TERMS
OF USE
AGREEMENT
BETWEEN USER ANDDisney
By The Numbers Enterprises, LLC ("DBTN")
This
website is offered to you, the user, conditioned on your acceptance
without modification of the terms, conditions, and notices
contained herein. Please read the information carefully. Your
access to, and use of, this website constitutes your agreement to
all such terms, conditions, and notices.
This
website is not affiliated with, maintained, authorized, endorsed or
sponsored by the Walt Disney Company or any of its affiliates. This
is an independent, unofficial site. All information (including
prices, dates, times, availability) contained on this site is
UNofficial and subject to change without notice.
DBTN owns and operates
Disney by the Numbers ®, COPYRIGHT
AND TRADEMARK NOTICES
Disney,
Walt Disney World, Disneyland, Walt Disney and attraction names are
trademarks or registered trademarks of the Walt Disney Company
and/or Disney Enterprises, Inc. ("Disney"). No infringement on the
Walt Disney Company trademarks are intended. DBTN does not make any
claim to any intellectual property rights associated with
Disney.
Everything
you see, hear or read on this site, all materials, images,
illustrations, data, designs, icons, photographs, videoclips and
written material that is part of this site (unless otherwise noted)
are the property of DBTN and Copyright ©2007
DBTN expressly disclaims any representations or warranties that
your use of materials displayed on this site will not infringe
rights of third parties not owned by or affiliated with
DBTN.
Images
of people or places displayed on this site are the property of DBTN
unless otherwise noted. The use of these images by you, or anyone
else authorized by you is strictly prohibited unless specifically
permitted in writing by DBTN. Any unauthorized use of the images
may violate laws including, but not limited to, copyright laws,
trademark laws, the laws of privacy and publicity and
communications regulations and statutes.
All
other product or brand names are trademarks of their respective
owners.
PERSONAL
AND NONCOMMERCIAL USE LIMITATION
This
website is for your personal information, education, communication,
entertainment, and noncommercial use. You are authorized to make a
single, one-time, copy of a document or part of a document
published on this Site for your personal use provided that our
copyright notice is clearly displayed on your copy. You are not
authorized to download documents, parts of documents, logos and
other materials from our Site for your own commercial or online
purposes without our prior written consent. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any
information, software, products or services found on, or obtained
from, this web site.
SURVEYS
& CONTESTS
From
time to time our site requests information from users via surveys
or contests. Participation in these surveys or contests is
completely voluntary and the user therefore has a choice whether or
not to disclose this information. The requested information
typically includes contact information (such as name and shipping
address), and may include demographic information (such as ZIP
code). Contact information will be used (shared with the
contest/survey sponsors) to notify the winners and award prizes.
Survey information will be used for purposes of monitoring or
improving the use and satisfaction of this site.
Users’ personally identifiable information is not shared with third
parties unless we give prior notice and choice.
LIABILITY
DISCLAIMER
Although
DBTN works very hard to provide you with the most current and
accurate information on this site, DBTN does not warrant or
represent that anything you see on this Site is up-to-date,
error-free or complete. While we may periodically add, modify or
delete any of the information on this site, DBTN does not make any
commitment or assume any obligation or duty to do so. If you find
information on the site that is incorrect, please notify:
DBTN@me.com
IN
NO EVENT SHALL DBTN ENTERPRISES, LLC AND/OR ITS SUBSIDIARIES OR
AFFILIATES OR ADVERTISERS BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS OR
DATA, WHETHER BASED UPON AN ACTION IN CONTRACT OR TORT, AND
REGARDLESS OF WHETHER SUCH A CAUSE OF ACTION ARISES OUT OF THE USE
OR PERFORMANCE OF THIS SITE. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
If
this disclaimer should fail of its essential purpose, then the user
agrees that any claim against DBTN shall be limited to the
claimant's actual damages or $25.00 whichever is less.
If
the user is unwilling to be bound by this site's limitation on
liability and damages, then the user is prohibited from any use of
this site.
DBTN
assumes no responsibility, and shall not be liable for, any damages
to, or viruses that may infect your computer equipment (including
hardware, software, peripherals, files and databases) or other
property on account of your access to, use of, or browsing in this
site, or your downloading of any materials, data, text, graphics,
images, audio or video from this site.
UNLAWFUL
OR PROHIBITED USE
As
a condition of your use of this web site, you warrant to DBTN that
you will not use this Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You shall
comply with all applicable laws, statutes, ordinances and
regulations regarding your use of the Site and posting and
retrieval of information on the site. You are responsible for
paying and/or collecting and remitting all applicable fees and
taxes imposed upon you by the appropriate governmental entity and
incurred in connection with your access to our
servers.
LINKS
TO THIRD-PARTY SITES
This
site contains hyperlinks to web sites operated by parties other
than DBTN. Such hyperlinks are provided for your reference and
convenience only. DBTN does not control such websites, may not have
reviewed such websites and expressly disclaims any responsibility
for their contents. The inclusion of hyperlinks to such websites
does not imply (and DBTN expressly disclaims) any endorsement of
the material on such web sites or any association with their
operators. Linking to any off-site pages is at your own
risk.
EMAILS
AND SUBMITTED MATERIAL
Any
communication or material you transmit or submit to this site or
DBTN by electronic mail or other means, including any data,
questions, comments, suggestions, will be treated as
nonconfidential and nonproprietary. Anything you transmit, submit
or post to this site may be used by DBTN for any purpose,
publication, broadcast and posting without any further consent
from, or notice to, you. DBTN is free to use any ideas, concepts,
know-how or techniques contained in any communication you send to
the site for any purpose whatsoever including, but not limited to,
developing, manufacturing, marketing products or services using
such information.
By
communicating with DBTN you grant a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the
world in any media. You grant DBTN the right to use the name that
you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the
rights to the content that you submit; that the content is
accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that
you will indemnify, defend and hold harmless, DBTN for all claims
resulting from content you supply. DBTN has the right but not the
obligation to monitor and edit or remove any activity or content.
DBTN takes no responsibility and assumes no liability for any
content posted by you or any third party.
GENERAL
Any claim relating
to this agreement or the materials shall by governed by the laws of
the State of New Jersey, United States of America, exclusive of the
choice of law rules thereof. This agreement constitutes the entire
agreement of the parties with respect to the subject matter hereof
and supersedes all prior oral and written agreements. No failure or
delay on the part of DBTN in exercising any right or remedy
hereunder or enforcing the terms and conditions of this agreement
will operate as a waiver thereof. If any part or provision of this
agreement is found to be invalid, unenforceable or void, then the
remaining portion shall remain in full force and effect. Headings
are for convenience only and not for use in interpretation of this
agreement.
You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and DBTN as a result of this
agreement or use of this web site.
DBTN
is concerned with protecting your privacy. You may read the most
recent published
privacy policy statement
here.
This policy may be changed at any time, with or without written
notice. All changes to the privacy policy will be posted on this
site.
Any
rights not expressly granted herein are
reserved.
TERMINATION
DBTN may immediately
terminate any or all of your rights of use if you breach any of
these Terms of Use, or if DBTN is unable to verify or authenticate
any information you provide to us, or for any other reason in our
sole and absolute discretion. In the event of termination, you will
remove all references to this site and DBTN including the link and
logo link, in any, within twenty-four hours of written request by
DBTN.
SPECIAL
NOTICE TO CHILDREN
IF
YOU ARE UNDER 18 YEARS OLD, PLEASE HAVE YOUR PARENT/GUARDIAN READ
THIS POLICY COMPLETELY. PLEASE ASK YOUR PARENT/GUARDIAN TO EXPLAIN
IT TO YOU IF YOU HAVE ANY QUESTIONS.
CHANGES
TO THIS AGREEMENT
DBTN
may at any time in its sole discretion modify the terms of access
to this Site. Your continued use of the Site following any such
modification, shall be deemed acceptance of such
modification.
If
you have any questions about the Terms
of Use, the
practices of this site, or your dealings with this website,
contact:
DBTN@me.com
These
Terms of Use were last reviewed/modified on 01/10/2009