Privacy Notice and Terms
PRIVACY NOTICE:
We value your trust. We want you to know how we collect, use and protect information about our online guests. This Privacy Notice will tell you:
• What information we collect.
• How we may share information.
• How we may use information.
What information do we collect?
Information you provide to us.
We receive and may store any information you enter on our website or give to our website in any other way. For example, we collect information you provide when you place an order, register with us, send us an e-mail or call us. This information may include:
• Your name
• Your mailing address
• Your e-mail address
• Your phone number
• Your credit card number
It may also include any other personal or preference information you provide to us.
It may also include information you submit about other people, for example, the name and address of a customer, ship-to address, or gift recipient.
We will never request your password, user name, credit card information or other personal information through e-mail. This practice, called “phishing”, is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond.
Automatic Information.
We may receive and store certain types of information whenever you interact with our website. For example, we use “cookies” like many other websites. Through “cookies” we obtain information when your web browser accesses our website.
How may we share that information?
Third Party Websites that Complete Product Sales and Pre-Order Transactions
A third party website may complete the sales or order transactions for certain Products offered for sale or pre-order on the DISNEY-WOW.COM website. When you purchase or order products from this website, the applicable third party websites may also receive your information that is related to and necessary to complete those transactions. You should review the privacy policies of any such third party websites since those policies may also apply to your information that is used in connection with your product purchases and orders.
Service Providers
Our website also may share information with companies that provide support services to us such as a customer service representative, account representative, fulfillment warehouse, printer, mailing house or web host that help us fulfill, ship, and/or market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.
Protection of Our Website and Others
We may disclose information you provide to our website when we believe disclosure is appropriate to comply with the law; to enforce or apply our Terms of Use and other agreements; or to protect the rights, property or safety of our website, our users or others.
Business Transfers
If some or all of the business assets of our website are sold or transferred, we generally would transfer the corresponding information regarding our guests. We also may retain a copy of that guest information.
How do we use information about you?
We use your information in connection with the services we provide to you, and in connection with our communications with you about those services and about your account, and in connection with your purchases, orders and inquiries relating to the DISNEY-WOW.COM website and products offered therein. We do not sell your information.
Your Consent
By using our website, you consent to our use of information that is collected or submitted as described in this online privacy notice. We may change or add to this privacy notice so we encourage you to review it periodically. This privacy notice was last updated in January 2011.
TERMS OF USE:
THE DISNEY-WOW.COM WEBSITE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS WEBSITE OR PROVIDE R&B FILMS WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.
Welcome to the DISNEY-WOW.COM website. R&B Films, Ltd. and its licensors and licensees (“We”) provide the DISNEY-WOW.COM website to you subject to the following conditions.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DISNEY-WOW.COM WEBSITE. By using this website or by purchasing any product from this website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the DISNEY-WOW.COM website or purchase any product from the DISNEY-WOW.COM website. In addition, if you purchase or order products through the DISNEY-WOW.COM website, you may be directed to third party sites to complete such transactions and you also will be subject to the guidelines, terms and agreements (“Third Party Terms”) applicable to such third party sites. If these conditions are inconsistent with such Third Party Terms, the Third Party Terms will control.
1. PRIVACY
Please review our Privacy Notice, which also governs your visit to the DISNEY-WOW.COM website, to understand our practices.
2. ELECTRONIC COMMUNICATIONS
When you visit the DISNEY-WOW.COM website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on the DISNEY-WOW.COM website 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 DISNEY-WOW.COM website 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 the DISNEY-WOW.COM website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the DISNEY-WOW.COM website, except that where the DISNEY-WOW.COM website 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 the DISNEY-WOW.COM website is prohibited.
In the event that we offer downloads of software on the DISNEY-WOW.COM website 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.
4. NO UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our company policy does not allow us to accept or consider unsolicited submissions so please do not submit any content, other than Registration Data (as defined below) or other account-related information, on or through the DISNEY-WOW.COM website. 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. If you submit any content despite our request that you refrain from doing so, 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, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose any submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.
5. ACCOUNTS
Some services on the DISNEY-WOW.COM website may 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 wow@rbfilms.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 the DISNEY-WOW.COM website. 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 the DISNEY-WOW.COM website 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.
6. CONTENT ACCESSIBLE THROUGH LINKS FROM THE DISNEY-WOW.COM WEBSITE AND SEARCH RESULTS
You should be aware that when you are on the DISNEY-WOW.COM website, there may be 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 the DISNEY-WOW.COM website 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.
7. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE DISNEY-WOW.COM WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE DISNEY-WOW.COM WEBSITE 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 THE DISNEY-WOW.COM WEBSITE 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).
Reliance on any information appearing on the DISNEY-WOW.COM website is strictly at your own risk.
The DISNEY-WOW.COM website 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 the DISNEY-WOW.COM website is 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.
8. PRODUCT WARRANTIES.
All products (“Product”) purchased from the DISNEY-WOW.COM website are subject to the warranties, disclaimers of warranties, and limitations on liability that are provided with such Product. IN THE ABSENCE OF A PRINTED WARRANTY INCLUDED WITH SUCH PRODUCTS, THE FOLLOWING PROVISION SHALL APPLY, AS SHALL THE LIMITATION ON LIABILITY SET FORTH IN SECTION 10:
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT, INCLUDING ALL CONTENT CONTAINED THEREIN, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE PRODUCT AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. R&B FILMS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE PRODUCT AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, R&B FILMS AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCT OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCT OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE PRODUCT OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM R&B FILMS AND ITS SUPPLIERS AND SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. YOU ACKNOWLEDGE THAT THE PRODUCT IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. R&B FILMS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE PRODUCT WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR EQUIPMENT OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR EQUIPMENT. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR EQUIPMENT TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT R&B FILMS AND ITS SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE PRODUCT PROVE DEFECTIVE, YOUR SOLE REMEDY SHALL BE TO RETURN THE PRODUCT FOR REPLACEMENT OR REFUND, IN R&B FILMS’ DISCRETION.
9. 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 DISNEY-WOW.COM website 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.
10. 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, THE DISNEY-WOW.COM WEBSITE OR CONTENT, OR (B) THE USE OR MISUSE OF THE PRODUCT, OR (C) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE DISNEY-WOW.COM WEBSITE 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 RELATING TO THE PRODUCT OR TO YOUR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE DISNEY-WOW.COM WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS). 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 THE DISNEY-WOW.COM WEBSITE OR CHANGE THE DISNEY-WOW.COM WEBSITE OR DELETE OR CHANGE CONTENT, FEATURES AND PRODUCTS 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.
11. 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 DISNEY-WOW.COM website shall be filed, and that venue properly lies, only in state or federal courts serving Nassau County, 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 the DISNEY-WOW.COM website is appropriate or available for use in any particular location. Those who choose to access the DISNEY-WOW.COM website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
12. 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 DISNEY-WOW.COM website. 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 DISNEY-WOW.COM website. 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.
13. 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 THE DISNEY-WOW.COM WEBSITE 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 the DISNEY-WOW.COM website is subject to United States export control and economic sanctions requirements. By acquiring any such items through the DISNEY-WOW.COM website, 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 the DISNEY-WOW.COM website 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.
14. 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:
R&B Film and Video Services, Ltd.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Richard J. Casey
Full Address of Designated Agent to Which Notification Should be Sent:
1057 Lakeville Road, New Hyde Park, NY 11040.
Telephone Number of Designated Agent:
310-310-5891
E-Mail Address of Designated Agent:
rcasey@rbfilms.com
Facsimile Number of Designated Agent:
516-326-0282
To be effective, the notification must be a written communication that includes the following:
a. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. 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;
d. 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;
e. 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
f. 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.
Welcome to the DISNEY-WOW.COM website. R&B Films, Ltd. and its licensors and licensees (“We”) provide the DISNEY-WOW.COM website to you subject to the following conditions.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DISNEY-WOW.COM WEBSITE. By using this website or by purchasing any product from this website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the DISNEY-WOW.COM website or purchase any product from the DISNEY-WOW.COM website. In addition, if you purchase or order products through the DISNEY-WOW.COM website, you may be directed to third party sites to complete such transactions and you also will be subject to the guidelines, terms and agreements (“Third Party Terms”) applicable to such third party sites. If these conditions are inconsistent with such Third Party Terms, the Third Party Terms will control.
1. PRIVACY
Please review our Privacy Notice, which also governs your visit to the DISNEY-WOW.COM website, to understand our practices.
2. ELECTRONIC COMMUNICATIONS
When you visit the DISNEY-WOW.COM website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on the DISNEY-WOW.COM website 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 DISNEY-WOW.COM website 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 the DISNEY-WOW.COM website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the DISNEY-WOW.COM website, except that where the DISNEY-WOW.COM website 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 the DISNEY-WOW.COM website is prohibited.
In the event that we offer downloads of software on the DISNEY-WOW.COM website 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.
4. NO UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our company policy does not allow us to accept or consider unsolicited submissions so please do not submit any content, other than Registration Data (as defined below) or other account-related information, on or through the DISNEY-WOW.COM website. 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. If you submit any content despite our request that you refrain from doing so, 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, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose any submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.
5. ACCOUNTS
Some services on the DISNEY-WOW.COM website may 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 wow@rbfilms.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 the DISNEY-WOW.COM website. 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 the DISNEY-WOW.COM website 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.
6. CONTENT ACCESSIBLE THROUGH LINKS FROM THE DISNEY-WOW.COM WEBSITE AND SEARCH RESULTS
You should be aware that when you are on the DISNEY-WOW.COM website, there may be 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 the DISNEY-WOW.COM website 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.
7. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE DISNEY-WOW.COM WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE DISNEY-WOW.COM WEBSITE 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 THE DISNEY-WOW.COM WEBSITE 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).
Reliance on any information appearing on the DISNEY-WOW.COM website is strictly at your own risk.
The DISNEY-WOW.COM website 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 the DISNEY-WOW.COM website is 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.
8. PRODUCT WARRANTIES.
All products (“Product”) purchased from the DISNEY-WOW.COM website are subject to the warranties, disclaimers of warranties, and limitations on liability that are provided with such Product. IN THE ABSENCE OF A PRINTED WARRANTY INCLUDED WITH SUCH PRODUCTS, THE FOLLOWING PROVISION SHALL APPLY, AS SHALL THE LIMITATION ON LIABILITY SET FORTH IN SECTION 10:
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT, INCLUDING ALL CONTENT CONTAINED THEREIN, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE PRODUCT AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. R&B FILMS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE PRODUCT AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, R&B FILMS AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCT OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCT OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE PRODUCT OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM R&B FILMS AND ITS SUPPLIERS AND SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. YOU ACKNOWLEDGE THAT THE PRODUCT IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. R&B FILMS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE PRODUCT WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR EQUIPMENT OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR EQUIPMENT. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR EQUIPMENT TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT R&B FILMS AND ITS SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE PRODUCT PROVE DEFECTIVE, YOUR SOLE REMEDY SHALL BE TO RETURN THE PRODUCT FOR REPLACEMENT OR REFUND, IN R&B FILMS’ DISCRETION.
9. 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 DISNEY-WOW.COM website 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.
10. 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, THE DISNEY-WOW.COM WEBSITE OR CONTENT, OR (B) THE USE OR MISUSE OF THE PRODUCT, OR (C) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE DISNEY-WOW.COM WEBSITE 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 RELATING TO THE PRODUCT OR TO YOUR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE DISNEY-WOW.COM WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS). 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 THE DISNEY-WOW.COM WEBSITE OR CHANGE THE DISNEY-WOW.COM WEBSITE OR DELETE OR CHANGE CONTENT, FEATURES AND PRODUCTS 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.
11. 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 DISNEY-WOW.COM website shall be filed, and that venue properly lies, only in state or federal courts serving Nassau County, 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 the DISNEY-WOW.COM website is appropriate or available for use in any particular location. Those who choose to access the DISNEY-WOW.COM website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
12. 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 DISNEY-WOW.COM website. 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 DISNEY-WOW.COM website. 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.
13. 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 THE DISNEY-WOW.COM WEBSITE 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 the DISNEY-WOW.COM website is subject to United States export control and economic sanctions requirements. By acquiring any such items through the DISNEY-WOW.COM website, 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 the DISNEY-WOW.COM website 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.
14. 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:
R&B Film and Video Services, Ltd.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Richard J. Casey
Full Address of Designated Agent to Which Notification Should be Sent:
1057 Lakeville Road, New Hyde Park, NY 11040.
Telephone Number of Designated Agent:
310-310-5891
E-Mail Address of Designated Agent:
rcasey@rbfilms.com
Facsimile Number of Designated Agent:
516-326-0282
To be effective, the notification must be a written communication that includes the following:
a. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. 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;
d. 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;
e. 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
f. 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.