DISNEY'S BLAST MEMBER AGREEMENT
Welcome to Disney's Blast (the "Service").
PLEASE READ THIS MEMBER AGREEMENT (THE "AGREEMENT") CAREFULLY
BEFORE USING THIS SERVICE.
This Service is owned and operated by Disney Online (referred to as
"Disney," "we," "us," or "our" herein). The terms and conditions set
out here apply to your use of the Service. By using this Service, you
show that you agree to these terms and the Terms of Use posted on our Web
site and incorporated herein. If you do not agree, please do not use the Service.
You will be referred to from time to time as "Member" in this Agreement. The
person who initially registers for the Service may also be referred to as the
"Parent Account" in this Agreement. "Account" means the account registered to
any Member, including any family member account established by the Parent Account,
pursuant to the registration procedures for the Service. The terms of this Agreement
apply to all Members, whether or not they are the Parent Account. The Parent Account
is responsible for making each of their family members (and anyone else they may allow
to play using their Account) aware of the terms of this Agreement and for ensuring
compliance. The Parent Account for an Account is entirely liable for all activities
conducted through that Account.
We reserve the right, at our discretion, to change, modify, add, or remove
portions of this Agreement at any time. Notification of changes to this
Agreement will be posted on the Service, or sent via e-mail or postal mail.
If any future changes to this Agreement are unacceptable to you, or cause you
to no longer be in compliance with this Agreement, you may terminate your
Account (see Termination of Service section below). Your continued use of
the Service following notice of changes to this Agreement (including the
Terms of Use) means that you accept all such changes.
We may change, modify, suspend, or discontinue any aspect of the Service
at any time, including, without limitation, the availability of any Service
feature, database or content, hours of availability, or equipment needed
to access the Service. We may also impose limits on certain features or
restrict your access to parts or all of the Service, for extended periods
of time, without notice or liability. Member is solely responsible for
and must provide all telephone and other equipment necessary to access the
Service, including without limitation Internet access software and modems.
RESTRICTIONS ON USE OF MATERIALS
All materials published by Disney (including, but not limited to, informational
resources, photographs, images, illustrations, audio clips, and video clips
(collectively, "Content") are protected by copyright, and owned or controlled
by Disney, its parent or affiliated companies, or a third-party provider. You
shall abide by all copyright notices, information, or restrictions contained
in any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and other copyright
laws. No material from the Service or any Web site owned, operated, licensed,
or controlled by Disney may be copied, reproduced, republished, uploaded, posted,
or transmitted, nor may derivative works be created from them or distributed in
any way, except that you may download one copy of the materials on any single
computer for your personal, noncommercial home use only, provided that you keep
intact all copyright and other proprietary notices. Using our Content for any
other purpose is a violation of our copyright and other proprietary rights. For
purposes of this Agreement, using any of our Content on any other Web site or
networked computer environment is prohibited. You may not sell or auction any Disney
characters, items, or copyrighted material.
If you download software from the Service, 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. We hereby grant to you a non-exclusive,
limited license to use the Software solely in connection with the
Service via an authorized and fully-paid (or authorized free trial)
Account. You own the medium on which you record the Software, but
we retain 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. You may not use any third party software
to modify the Software or the Service. You may not use our intellectual
property to create or provide any other means through which the Service
may be played by others, as through server emulators. You may not
take any action which imposes an unreasonable or disproportionately
large load on our infrastructure.
SUBMISSIONS
We are pleased to hear from our Members and welcome your comments
regarding Disney's Blast and other Disney services and products. Unfortunately,
however, Disney's company policy does not allow us to accept or consider
creative ideas, suggestions, or materials other than those we have
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 our professional staff might seem to others
to be similar to their own creative work. Accordingly, we ask that
you do not send us any original creative materials such as stories
or character ideas, screenplays, or original artwork unless we have
specifically requested that you do so. While we do value your feedback
on our Service and products, we request that you be specific in your
comments, and not submit any creative ideas, suggestions, or materials.
If at our request you send certain specific submissions (e.g., contests)
or, despite our request that you not send us any other creative materials,
you send us creative suggestions, ideas, notes, drawings, concepts, or other
information (collectively, the "Submissions"), the Submissions shall be deemed,
and shall remain, the property of Disney. None of the Submissions 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 Submissions. Without limitation of
the foregoing, Disney shall exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature throughout the universe and
shall be entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the Submissions.
Disney's Blast, the Disney's Blast logo, Disney Online's logo, and any and
all fanciful characters or designs of Disney Enterprises, Inc., are trademarks
of Disney Online, Disney Enterprises, Inc. or their affiliates. All other
trademarks appearing on the Service are trademarks of their respective owners.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, pen pal feature, bulletin or message board,
e-mail or other function, that may be offered as part of the Service
where information may be provided by you. You shall not upload to,
distribute through, or otherwise publish through the Service (including
in any Forum) any content that is libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable that would constitute or encourage a criminal offense,
violate the rights of any party, or otherwise give rise to liability or violate
any law. The Forums shall be used only in a noncommercial manner. You shall not,
without the express approval of Disney, distribute or otherwise publish any material
containing any solicitation of funds, promotion, advertising, or solicitation for
goods or services. You specifically acknowledge that soliciting other Members to
join or become members of any commercial online service or other organization is
expressly prohibited. You must also follow the House Rules (which are set forth in
the Terms of Use whenever you are using the Service. Members remain solely responsible
for the content of the information they provide in any Forum.
We will abide by our Privacy Policy with regard to our collection, use
and disclosure of your personal information. We cannot promise that the
information you provide, including your personal information, will not be
disclosed to third parties. For example, we may disclose information as
required in the course of normal operation and maintenance of the Service
and its systems or if required to do so by law or in our good faith we believe
that such action is necessary to: (1) comply with the law or comply with
legal process served on Disney; (2) protect and defend the rights or property
of Disney; or (3) act in an emergency to protect the personal safety of our
Members or the public. Also, third parties may, without our knowledge or consent,
unlawfully intercept or access transmissions or private communications. Additionally,
solely for the purpose of patching and updating the Service, you hereby grant us
permission to (i) upload game file information from the Disney directory and (ii)
download game file information to you.
By uploading materials to any Forum or submitting any materials
to Disney, you automatically grant (or warrant that the owner of
such rights has expressly granted) Disney a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, and distribute
such materials or incorporate such materials into any form, media,
or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called "moral rights"
in those materials have been waived.
REPRESENTATIONS AND WARRANTIES
The Parent Account represents, warrants, and covenants (a) that no
materials of any kind submitted through your Account will (i) violate,
plagiarize, or infringe upon the rights of any third party, including
copyright, trademark, privacy, or other personal or proprietary rights;
or (ii) contain libelous or otherwise unlawful material; (b) the credit
card provided to us is valid, the Parent Account is authorized to
use the credit card, and the Parent Account is at least 18 years old;
(c) we may charge the credit card provided to us, as more fully described
in the Section titled Price and Payment below; and (d)
the Parent Account and all Members will fully comply with the terms
of this Agreement. You, the Parent Account, hereby indemnify, defend,
and hold Disney, its parent and affiliated companies, and all officers,
directors, owners, agents, information providers, affiliates, licensers,
and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs incurred
by the Indemnified Parties in connection with any claim arising out
of any breach by you or any Member on your Account or any user of
your Account of this Agreement or the foregoing representations, warranties,
and covenants, including, without limitation, reasonable attorneys'
fees. The Parent Account shall use best efforts to, and shall ensure
that all Members on that Account cooperate with Disney in the defense
of any claim. Disney reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject
to indemnification by Parent Account.
Disney does not represent or endorse the accuracy or reliability of
any advice, opinion, statement, or other information displayed, uploaded,
or distributed through the Service by any Member, information provider,
or other person or entity. You acknowledge that any reliance upon
any such opinion, advice, statement, memorandum, or information shall
be at your sole risk. Disney reserves the right, in its sole discretion,
to correct any errors or omissions in any portion of the Service.
DISCLAIMER
THE MATERIALS IN THIS SERVICE 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 SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. DISNEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS
SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT DISNEY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT, AS A SERVICE
TO USERS OF THE DISNEY SERVICE, WE INCLUDE LINKS TO OTHER WEB SITES
ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT DISNEY HAS
NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER,
REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES,
AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT
TO SUCH WEB SITES.
Further, Disney explicitly disclaims any responsibility for the accuracy,
content, or availability of information found on sites that link to
or from Disney's Blast from third parties not associated with Disney.
Disney encourages discretion when browsing the Internet using our
or anyone else's service. Because some sites employ automated search
results or otherwise link you to sites containing information that
may be deemed inappropriate or offensive, Disney cannot be held responsible
for the accuracy, copyright compliance, legality, or decency of material
contained in third-party sites, and you hereby irrevocably waive any
claim against us with respect to such sites. Disney cannot ensure
that you will be satisfied with any products or services that you
purchase from a third-party site that links to or from Disney's Blast,
since other shop channels are owned and operated by independent retailers.
Disney does not endorse any of the merchandise, nor has Disney taken
any steps to confirm the accuracy or reliability of any of the information
contained in such third-party sites. Disney does not make any representations
or warranties as to the security of any information including, without
limitation, credit card and other personal information you might be
requested to give any third party and you hereby irrevocably waive
any claim against us with respect to such sites. We strongly encourage
you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any
of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL DISNEY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN
THIS SERVICE OR ANY OTHER WEB SITE, EVEN IF DISNEY OR A DISNEY AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DISNEY'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.
SECURITY
As part of the registration process, each Member, including every
person with a family member subaccount, will select a password and
Member Name ("Member Name"). You shall provide Disney with
accurate, complete, and updated Account information. Failure to do
so shall constitute a breach of this Agreement, which may result in
immediate termination of your Account and/or your family member Account.
You may not (i) select or use a Member Name of another person with
the intent to impersonate that person; (ii) use a name subject to
the rights of any other person without authorization; or (iii) use
a Member Name that Disney, in its sole discretion, deems inappropriate
or offensive.
You shall notify Disney at contact@disneyblast.com
of any known or suspected unauthorized use(s) of your Account, or
any known or suspected breach of security, including loss, theft,
or unauthorized disclosure of your password. You shall be responsible
for maintaining the confidentiality of your password.
Each Parent Account must be 18 years or older to establish an Account;
however, you may also establish subaccounts for family members of
all ages, and each such Account shall be governed by the terms of
this Agreement. If Disney becomes aware that a Parent Account is under
the age of 18, Disney reserves the right to cancel the Account. Any
fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of your Account, at Disney's sole discretion, and
you may be reported to appropriate law-enforcement agencies.
If you have reason to believe that your Account is no longer secure
(for example, in the event of a loss, theft, or unauthorized disclosure
or use of your Member Name, password, or any credit, debit, or charge
card number stored on the Service), you must promptly change your
password and notify Disney of the problem (by notice given as described
in the Notice section below) to avoid possible liability for any unauthorized
charges to your Account.
PRICE AND PAYMENT
Disney reserves the right at any time to charge additional fees for
access to the Service. Disney reserves the right to change the amount
of, or basis for determining, any fees or charges for the Service,
and to institute new fees or charges effective upon prior notice to
Members. Disney reserves the right to offer special offers of the
Service and to provide the Service at no charge for promotional reasons
or otherwise (such as a free trial).
Each Parent Account agrees to pay all charges to the Parents
Account, including applicable taxes, in accordance with billing terms
in effect at the time the fee or charge becomes payable. For standard
accounts purchased through the Disneys Blast Web site* , Parent
Accounts must provide Disney with valid credit card and/or other information
required during the registration process. Disney shall charge the
Parent Account's credit card either after the trial period expires,
or on the date the Parent Account subscribes to the Service. Thereafter,
Disney will automatically renew and charge and/or bill the Parent's
Account as follows:
Upon every one (1) month anniversary of the first billing date for
the following month's service for monthly subscriptions
Upon every one (1) year anniversary of the first billing date for
annual subscriptions
The renewal fee shall be equal to or less than the original subscription
price, unless otherwise notified in advance by Disney. You may notify
Disney that you wish to cancel your subscription at any time.
__________________
*"Standard Accounts" are accounts purchased through the
Disney's Blast Web site and do not include special offers, which at
the time the special offer is made, will specify the price and payment
terms that apply to the special offer. Additionally, if you purchased
or otherwise received Disney's Blast through your Internet service
provider ("ISP"), this section titled Price and Payment
may not apply to you. Please see the member agreement that is accessible
when you access Disney's Blast from your ISP.
Disney
agrees that it will terminate your Account upon receipt of notification
from the Parent Account on your Account, as described below.
For monthly subscriptions: If notice of cancellation is received within
the first 15 days following the first day of the initial billing, you will be
eligible to receive a refund of all subscription fees for the Service, but will
still be obligated to pay any other charges incurred. If you cancel the Service
more than 15 days after the initial billing, your Account will be canceled as of
the end of the current billing period and no refund for unused time will be given.
For annual subscriptions: If notice of cancellation is received
within the first 30 days following the first day of initial billing,
you will be eligible to receive a refund of all subscription fees
for the Service but will still be obligated to pay any other charges
incurred. If you cancel the Service more than 30 days after the initial
billing, no refund for unused time will be given.
Your right to use the Service is subject to any limits established
by Disney or by your credit card issuer. If payment cannot be charged
to your credit card or your charge is returned to Disney for any reason,
including chargeback, Disney reserves the right to either suspend
or terminate your access and Account, thereby terminating this Agreement
and all obligations of Disney hereunder. If you have a balance due
on any Disney Account, you agree that Disney can charge these unpaid
fees to your credit card. Disney reserves the right to establish a
credit limit (the "Ceiling") for each Member. If a Member's
Account reaches the Ceiling at any time, Disney may immediately bill
the Member's credit card for all unpaid charges on account. Until
further notice, the Ceiling for each Member is $100.
DISNEY ADVENTURES MAGAZINE
As a fully paid member of a Disney's Blast Standard Account, you receive
a subscription to Disney Adventures Magazine. You will receive a subscription
to the magazine (10 issues per year) for as long as you are a member of Disney’s
Blast, at no additional cost to you. If, however, you do not want to receive the
magazine, within 30 days of activation of the Service you may request a refund
of $7.48 off of the price of your Disney’s Blast subscription. We will accomplish
be refunding the amount to your credit card. Please note that the magazine offer
only applies to U.S. residents.
Refund requests should be directed to customer
service at contact@disneyblast.com.
We must provide your mailing address to the publishers of Disney Adventures Magazine
in order for you to receive your magazine subscription. From time to time, the
publishers of Disney Adventures Magazine may send you special offers and promotions
about other Disney products and services and may also share your name with select
third parties. If you wish to receive the magazine but do not want to receive other
Disney promotions, or do not want the publishers of Disney Adventures Magazine to
share your information with third parties, please e-mail customer service at
contact@disneyblast.com or call (877) 492-6846 to update your account appropriately.
PARENTAL CONSENT
Like
other Web sites directed to children, Disneys Blast is required
by law to comply with the Children's Online Privacy Protection Act
("COPPA"). Under COPPA, parental consent is required for
the online collection, use and/or disclosure of personal information
obtained from a child under the age of 13. We obtain such consent
through means of credit card verification. As part of the registration
process for the Service, the Parent Account will be asked to provide
a valid credit card. By providing his or her credit card number, the
Parent Account holder: (a) represents and warrants that he or she
is the parent or legal guardian of any child under the age of 13 for
whom he or she allows to use the Parent Account; and (b) agrees to
our collection, use and disclosure of personal information in accordance
with the Privacy
Policy with respect
to any child under the age of 13 for whom the Parent Account holder
allows to use the Parent Account.
NOTICE
The Parent
Account will submit and maintain a correct e-mail address and other
Account information. We may give notice to the Parent Account by means
of a general notice on the Service, electronic mail to your e-mail
address on record in our Account information, or by written communication
sent by first-class mail to your address on record in our Account
information. You may give notice to Disney. Such notice shall be deemed
given when received by Disney at any time by electronic mail at contact@disneyblast.com.
NON-TRANSFERABILITY OF MEMBERSHIP
Disney
grants to you a personal, nonexclusive, nonassignable, and non-transferable
license to use and display the Disney Software on any machine(s) of
which you are the primary user. Unauthorized copying of the Software
or duplication of the Software in any manner, including software that
has been modified, merged, or included with the Software, or the written
materials associated therewith, is expressly forbidden. You acknowledge
that you may not sublicense, transfer, sell, or assign this license
or the Software. Any attempts to sublicense, transfer, sell, or assign
the license are void.
JURISDICTIONAL
ISSUES
This Service is controlled and operated by Disney from its offices
within the State of California, United States of America. Disney makes
no representation that materials in the Service are appropriate or
available for use in other locations. Those who choose to access this
Service from other locations 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 Service is further subject
to United States export controls. No Software from this Service 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. Certain Software that Members
download to use or install from a CD-ROM is "Restricted Computer
Software." Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in this Agreement and as provided
in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013
(October 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14,
and any amendments thereto, as applicable.
TERMINATION
OF SERVICE
This
Agreement is effective until terminated by either party. The Parent
Account may terminate this Agreement and your right to use the Service
at any time by contacting customer service at contact@disneyblast.com
or (877) 492-6846. Disney may terminate your Account or access rights
to this Service immediately without notice if in Disney's sole discretion
you fail to comply with any term or provision of this Agreement (including
the Terms of Use and House Rules). Upon termination, you must destroy
all materials obtained from this Service and all copies thereof, whether
made under the terms of this Agreement or otherwise.
OTHER
This
Agreement shall be governed by and construed in accordance with the
laws of the State of California, 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 the parties relating to the subject matter herein
and shall not be modified except in writing other than as provided
below.
ENTIRE AGREEMENT
This
Agreement constitutes the entire agreement between the parties with
respect to the subject matter contained herein and supersedes all
previous and contemporaneous agreements, proposals, and communications,
written or oral, between Disney representatives and you. Disney may
amend or modify this Agreement or impose new conditions at any time
upon notice from Disney to you as described in the Section titled
Notice above. Any use of the Service by you after such
notice shall be deemed to constitute acceptance by Member of such
amendments, modifications, or new conditions.
LAST
UPDATED: 4/06 © 2006 Disney Enterprises, Inc. All rights
reserved.
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