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INTRODUCTION
Welcome to the Internet sites of the Walt Disney Internet Group ("WDIG").
"WDIG Sites" include Disney.com, ABCNEWS.com, ABC.com, ESPN.com,
DisneyShopping.com, Go.com, Movies.com, FamilyFun.com, and other Internet sites on
which these terms of use are posted. 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".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WDIG SITE. By
using any WDIG Site or by clicking a box that states that you accept or agree to
these terms, you signify your agreement to these terms of use. If you do not agree
to these terms of use, you may not use the WDIG Sites.
Note that special terms apply to some services offered on certain WDIG Sites,
like subscription-based services, rules for particular contests or sweepstakes or
other features or activities. These terms are posted in connection with the
applicable service. Any such terms are in addition to these terms of use, and in
the event of a conflict, prevail over these terms of use.
You acknowledge that these terms of use are supported by reasonable and valuable
consideration, the receipt and adequacy of which are hereby acknowledged. 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.
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USE OF CONTENT
All information, materials, functions and other content (including Submissions,
as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on
WDIG 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 WDIG
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 WDIG Site may be
used, reproduced, transmitted, distributed or otherwise exploited in any way other
than as part of the WDIG Site, except that where a WDIG 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 WDIG Sites is
prohibited.
In the event that we offer downloads of software on a WDIG 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.
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SUBMISSIONS
In these terms of use, we use the word "Submissions" to mean text,
messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments,
formats, artwork, photographs, drawings, videos, audiovisual works, musical
compositions (including lyrics), sound recordings, characterizations, your and/or
other persons' names, likenesses, voices, usernames, profiles, actions,
appearances, performances and/or other biographical information or material, and/or
other similar materials that you submit, post, upload, embed, display, communicate
or otherwise distribute (collectively, "Distribute") on or through a WDIG
Site.
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
WDIG 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 WDIG 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 WDIG 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)..
Except as expressly stated in these terms of use, the provisions of these terms
of use apply equally to Unsolicited Submissions and Solicited Submissions.
Accordingly, we, our licensees, distributors, agents, representatives and other
authorized users shall be entitled to exploit and disclose all Submissions, and we
shall not be liable to you or to any person claiming through you for any
exploitation or disclosure of any Submission.
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LICENSES AND REPRESENTATIONS
You 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 WDIG
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").
By communicating a Submission, you represent and warrant that the Submission and
your communication thereof conform to the Rules of Conduct (set forth below in
Section 7 labeled "RULES OF CONDUCT")) and other requirements of these terms of use
and that you own or have the necessary rights, licenses, consents and permissions,
without the need for any permission from or payment to any other person or entity,
to exploit, and to authorize us to exploit, such Submission in all manners
contemplated by these terms of use (including the Submissions License). These terms
of use (including the Submissions License) do not limit any past or future grant of
rights, consents, agreements, assignments and waivers you may have made or make
with respect to Submissions.
To the extent that any Submissions you Distribute on or through WDIG 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 WDIG 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.
You hereby appoint us as your agent with full power to enter into and execute
any document and/or do any act we may consider appropriate to confirm the grant of
rights, consents, agreements, assignments and waivers set forth in these terms of
use.
To the extent any "moral rights," "ancillary rights," or similar rights in or to
the Submissions exist and are not exclusively owned by us, you agree not to enforce
any such rights as to us or our licensees, distributors, agents, representatives
and other authorized users, and you shall procure the same agreement not to enforce
from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of
rights, consents, agreements, assignments, and waivers you may make with respect to
Submissions, you hereby ratify any prior grant of rights, consents, agreements,
assignments and waivers made by you with respect to Submissions submitted by you to
us.
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ACCOUNTS
Some services on the WDIG Sites permit or require you to create an account to
participate or to secure additional benefits. You agree to provide, maintain and
update true, accurate, current and complete information about yourself as prompted
by our registration processes (the "Registration Data"). You shall not
impersonate any person or entity or misrepresent your identity or affiliation with
any person or entity, including using another person's username, password or other
account information, or another person's name, likeness, voice, image or
photograph. You also agree to promptly notify us at security_breach@help.go.com of any
unauthorized use of your username, password, other account information, or any
other breach of security that you become aware of involving or relating to any WDIG
Site. In addition, you agree to exit from your account at the end of each
session.
We may suspend or terminate your account and your ability to use any WDIG Site
or portion thereof for failure to comply with these terms of use or any special
terms related to a particular service, for infringing copyright, or for any other
reason whatsoever.
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PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of any WDIG
Site that offers the opportunity for users to Distribute Submissions for viewing by
one or more WDIG 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 WDIG 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.
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RULES OF CONDUCT
The following Rules of Conduct apply to the WDIG Sites. By using the WDIG 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 WDIG Sites or any connected network, or otherwise
interferes with any person or entity's use or enjoyment of the WDIG Sites;
or
- (a) does not generally pertain to the designated topic or theme of the
relevant Public Forum; (b) violates any specific restrictions applicable to a
Public Forum, including its age restrictions and procedures; or (c) is
antisocial, disruptive, or destructive, including "flaming," "spamming,"
"flooding," "trolling," and "griefing" as those terms are commonly understood and
used on the Internet.
We cannot and do not assure that other users are or will be complying with the
foregoing Rules of Conduct or any other provisions of these terms of use, and, as
between you and us, you hereby assume all risk of harm or injury resulting from any
such lack of compliance.
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COOPERATION; REMOVAL OF SUBMISSIONS
We reserve the right, but disclaim any obligation or responsibility, to (a)
refuse to post or communicate or remove any Submission from any WDIG Site that
violates these terms of use (including the Rules of Conduct) and (b) identify any
user to third parties, and/or disclose to third parties any Submission or
personally identifiable information, when we believe in good faith that such
identification or disclosure will either (i) facilitate compliance with laws,
including, for example, compliance with a court order or subpoena, or (ii) help to
enforce these terms of use (including the Rules of Conduct) and/or our contest,
sweepstakes, promotions, and game rules, and/or protect the safety or security of
any person or property, including any WDIG Site. Moreover, we retain all rights to
remove Submissions at any time for any reason or no reason whatsoever.
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CONTENT ACCESSIBLE THROUGH LINKS FROM WDIG SITES AND SEARCH RESULTS
You should be aware that when you are on a WDIG Site, there are links to other
sites that take you outside of our service to sites that are beyond our control,
such as banner advertisements and links from advertisers, sponsors and content
partners that may use our logo(s) as part of a co-branding relationship. You
acknowledge that when you click on any of the aforementioned links, the sites you
are taken to are not controlled by us; different terms of use and privacy policy
may apply, and we are not responsible for such sites. We do not endorse and 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 any WDIG Site or third-party Content
contained on our sites. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline
transaction with any third parties.
Nor can we be held responsible for the accuracy, relevance, legality or decency
of material contained on sites retrieved in searches and/or listed in search
results or identified on search results pages.
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DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO WDIG SITES OR ANY
THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY WDIG 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 WDIG 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
WDIG Site is strictly at your own risk.
WDIG 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 WDIG 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 WDIG 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.
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INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s),
password(s), and your account(s), as well as all activities that occur under your
account(s). You hereby agree to indemnify, defend, and hold us, our licensors,
licensees, distributors, agents, representatives and other authorized users, and
each of the foregoing entities' respective resellers, distributors, service
providers and suppliers, and all of the foregoing entities' respective officers,
directors, owners, employees, agents, representatives and assigns (collectively,
the "Indemnified Parties") harmless from and against any and all losses,
damages, liabilities and costs (including settlement costs and any legal or other
fees and expenses for investigating or defending any actions or threatened actions)
incurred by the Indemnified Parties in connection with any claim arising out of any
breach by you of these terms of use or claims arising from your use of the WDIG
Sites and/or your account(s). You shall use your best efforts to cooperate with us
in the defense of any claim. We reserve the right, at our own expense, to employ
separate counsel and assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
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LIMITATION OF LIABILITY
UNDER 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 WDIG SITE
OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER
OF A WDIG SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER
IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF
THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR
SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR
REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO WDIG SITES OR CHANGE THE WDIG
SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR
NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND
ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
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JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to
these terms of use or the WDIG Sites shall be filed, and that venue properly lies,
only in state or federal courts located in the borough of Manhattan, New York, New
York, and you hereby consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action. We make no representation that
Content on any WDIG Site is appropriate or available for use in any particular
location. Those who choose to access a WDIG Site do so on their own initiative and
are responsible for compliance with all applicable laws including any applicable
local laws.
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AMENDMENT
At any time, we may amend these terms of use (including by modification,
deletion and/or addition of any portion thereof). If we make a material amendment
to these terms of use, we will notify you of such amendment by sending you an
e-mail at the last e-mail address that you provided us, and/or by posting notice of
such amendment on the Web sites covered by these terms of use. Any such amendment
to these terms of use will be effective thirty (30) calendar days following either
our dispatch of an e-mail notice to you or our posting of notice of the changes on
the Web Sites. Please note that, at all times, you are responsible for updating
your personal information to provide us your current e-mail address. 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 any amendment described in the notice.
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GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the
laws of the State of New York and the laws of the United States, without giving
effect to any principles of conflicts of law. If any provision of these terms of
use shall be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these terms of use and shall not affect the validity
and enforceability of any remaining provisions. No waiver of any provision of these
terms of use by us shall be deemed a further or continuing waiver of such provision
or any other provision, and our failure to assert any right or provision under
these terms of use shall not constitute a waiver of such right or provision. In
these terms of use, the word "including" is used illustratively, as if followed by
the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE
ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY WDIG SITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF
ACTION SHALL BE PERMANENTLY BARRED.
Supply of goods, services and software through WDIG Sites is subject to United
States export control and economic sanctions requirements. By acquiring any such
items through WDIG 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
WDIG 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.
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CLAIMS OF COPYRIGHT INFRINGEMENT
We 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: WDIG
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:
- A physical or electronic signature of person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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
- 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 WDIG 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:
- 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;
- 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
- 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 WDIG 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.
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ATTRIBUTION AND NOTICES
The following provisions apply to certain third party Content made available on
certain WDIG Sites. Where applicable, the following provisions apply in lieu of any
specifically inconsistent provisions above. However, in other circumstances, the
following provisions shall not limit or be applied in construing any provisions
above.
Associated Press. ("AP") text, photo, graphic, audio, and/or video
material shall not be published, broadcast, rewritten for broadcast or publication,
or redistributed directly or indirectly in any medium. Neither these AP materials
nor any portion thereof may be stored in a computer except for personal and
noncommercial use. Users may not download or reproduce a substantial portion of the
AP material found on this web site. AP will not be held liable for any delays,
inaccuracies, errors, or omissions therefrom or in the transmission or delivery of
all or any part thereof, or for any damages arising from any of the foregoing.
S& P ComStock, Inc. ("Comstock") and Standard & Poor's Investment
Advisory Services, Inc. ("SPIAS" and, together with Comstock, referred to
herein as "S&P"). All information provided by Comstock, SPIAS (through
its S&P Personal Wealth service), and their affiliates (collectively, the
"S&P Information") on this site is owned by or licensed to such entities
and you are permitted to store, manipulate, analyze, reformat, print and display
the S&P Information only for your personal use. In no event shall you publish,
retransmit, redistribute, or otherwise reproduce any S&P Information in any
format to anyone, nor shall you use any S&P Information in or in connection
with any business or commercial enterprise, including, without limitation, any
securities, investment, accounting, banking, legal, or media business or
enterprise. All information supplied by Comstock is displayed on a minimum fifteen
(15)-minute-delayed basis. Prior to the execution of a security trade based upon
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