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DISNEY GAME KINGDOM ONLINE MEMBER AGREEMENT By
using this Service, you show that you agree to these terms, the Terms of Use and House Rules
posted on our Web site.If you do not agree, please do not use the Service. Please note that 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,
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 access 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.
Your continued use of the Service following notice of changes to this Agreement
(including the Terms of Use and House Rules) will mean you accept those
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, computer and other
equipment necessary to access the Service, including without limitation
Internet access software and modems. SECURITY As
part of the registration process, Members 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. 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 by e-mail at memberservices@gamekingdom.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. 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. 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 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 Parent's Account, including
applicable taxes, in accordance with billing terms in effect at the time the
fee or charge becomes payable. Parent Accounts must provide Disney with valid
credit card information as requested during the registration process. Disney
shall charge the Parent Account's credit card on the date Parent Account
subscribes to the Service or if you have signed up for a free trial period,
Disney shall charge the Parent Account’s credit card on the day that the free
trial expires. Thereafter, Disney will automatically renew and charge the
Parent's Account as follows: -Upon
every one (1)-month anniversary of the first billing date for monthly
subscriptions -Upon
every six (6)-month anniversary of the first billing date for semiannual
subscriptions -Upon
every one (1)-year anniversary of the first billing date for annual
subscriptions The
renewal charge 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.
Disney agrees that it will terminate your Account upon receipt of
notification from the Parent Account, as described below. For
semiannual and 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. 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. FAMILY FUN MAGAZINE As
a fully paid annual member of a Disney Game Kingdom Online Standard Account,
you may be given an offer to receive a subscription to Family Fun Magazine.
If you accept the offer to
receive the magazine, you will receive a subscription to the magazine (10
issues per year) for as long as you are an annual member of Disney’s Game
Kingdom Online, at no additional cost to you.
If, however, you decline the offer to receive the magazine, you may request
a refund of $5.00 off of the price of your Disney’s Game Kingdom Online
subscription. Please note that the
magazine offer only applies to If
you choose to accept the magazine offer, we must provide your mailing address
to the publishers of Family Fun Magazine in order for you to receive
your magazine subscription. From time to
time, the publishers of Family Fun 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 Family Fun Magazine to
share your information with third parties, please check the appropriate box in
the e-mail preference center of the Service or contact customer service at memberservices@gamekingdom.com. PARENTAL
CONSENT Under
the Children's Online Privacy Protection Act ("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. As part of the registration process for the
Service, the Parent Account will be asked to provide a valid credit card. Kids will need to have a parent or legal
guardian register as the Parent Account holder. 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 [http://disney.go.com/corporate/legal/wdig_privacy.html] 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 e-mail at memberservices@gamekingdom.com. NON-TRANSFERABILITY
OF MEMBERSHIP Disney
grants to you a personal, nonexclusive, non-assignable, and non-transferable
license to use and display the Disney Software on any machine(s) of which you
are the primary user (up to 3 computers). 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 attempt
to sublicense, transfer, sell or assign the license is void. TERMINATION
OF SERVICE This
Agreement is effective until terminated by either party. You may terminate this
Agreement and your right to use the Service at any time by calling our customer
service center at (877) 492-6846, Monday through
Friday between OTHER This
Agreement shall be governed by and construed in accordance with the laws of the
State of 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: 09/08 © 2008 Disney Enterprises, Inc. All rights
reserved. |