TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. By using this site, you signify your assent to these
terms of use. If you do not agree to these terms of use, please do not use the
site. We reserve the right, at our discretion, to change, modify, add, or
remove portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of DISNEYCONCERTLIBRARY.COM
following the posting of changes to these terms (including the DISNEY.COM
Privacy Policy and House Rules) will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by DISNEY CONCERT LIBRARY
(referred to as "DISNEY," "we," "us," or
"our" herein). No material from DISNEYCONCERTLIBRARY.COM 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, noncommercial home use only, provided you keep intact all
copyright and other proprietary notices. 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 these terms, the use of any such
material on any other Web site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Disney
Enterprises, Inc., and ABC, Inc.
In the event you download software from the 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 does not transfer
title to the Software to you. You own the medium on which the Software is
recorded, but 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.
SUBMISSIONS
DISNEY is pleased to hear from its loyal fans and welcome
your comments regarding DISNEY products, including DISNEY's online
services. Unfortunately, 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, regretfully, 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 at our request you send certain specific submissions
(e.g., postings to chat, boards, or 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.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or
e-mail function offered as part of DISNEYCONCERTLIBRARY.COM. You shall not
upload to, distribute through, or otherwise publish through
DISNEYCONCERTLIBRARY.COM any content which 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
that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner.
You shall not, without our express approval, 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 DISNEYCONCERTLIBRARY.COM guests
to join or become members of any commercial online service or other
organization is expressly prohibited. You must also follow the House Rules
whenever you are using DISNEYCONCERTLIBRARY.COM.
It is our policy to respect the privacy of all guests.
Therefore, in addition to the privacy of Registration data (see our Privacy
Policy), we will not monitor, edit, or disclose the contents of a guest's
e-mail unless required in the course of normal maintenance of
DISNEYCONCERTLIBRARY.COM and its systems or unless required to do so by law or
in the good-faith belief 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 guests or
the public. Guests shall remain solely responsible for the content of their
messages.
By uploading materials to any Forum or submitting any
materials to us, you automatically grant (or warrant that the owner of such
rights has expressly granted) us 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, medium, 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.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are
presented solely for the purpose of promoting programs, films, and other
products available in the United States, its territories, possessions, and
protectorates. This site 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 site are appropriate or available for use in other locations. Those who
choose to access this site 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 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.
TERMINATION
These terms are effective until terminated by either
party. You may terminate these terms at any time by destroying all materials
obtained from any and all DISNEY site(s) and all related documentation and all
copies and installations thereof, whether made under the terms of these terms
or otherwise. These terms will terminate immediately without notice from DISNEY
if in DISNEY's sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must destroy all materials obtained from
this site and any and all other DISNEY site(s) and all copies thereof, whether
made under the terms of these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS 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 DEFECTS WILL BE CORRECTED, OR THAT THIS SITE 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 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. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
Further, DisneyConcertLibrary.com explicitly disclaims
any responsibility for the accuracy, content, or availability of information
found on sites that link to or from DisneyConcertLibrary.com from third parties
not associated with Disney. DisneyConcertLibrary.com 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.
DisneyConcertLibrary.com 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.com since other Shop Channels are owned and
operated by independent retailers. DisneyConcertLibrary.com does not endorse
any of the merchandise, nor has taken any steps to confirm the accuracy or
reliability of any of the information contained in such third-party sites.
DisneyConcertLibrary.com 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
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 THIS SITE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement should be sent to
Service Provider's Designated Agent. See Notice and Procedure for Making Claims
of Copyright Infringement.
OTHER
These terms 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. You agree that any action at law or in
equity arising out of or relating to these terms shall be filed only in the state
or federal courts located in Los Angeles County and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between us relating
to the subject matter herein and shall not be modified except in writing,
signed by both parties.
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LAST UPDATED: 4/19/99
© Disney. All rights reserved.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Notification must be submitted to the following
Designated Agent:
Service Provider(s): Buena Vista Internet Group and
Disney Online
Name of Agent Designated to Receive Notification of
Claimed Infringement: Laurence J. Shapiro
Full Address of Designated Agent to Which Notification
Should Be Sent: 500 South Buena Vista Street, Burbank, CA 91521-7690
Telephone Number of Designated Agent: (818) 623-3200
Facsimile Number of Designated Agent: (818) 623-3637
E-mail Address of Designated Agent:
designated.agent@online.disney.com
To be effective, the notification must be a written
communication that includes the following:
1. A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
2. Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that
site;
3. Identification of the material that is claimed 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 reasonably
sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the
service provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted;
5. A statement that the complaining party has 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;
6. A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
1 Rev.
04/19/99