WALT
DISNEY STUDIOS MOTION PICTURES ONLINE GUEST COMMUNITY
MEMBER
AGREEMENT
Introduction.
PLEASE
READ THIS WALT DISNEY STUDIOS MOTION PICTURES ONLINE
GUEST COMMUNITY MEMBER AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.
You
must agree to the following provisions (the "Agreement") and the Terms of Use
posted at http://corporate.disney.go.com/corporate/terms.html
(the "Terms of Use") before you access or otherwise use or participate in the
Walt Disney Studios Motion Pictures (the "Community"). Your use of the
Community web site (the "Web Site") and/or by clicking a box that says you
accept or agree to this Agreement and the Terms of Use, signifies your agreement
with ABC, Inc. dba Walt Disney Studios Motion Pictures ("WDSMP") to be bound by,
and to act in accordance with, the provisions of this Agreement and the Terms of
Use. If you do not wish to agree to this Agreement or the Terms of Use, you may
not use the Web Site.
Membership.
Only
U.S. residents who are 18 years of age or older are permitted to become members
(the "Members") in the Community. Only those who are Members of the Community
may access the Web Site. Your membership in the Community and access to the Web
Site is strictly at the discretion of WDSMP and may be revoked at any time with
or without cause and without notice. WDSMP may add new Members, or revoke
others' membership privileges, to the Community at any time without notice to
you.
Consideration.
WDSMP
will periodically provide to the Members of the Community consideration, the
form of which shall be in WDSMP's sole discretion, for your participation in the
Community. You acknowledge and agree that the foregoing is adequate
consideration for your membership and participation in the Community. Â Such consideration shall be delivered
via postal or electronic mail to you at your home addresses or email address on
file with WDSMP.
It
is understood and agreed that nothing herein contained shall be deemed to create
an employment or agency relationship between you and WDSMP. You shall in no
event be entitled to participate in, or to receive any benefits from, any of
WDSMP's benefit or welfare plans, specifically including, but not limited to,
coverage under WDSMP's workers' compensation program. You shall be solely
responsible for the payment of all federal and state income taxes, social
security taxes, federal and state unemployment insurance and similar taxes and
all other assessments, taxes, contributions or sums payable with respect to you
as a result of or in connection with any compensation received by you hereunder.
Term
and Termination of the Community.
WDSMP
may terminate the Community in its sole discretion, at any time, and for any
reason without notice to you.
Termination
of this Agreement.
This
Agreement is effective until terminated by either you or WDSMP. You may
terminate this Agreement at any time by discontinuing your use of the Web Site
and destroying all materials obtained from the Web Site and all related
documentation and all copies and installations thereof, whether made under this
Agreement or otherwise. In the event that you terminate the Agreement, you agree
to notify us of such termination by sending notice of such termination by e-mail
to helpdesk@cspace.com.
WDSMP
may immediately terminate this Agreement with respect to you (including, without
limitation, your access to the Web Site) in its sole discretion, at any time,
and for any reason without notice to you. Upon termination, you must cease use
of the Web Site and destroy all materials obtained from the Web Site and all
copies thereof, whether made under this Agreement or
otherwise.
Confidentiality.
In
return for your participation in the Community, you must keep confidential, and
you may not disclose to anyone (other than WDSMP and the other Community members
through the Web Site), any of the information that WDSMP, other Community
members or you share with the Community or any ideas or information that are
generated in the Community. You will be given a password that is personal to
you, and you are not permitted to allow any other persons access to the
Community, nor are you permitted to disclose your password to any other person.
The provisions of this paragraph shall survive the expiration or sooner
termination of the Community and the Agreement.
The
Web Site is a Form of Public Communication.
You
acknowledge that you have no expectation of privacy with regard to anything you
submit to the Web Site. You acknowledge that the Web Site is a forum for
communication among potentially numerous individuals. Please keep in mind that
whenever you submit information to the Web Site, that information can be
collected and used by people you don't know. We cannot guarantee the security of
any information you disclose online; you make such disclosures at your own risk.
Privacy
Policy and Terms of Use
Please
read the Privacy Policy available at http://corporate.disney.go.com/corporate/pp.html
and the Terms of Use available at http://corporate.disney.go.com/corporate/terms.html.
Ownership.
YOU
ACKNOWLEDGE AND AGREE THAT ALL COMMENTS, SUGGESTIONS, GRAPHICS, IDEAS
(INCLUDING, WITHOUT LIMITATION, PRODUCT AND ADVERTISING IDEAS), EXPRESSIONS OF
IDEAS AND OTHER INFORMATION OR MATERIALS YOU SUBMIT TO THE COMMUNITY OR TO
WDSMP, ITS PARENT, RELATED, AFFILIATED OR SUBSIDIARY COMPANIES, OR THE OFFICERS,
DIRECTORS, AGENTS, EMPLOYEES, OR ASSIGNS OF EACH (COLLECTIVELY, THE "DISNEY
ENTITIES") THROUGH THE WEB SITE (COLLECTIVELY, A "SUBMISSION") WILL BE CREATED
AND DEVELOPED SOLELY BY YOU AND YOU REPRESENT AND WARRANT THAT NO OTHER PARTY
(OTHER THAN THE DISNEY ENTITIES) HOLDS OR WILL HOLD ANY RIGHTS WITH RESPECT TO
THE SUBMISSION. IN EXCHANGE FOR THE CONSIDERATION PROVIDED TO YOU HEREUNDER, YOU
IRREVOCABLY ASSIGN TO DISNEY ALL RIGHTS IN THE SUBMISSION AND THE SUBMISSION
WILL BECOME AND REMAIN THE EXCLUSIVE PROPERTY OF DISNEY INCLUDING, WITHOUT
LIMITATION, ANY FUTURE RIGHTS ASSOCIATED WITH THE SUBMISSION, EVEN IF THE
AGREEMENT IS LATER MODIFIED OR TERMINATED. THIS MEANS THAT YOU DISCLAIM ANY
PROPRIETARY RIGHTS IN THE SUBMISSION, AND YOU ACKNOWLEDGE DISNEY'S UNRESTRICTED
RIGHT TO USE THE SUBMISSION (OR MATERIALS OR IDEAS SIMILAR TO THE SUBMISSION) IN
ANY MEDIUM, NOW AND IN THE FUTURE, THROUGHOUT THE UNIVERSE AND FOR ANY PURPOSE
WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT NOTICE, ADDITIONAL COMPENSATION OR
OTHER OBLIGATION TO YOU OR ANY OTHER PERSON. IT ALSO MEANS WDSMP HAS NO
OBLIGATION TO KEEP THE SUBMISSION CONFIDENTIAL AND THE DISNEY ENTITIES SHALL NOT
BE LIABLE FOR ANY USE OR DISCLOSURE OF THE SUBMISSION. THE PROVISIONS OF THIS
PARAGRAPH SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THE COMMUNITY
AND THE AGREEMENT.
Code
of Conduct.
In
addition to the Code of Conduct provided in the Terms of Use, you agree to abide
by the following code of conduct for the Web Site:
Reservation
of Rights.
WDSMP
reserves the right to remove or edit content from the Web Site at any time and
for any reason (including, without limitation, inappropriate content or postings
that do not pertain to the designated topic or theme of the Community) although
it has no duty to do so.
Additional
Responsibilities/Representations of Members.
Members
shall remain solely responsible for the content of their participation in the
Community, whether through the Web Site or otherwise. WDSMP is not responsible
for the content or opinions posted or sent by other members of the Community.
You take responsibility for submissions under your password and your
participation in the Community is at your own risk. You are responsible for the
security of your own password. You represent and warrant to WDSMP that your
Submissions will not infringe and/or violate any right of a third party or any
domestic or international law, rule or regulation including, but not limited to:
(a) copyright, patent, trademark or other proprietary rights; (b) rights of
privacy or publicity; or (c) any confidentiality obligation. The provisions of
this paragraph shall survive the expiration or sooner termination of the
Community and the Agreement.
Changes
to the Terms of Use.
WDSMP
reserves the right, in its sole discretion, to change, modify, add or delete
portions of this Agreement at any time with notice to you in the manner
prescribed herein.
Notice.
WDSMP
may provide notice to you hereunder by sending you an e-mail at the last e-mail
address that you provided WDSMP and/or by prominently posting notice on the Web
Site. Any such notice will be effective upon the earlier of WDSMP's dispatch of
an e-mail notice to you or WDSMP's posting of such notice on the Web Site.
Please note that, at all times, you are responsible for updating your personal
information to provide WDSMP your current e-mail address. In the event that the
last e-mail address that you have provided WDSMP is not valid, or for any other
reason is not capable of delivering a notice to you, WDSMP's dispatch of the
e-mail containing such notice will nonetheless constitute effective notice.
Conflict
of provisions.
If there is conflict between the provisions of this Agreement and the Terms of
Use, the provisions of this Agreement shall
govern.