitted to this Site or another Service channel will be treated as non-confidential and non-proprietary. Owner may use the User Content in a number of different ways, including by displaying, modifying, reproducing or distributing it, or creating derivative works from it. You hereby irrevocably grant Owner and its affiliates a world-wide, perpetual, non-exclusive, royalty-free, assignable, transferable rights to use the User Content for any purpose. Owner reserves the right to screen, edit, remove or reinstate User Content at its sole discretion for any reason or no reason, and without notice to you. Please note that you also irrevocably grant the users of the Service the right to access the User Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against Owner and its users any claims and assertions of moral rights or rights of attribution with respect to the User Content. Owner is under no obligation to enforce the Terms on your behalf against another user. While Owner encourages you to let it know if you believe another user has violated the Terms, Owner reserves the right to investigate and take appropriate action at its sole discretion.
- Indemnification. You agree to indemnify, defend, and hold harmless Owner, its affiliates, any officers, directors, employees, agents and representatives from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) any breach of the Terms by You, (ii) any User Content provided by you, or (iii) the violation by You of any law or intellectual property or other rights of a third party.
- Disclaimer of Warranties. Your access to and use of this Site and Service are at Your own risk. THIS SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED. OWNER HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THIS SITE OR THE SERVICE. WITHOUT LIMITING THE FOREGOING, OWNER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THIS SITE OR THEIR CONTENTS WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE, THIS SITE OR ANY OF THEIR CONTENTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. OWNER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING HARDWARE, SOFTWARE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL) DUE TO YOUR USE OF THIS SITE OR THE SERVICE.
- Liability Limits. IN NO EVENT SHALL OWNER AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), WHETHER BASED UPON AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE, OR THE INABILITY TO ACCESS OR USE, THE SERVICE. IN NO EVENT, HOWEVER, SHALL THE TOTAL LIABILITY TO YOU BY OWNER AND/OR ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID BY YOU TO THE OWNER OR ITS AFFILIATES IN CONNECTION WITH THE SERVICE DURING THE PREVIOUS 12 MONTHS.
- Limitations on Disclaimers and Owner Liability Limits. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
- Links to Third-Party Sites. This Site and Service may contain hyperlinks to websites operated by parties other than Owner. Such hyperlinks are provided for Your reference and convenience only. Owner does not control such websites, may not have reviewed such websites and expressly disclaims any responsibility for their contents. The inclusion of hyperlinks to such websites does not imply (and Owner expressly disclaims) any endorsement of the material on such websites or any association with their operators.
- Severability. If any provision of the Terms is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
- Governing Law. The Terms are made under, and shall be governed by, the laws of the State of California without reference to its conflict of laws provisions, except as governed by federal law.
- Forum. All actions, claims or disputes arising under or relating to the Terms shall be brought in the federal or state courts located within San Diego County, California. You hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts located within San Diego County, California and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court located within the county of San Diego County.
- Entire Agreement. The Terms constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.