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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 copyright protected 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 (and up to three (3) computers) for your personal, noncommercial home use only, provided that you keep intact all copyright and other proprietary notices. Your use of this Service will constitute an affirmative acknowledgment that 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. Using our Content for any other purpose, including but not limited to using any of our Content on any other Web site or networked computer environment, is a violation of our copyright and other proprietary rights and is strictly prohibited.
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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 license to use the Software solely in connection with the Service via an authorized and fully-paid (or authorized free subscription or trial) Account. You represent, warrant, and covenant (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, you are authorized to use the credit card, and you are at least thirteen (13) 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) you will fully comply with the terms of this Agreement.
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You further acknowledge and agree that we may, in our sole and absolute discretion, track, record, observe or follow any and all of your interactions within the Service.
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 the Services 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 the Service 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.
As part of the registration process, Members will select a password and account ID ("Account ID"). We reserve the right to delete or change your Account ID for any reason or no reason. You shall provide Disney with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account or other measures, including legal action. You may not (i) select or use an Account ID of another person with the intent to impersonate that person, including Account IDs that are deliberately misleading or deceptive as to the identity of the Member; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a Account ID that Disney, in its sole and absolute discretion, deems inappropriate or offensive. Without limiting any of its additional rights in this Agreement or otherwise, Disney reserves the right to enforce these security measures at any time, and Disney's allowance of an Account ID shall not be considered a waiver of our ability to terminate, suspend, or otherwise reevaluate your Account at a later time.
You shall notify Disney by e-mail at firstname.lastname@example.org 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.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Disney's sole and absolute 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 via the email address of record on the Member's account or posting upon the domain or subdomain of the Service or any other method that is designed to provide reasonable notice to Members. Disney reserves the right to provide the Service at no charge for promotional reasons or otherwise (such as a free subscription or trial). PROVISION OF PROMOTIONAL TRIALS OR OTHER PREFERRED OR DISCOUNTED ACCESS TO SOME MEMBERS (INCLUDING, BUT NOT LIMITED TO, FULL OR LIMITED SUBSCRIPTIONS OFFERED FREE OF CHARGE) SHALL NOT OBLIGATE DISNEY TO PROVIDE SUCH PROMOTIONS, DISCOUNTS, OR PREFERRED ACCESS TO OTHER MEMBERS.
Each Account Holder agrees to pay all charges to the Account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Account Holders must provide Disney with valid information as requested during the registration process, which may include (but is not limited to) credit card information, promotional codes, or other means of payment.
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 Account ID, Password, or any credit, debit, PayPal, or charge card information stored on the Service), you must promptly change your Password and notify Disney of the problem (by giving notice as described in the Notice section below) to avoid possible liability for any unauthorized charges to your Account.
If Account Holder is paying by credit card (including debit and other charge cards):
Disney shall charge the Account Holder's credit card on the date Account Holder subscribes to the Service or if you have signed up for a free trial period, Disney shall charge the Account Holder's credit card on the day that the free trial expires. Thereafter, Disney will automatically renew and charge the Account Holder 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 via the email address of record on the Member's account or posting upon the domain or subdomain of the Service or any other method that is designed to provide reasonable notice to Members. 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 Account Holder, as described below.
For monthly subscriptions: Your Subscriber access to the Service will continue until your next scheduled monthly billing date. Thereafter, you will be able to log in to the Service, but will have Registered access only.
For semiannual and annual subscriptions: Your Subscriber access to the Service will continue until your next scheduled semi-annual or annual billing date. Thereafter, you will be able to log in to the Service, but will have Registered access only.
If you wish to cancel your subscription, go to My Account, click on the tab Payment Info, and click the button "Cancel Subscription." If you need assistance, please contact customer service by email email@example.com or by phone 877-662-3769. Customer service is available Monday through Friday 9AM - 5PM PST.
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.
Non-Verifiability of Content and Affirmative Obligation to Report Abuse
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 user, information provider, or other third-party individual 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.
Disney has limited ability, if any, to oversee the quality, safety, morality, legality, truthfulness or accuracy of the content of communications between users. You therefore have an obligation to report all inappropriate behavior to Disney immediately. If you continue to have problematic interactions with other users, then you must stop using the Service immediately.
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 emailing our customer service center at MemberServices@DisneyDigitalBooks.com. Upon cancellation you will no longer have access to your subscription to the Service. Disney may terminate your Account or access rights to this Service immediately without notice for any reason or no reason in our sole and absolute discretion. 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.
This Service is controlled and operated by Disney from its offices within the State of California, United States of America. Use of the Service is limited to the United States and Canada, and those who choose to access this Service from other locations do so in violation of this Agreement. By downloading or using the Software, you represent and warrant that you not located in the United States or Canada. Disney makes no representation that materials in the Service are appropriate or available for use in other locations.
Those who nevertheless access this Service from locations outside of the United States or Canada 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, 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, as applicable.
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. By using the Service, you hereby consent to the personal jurisdiction of the courts of Los Angeles County, California, and agree that all disputes will be handled within the jurisdiction of Los Angeles County, California.
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.