1.INTRODUCTIONWelcome to the Internet sites of the Walt Disney Internet Group ("WDIG").
WDIG and any and all entities that control, are controlled by, or are affiliated or under common control with, WDIG are collectively referred to herein as "we," "us" or "our".
Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the WDIG Sites and receipt of data, materials and information available at or through the WDIG Sites, the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.
2.USE OF CONTENTAll information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on WDSMP Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the WDSMP Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any WDSMP Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the WDSMP Site, except that where a WDSMP Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of WDSMP Sites is prohibited. In the event that we offer downloads of software on a WDSMP Site and you download such software, 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 us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a WDSMP Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any WDSMP Site for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any WDSMP Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration)..
4.LICENSES AND REPRESENTATIONSYou hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on WDSMP Sites, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
To the extent that any Submissions you Distribute on or through WDSMP Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions. To the extent that we solicit Submissions through features or activities on or through WDSMP Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
WDSMP will charge subscription fees to access certain WDSMP Sites (including but not limited to certain virtual worlds, applications and games) and participate in related activities on the WDSMP Sites. SUBSCRIPTIONS ARE NON-TRANSFERABLE AND NON-REFUNDABLE. Unless otherwise indicated, subscriptions will automatically renew at the end of their term.
We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to WDSMP. WDSMP may also provide access to third-party vendors who provide content, goods and/or services on the WDSMP Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. WDSMP makes no representation or warranty regarding any content, goods and/or services provided by any third-party.
6.PUBLIC FORUMS AND COMMUNICATION"Public Forum" means an area, site or feature offered as part of any WDSMP Site that offers the opportunity for users to Distribute Submissions for viewing by one or more WDSMP Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through any WDSMP Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
7.RULES OF CONDUCTThe following Rules of Conduct apply to the WDSMP Sites. By using the WDSMP Sites, you agree that you will not Distribute any Submission that:
- (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the WDSMP Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the WDSMP Sites; or
10.DISCLAIMERSTHE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO WDSMP SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY WDSMP SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WDSMP SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on a WDSMP Site is strictly at your own risk. WDSMP Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The content of WDSMP Sites are intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
You should not act or refrain from acting on the basis of any content included in, or accessible through, the WDSMP Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
12.LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY WDSMP SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A WDSMP SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Supply of goods, services and software through WDSMP Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through WDSMP Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through WDSMP Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
16.CLAIMS OF COPYRIGHT INFRINGEMENTWe have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent: Service Provider: Walt Disney Internet Group 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 91521-7725 Telephone Number of Designated Agent: (818) 623-3200 Facsimile Number of Designated Agent: (818) 623-3637 E-Mail Address of Designated Agent: designated.agent@dig.TWDC.com
To be effective, the notification must be a written communication that includes the following:
- 1. A physical or electronic signature of 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 us to locate the material;
- 4. Information reasonably sufficient to permit us 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; and
- 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.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any WDSMP Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- 1. Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- 2. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- 3. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which WDSMP may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Effective: April 7, 2010
Q1 Who is Walt Disney Studios Motion Pictures?
Q3 What types of personally identifiable information do we collect about our guests?
Q4 How is your personally identifiable information used and shared?
Q5 What choices do you have about the collection, use, and sharing of your personally identifiable information?
Q6 What kinds of security measures do we take to safeguard your personally identifiable information?
Q1. Who is Walt Disney Studios Motion Pictures?A1. Walt Disney Studios Motion Pictures ("WDSMP","we","us", or "our" or "ourselves"), is a member of The Walt Disney Family of Companies (as defined below). Among other things, WDSMP provides various online products and services, including programs involving social media Web sites such as www.Facebook.com ("Facebook").
Q3. What types of personally identifiable information do we collect about our guests?A3. We collect several types of personally identifiable information about our guests.
Information You Provide to Us
Much of the personally identifiable information we receive comes directly from guests who are interested in obtaining various products and services from us or another member of The Walt Disney Family of Companies. Typically, this information includes the guest's name, postal address, e-mail address, and telephone number.
We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personally identifiable information. If you purchase products or services from us or another member of The Walt Disney Family of Companies, we'll note, for example, credit card information, the type of services or products ordered or purchased, and the date of the order or purchase.
You may also provide us photographs or other video materials, which may contain personal information. We may collect personal information when you register on, log on, or visit our Web sites, including when you participate in activities on our Web sites, such as sweepstakes, contests, games, and informational and promotional offers, and when you provide information to our customer service representatives.
Information Collected Through TechnologyWe may collect information through technology to make our Web sites more interesting and useful to you and for various purposes related to our business. For instance, when you come to one of our Web sites, we may collect your IP address. An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university.
Standing alone, your IP address is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which our guests visit various parts of our Web sites, and we may combine IP addresses with personally identifiable information.
Our Web sites may collect information through a variety of technical methods, including cookies and Web beacons. Cookies are pieces of information that a Web site sends to your computer while you are viewing the Web site. Web beacons are small pieces of data that are embedded in images on the pages of Web sites. Cookies, Web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf.
We may use the information collected through these technical methods for many purposes, including delivering content, and tracking and enhancing our guests' experience on our Web sites. For example, when you return to one of our Web sites after logging in, cookies provide information to the site so that the site will remember who you are. We also may use technical methods to analyze the traffic patterns on our Web sites (such as the frequency with which our users visit various parts of our Web sites), as well as the frequency with which our users visit other third party Web sites.
In addition, we may send HTML e-mails to our guests that contain technical methods that can be used in a numbers of ways when you link from the e-mails to our Web sites, including: to determine whether our guests have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements and other messages on our Web sites, and to determine whether a guest has made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable.
Information That We Collect from OthersWe may update and supplement personally identifiable information that we have collected directly from our guests with other information that we obtain from third parties (such as Facebook) and other members of The Walt Disney Family of Companies. In addition, we may obtain personally identifiable information about individuals who are not yet users of our Web sites or guests of The Walt Disney Family of Companies.
Q4. How is your personally identifiable information used and shared?A4. As described in detail below, The Walt Disney Family of Companies may use your personally identifiable information in many ways.
General Provisions for Sharing and Use by The Walt Disney Family of Companies
As another example of Operational Uses, we may share your personal information with the Walt Disney World Resort telephone reservations center so that the reservations center operators are able to respond immediately to your questions or requests when you call, rather than asking you to provide your information a second time.
When you purchase or request products or services (or information about products or services) from a particular member of The Walt Disney Family of Companies, promotional materials about goods and services offered by the particular member of The Walt Disney Family of Companies, by another member of The Walt Disney Family of Companies and/or by a third party may accompany delivery of the product, service or information that you have requested. We refer to sending you promotional materials in these circumstances as "Fulfillment Uses" of your personal information.
Finally, the Walt Disney Family of Companies may take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information).
Companies That Facilitate Communications and Transactions with YouSometimes The Walt Disney Family of Companies hires companies to help provide products or services, like a shipping company that delivers a package or a company that helps fulfill prizes for a sweepstakes. In those instances, there is a need to share your information with these companies.
Companies That You Previously Authorized to Obtain Your InformationIn certain circumstances, your dealings with a third party (such as Facebook) may have authorized that third party to obtain your personal information from The Walt Disney Family of Companies and to use that information in accordance with the third party's own privacy practices and policies.
Disclosures to Comply With Laws and Disclosures to Help Protect the Security and Safety of Our Web sites, The Walt Disney Family of Companies and Others
Q6. What kinds of security measures do we take to safeguard your personally identifiable information?A6. The security and confidentiality of your information is very important to us. We have implemented technical, administrative, a nd physical security measures to protect guest information from unauthorized access and improper use. From time to time, we may review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Member Services WDSMP 500 S. Buena Vista St. Mail Code 7716 Burbank, CA 91521-7716
Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.