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| Terms of Use | ||
1. INTRODUCTION |
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4. SUBMISSIONS
We are pleased to hear from our visitors and welcome
your comments regarding our products and services. Unfortunately,
however, our long-standing company policy does not allow us to accept
or consider unsolicited creative ideas, suggestions or materials.
We hope you will understand that it is the intent of this policy
to avoid the possibility of future misunderstandings when projects
developed by us or under the direction of us might seem to others
to be similar to their own creative work. Please do not send us any
unsolicited materials such as ideas, concepts, pitches, suggestions,
stories, screenplays, treatments, formats, artwork, photographs,
drawings, videos, audiovisual works, musical compositions (including
lyrics), sound recordings, program formats, characterizations and/or
other similar materials ("Unsolicited Submissions").
If, despite our request, you intentionally or unintentionally
send us Unsolicited Submissions, or through features or activities
on any WDIG Site (including, without limitation, games, sweepstakes,
contests, promotions and Public Forums (defined below in section
6 labeled "PUBLIC FORUMS AND COMMUNICATION")), you submit,
post or otherwise send us any information, content or materials including,
without limitation, data, text, messages, files, images, photographs,
videos, audiovisual works, musical compositions (including lyrics),
sound recordings, postings, your and/or other persons' names, likenesses,
voices, usernames, profiles, actions, appearances, performances and/or
other biographical information or material, and any other materials,
as well as links to data, text, files, images, photographs, videos,
audiovisual works, musical compositions (including lyrics), sound
recordings, postings, your and/or other persons' names, likenesses,
voices, usernames, profiles, actions, appearances, performances and
other biographical information or material, web pages and any other
materials (collectively, "User-Generated Content")
through such features or activities (such User-Generated Content,
together with Unsolicited Submissions, the "Submissions"),
we (and our licensees, distributors, agents, representatives and
other authorized users)shall be entitled to unrestricted use of such
Submissions for any purpose whatsoever, commercial or otherwise,
without the requirement of any permission from or payment to you
or to any other person or entity. If there exists any doubt or ambiguity
about whether any User-Generated Content constitutes a Submission,
such User-Generated Content shall be conclusively deemed to be a
Submission. No Submission shall be subject to any obligation of confidentiality
on our part and we shall not be liable for any use or disclosure
of any Submission. Without limiting the foregoing, you hereby grant
us (and our licensees, distributors, agents, representatives and
other authorized users), without the requirement of any permission
from or payment to you or to any other person or entity, a perpetual,
non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable
and transferable worldwide license to use, re-use, reproduce, transmit,
print, publish, display, exhibit, distribute, re-distribute, copy,
host, store, cache, archive, index, categorize, comment on, broadcast,
stream, edit, alter, modify (including, without limitation, removing
lyrics and music from any Submission or substituting the lyrics and
music in any Submission with music and lyrics selected by us), adapt,
translate, create derivative works based upon and publicly perform
such Submissions, in whole or in part, in all media formats and channels
now known or hereafter devised (including, without limitation, on
WDIG Sites, on third party web sites, on our broadcast and cable
networks and stations, and on our broadband and wireless platforms,
products and services) for any and all purposes including, without
limitation, news, advertising, promotional, marketing, publicity,
trade or commercial purposes, all without further notice to you and
with or without attribution (the "Submissions License").
To the extent that any Submissions submitted by you 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) 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
hereby grant us (and our licensees, distributors, agents, representatives
and other authorized users) a perpetual, non-exclusive and irrevocable
license to publicly perform each and every musical composition (including
lyrics) contained in such Submissions. To the extent that we solicit
Submissions through features or activities on WDIG Sites (including,
without limitation, 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); provided however, that such license shall be conditioned
upon your assignment of all rights in the work you create to us (and
our licensees, distributors, agents, representatives and other authorized
users). If such rights are not assigned to us (and our licensees,
distributors, agents, representatives and other authorized users),
your license to create material 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.
You agree that any Submissions you make are 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.
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.
The terms of the Submissions License shall govern our
right to use all Submissions. If terms other than the Submissions
License govern the submission of, and our right to use, User-Generated
Content submitted in connection with a particular WDIG Site feature
or activity, such other terms shall be posted at the applicable WDIG
Site feature or activity and shall supersede the terms of the Submissions
License; provided however, that in such instances, all provisions
of these terms of use other than the Submissions License shall continue
to apply to such WDIG Site feature or activity (unless otherwise
stated in the terms and conditions applicable to the particular WDIG
Site feature or activity).
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.
5. REGISTRATION
INFORMATION AND SECURITY
You agree to provide, maintain and update true, accurate,
current and complete information about yourself as prompted by our
registration processes (the "Registration Data").
If you provide any information that does not satisfy this provision,
or we have reasonable grounds to suspect as much, we have the right
to suspend or terminate your account and refuse any and all current
or future use of any WDIG Site (or any portion thereof).
You also agree (a) 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 explicitly disclaim liability for any and all losses
and damages arising from your failure to comply with this section.
6. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature
offered as part of any WDIG Site that enables users or visitors of any WDIG
Site (a) to submit, post, display and/or view User-Generated Content and/or
(b) to communicate, share or exchange User-Generated Content with other WDIG
Site users, visitors and members of the general public including, without
limitation, a chat area, message board, instant messaging, mobile messaging,
social community environment, profile page, conversation page, e-mail function
(including, but not limited to, electronic greeting cards and send-a-friend
e-mails).
You acknowledge that anything you submit to a WDIG Site
by way of any Public Forum may be routed through our servers, the
servers of one or more third parties on our behalf and the Internet,
and may be viewed on the Internet by the general public and that,
therefore, you have no expectation of privacy with regard to any
such submission. You acknowledge that Public Forums and features
offered therein are for public and not private communications. Please
keep in mind that whenever you give out personal information online,
through any media, including without limitation, a Public Forum,
that information can be collected and used by people you don't know.
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 User-Generated
Content submitted and/or posted under your username or otherwise
by you in any Public Forum and for the consequences of submitting
and posting same. You acknowledge that the use of User-Generated
Content 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 reserve the right to screen, refuse to post, remove
or edit User-Generated Content at any time and for any or no reason
in our absolute and sole discretion without prior notice, although
we have no duty to do so or to monitor any Public Forum. If we elect
to screen User-Generated Content, there may be a delay in the posting
of such content in a Public Forum to allow for a review process.
If we have questions about your User-Generated Content including,
without limitation, the copyright, we may contact you for further
information including, for example, to verify that you own the copyright
or otherwise obtained permission to post the material.
When participating in a Public Forum, never assume that
people are who they say they are, know what they say they know, or
are affiliated with whom they say they are affiliated with. Information
obtained in a Public Forum may not be reliable, and it is not a good
idea to take any action, including to trade or make any investment
decisions, based solely or largely on information you cannot confirm.
We cannot be responsible for the accuracy of any User-Generated Content
contained in a Public Forum, and we shall not be responsible for
any trading, investment, or any other decisions made or actions taken
or not taken based on such information or content.
Your ability to access and browse User-Generated Content
within a Public Forum and/or to submit and/or post User-Generated
Content within a Public Forum may be subject to certain age restrictions
and/or related procedures that we may revise in our sole discretion
at any time and for any reason. Any such age restrictions and procedures
will be posted within the Public Forum, as applicable. back to top
7. HOUSE
RULES
The following is a list of House Rules applicable to
the WDIG Sites. By using the WDIG Sites, you agree that:
- You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute 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; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled "SUBMISSIONS");
- 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 use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User-Generated Content that you submit, post, upload, distribute or otherwise make available or transmit. As stated above with respect to the Submissions License (set forth above in section 4 labeled "SUBMISSIONS"), to the extent that any Submissions submitted and/or posted by you 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) contained in such Submissions are available for licensing to us directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions;
- You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on any WDIG Site (including, without limitation, electronic greeting cards, e-mail functions (e.g., send-a-friend e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind;
- You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the WDIG Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the WDIG Sites;
- You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;
- You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
- You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
- You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum's restrictions including, but not limited to, its age restrictions, procedures and/or these terms of use; and
- You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
We
cannot and do not assure that other users are or will be complying
with the foregoing House Rules 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.
To the extent that any feature on a WDIG Site requires
you to submit your e-mail address or mobile phone number in order
to send a card, e-mail or message, you must, and you hereby agree
to, furnish your actual e-mail address or actual mobile phone number,
as applicable. Any business use, "re-mailing," or other
high-volume application is strictly prohibited. You are not permitted
to send cards, e-mails or messages using an automated program. Electronic
greeting cards, e-mails and mobile messages may not contain inappropriate
language or images or copyrighted material (without the consent of
the copyright holder) or encourage illegal activity. We reserve the
right not to deliver electronic greeting cards, e-mails and mobile
messages that violate these guidelines.
WE MAY CHANGE THE WDIG SITES OR DELETE CONTENT OR FEATURES IN ANY
WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
8. OUR CONTENT REMOVAL RIGHTS
We reserve the right, but disclaim any obligation or
responsibility, to remove any User-Generated Content from any WDIG
Site (a) that violates these terms of use (including, without limitation,
the House Rules) and (b) to comply with any subpoena, order or otherwise
cooperate with law enforcement officials regarding the identification
of any user alleged to be using a WDIG Site in violation of the law.
If we deem appropriate in our sole discretion, we reserve the right
to preserve a record of any such User-Generated Content and turn
all or a portion thereof over to law enforcement officials.
9. CONTENT
LINKED TO ANY WDIG SITE
You should be aware that when you are on a WDIG Site,
you could be directed to other sites that are beyond our control.
There are links to other sites from pages on WDIG Sites that take
you outside of our service. For example, if you click on a banner
advertisement or a search result, the click may take you off the
WDIG Site. This includes 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 a link that leaves a WDIG
Site, the site you will land on is not controlled by us and different
terms of use and privacy policy may apply. By clicking on links to
other sites, you acknowledge that we are not responsible for those
sites. We reserve the right to disable links from third-party sites
to any WDIG Site, although we are under no obligation to do so.
We make no representations concerning the content of
sites listed in any of our directories. Consequently, we cannot be
held responsible for the accuracy, relevancy, copyright compliance,
legality, or decency of material contained in sites listed in our
search results or otherwise linked to a WDIG Site.
10. DISCLAIMER
THE INFORMATION, CONTENT AND MATERIALS
ON WDIG SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN INFORMATION, CONTENT AND MATERIALS ON ANY
WDIG SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED
CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WDIG
SITE OR THE SERVERS THAT MAKE SUCH INFORMATION,
CONTENT AND MATERIALS 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 INFORMATION, CONTENT, MATERIALS,
PRODUCTS OR SERVICES CONTAINED ON OR OFFERED,
MADE AVAILABLE THROUGH, OR OTHERWISE RELATED
IN ANY WAY TO ANY WDIG SITE, INCLUDING, WITHOUT
LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD
PARTY SITES OR SERVICES LINKED TO FROM ANY WDIG
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
completeness or availability of information, content and materials
found on sites that link to or from any WDIG Site. We 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 information, content or materials contained on our
sites (including, without limitation, User-Generated Content contained
in Public Forums). We do not endorse any of the merchandise, nor
have we taken any steps to confirm the accuracy, completeness or
reliability of, any of the information, content or materials contained
on any third-party site. We do not make any representations or warranties
as to the security of any information, content or materials (including,
without limitation, credit card and other personal information) you
might be requested to give to any third party. You hereby irrevocably
waive any claim against us with respect to information, content and
materials contained on our sites (including, without limitation,
User-Generated Content), on third party sites, and any information,
content and materials you provide to such third party sites (including,
without limitation, credit card and other personal information).
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.
11. SUBSCRIPTIONS/BILLING
Some services offered on WDIG Sites are subscription-based
services, such as ESPN Insider, Disney's Blast, Disney's Toontown
Online. Please refer to the Member Service Agreement for the applicable
subscription-based service for specific terms and conditions applicable
thereto.
12. INDEMNIFICATION
You are entirely 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, without limitation, 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 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.
13. LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES INCLUDING, WITHOUT LIMITATION, 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, MATERIALS OR FUNCTIONS
ON ANY SUCH SITE, 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,
BUT NOT LIMITED TO, 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 AND LICENSEES, OR ANY OF THE
FOREGOING ENTITIES' RESPECTIVE RESELLERS,
DISTRIBUTORS, SERVICE PROVIDERS AND 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 INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT
AND TECHNICAL FAILURES, ELECTRICAL POWER
FAILURES OR FLUCTUATIONS, STRIKES, LABOR
DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES
OF LABOR OR MATERIALS, NATURAL DISASTERS,
ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS
OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, ORANY REASONS
BEYOND THE REASONABLE CONTROL OF US OR OUR
LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING
ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS,
SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER
WE OUR LICENSORS AND LICENSEES, NOR ANY OF
THE FOREGOING ENTITIES' RESPECTIVE RESELLERS,
DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS
ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY
BETWEEN THE WDIG SITES AND ANY WEB SITE,
SERVICE, SOFTWARE OR HARDWARE OR (B) ANY
DELAYS OR FAILURES YOU MAY EXPERIENCE WITH
ANY TRANSMISSIONS OR TRANSACTIONS RELATING
TO THE WDIG SITES IN AN ACCURATE OR TIMELY
MANNER.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
IN THIS SECTION AND ELSEWHERE IN THESE TERMS
OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR THE EXCLUSION, LIMITATION, OR DISCLAIMER
LIABILITY FOR THE CERTAIN PROVISIONS SET
FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS,
LIMITATIONS OR DISCLAIMERS MAY NOT APPLY
TO YOU.
14. JURISDICTIONAL
AND VENUE ISSUES
You agree that any action at law or in equity arising
out of or relating to these terms of use 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 information,
content or materials on any WDIG Site are 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, but not limited to, any applicable
local laws.
15. AMENDMENT
We reserve the right, in our sole discretion, to change,
modify, add or delete portions of these terms of use at any time
without notice, and it is your responsibility to review these terms
of use for any changes. Your use of any WDIG Site following any amendment
of these terms of use will signify and constitute your assent to
and acceptance of such revised terms of use.
16. TERMINATION
These terms of use are effective until terminated by
either you or us. You may terminate these terms of use at any time
by discontinuing use of all WDIG Sites and destroying all materials
obtained from any and all such sites and all related documentation
and all copies and installations thereof, whether made under these
terms of use or otherwise. In the event that you terminate these
terms of use, you agree to notify us of such termination by sending
notice of such termination by certified United States mail, postage
pre-paid to:
Member Services
WDIG
500 S. Buena Vista Street
Mail Code 7716
Burbank, CA 91521-7663
We may immediately terminate these terms of use with
respect to you (including your access to any and all WDIG Sites)
without cause and without notice to you in our sole discretion. Upon
termination, you must cease use of all WDIG Sites and destroy all
materials obtained from such sites and all copies thereof, whether
made under these terms of use or otherwise.
We have adopted and implemented a policy that provides
for the termination, in appropriate circumstances, of users who are
repeat infringers of copyright.
The provisions of these terms of use, which by their
nature should survive the termination of these terms of use, shall
so survive such termination.
17. 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. YOU
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY WDIG
SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
18. 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 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.
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