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Disney Terms of Use
Last Updated: July 10, 2014
Disney Interactive is pleased to provide to you its sites, software, application
s, content, products and services ( Disney Services ), which may be branded Disney,
ABC, ESPN, Marvel, Lucasfilm, Club Penguin, Playdom or another brand owned or li
censed by The Walt Disney Company. These terms govern your use and our provisio
n of the Disney Services on which these terms are posted, as well as Disney Serv
ices we make available on third-party sites and platforms if these terms are dis
closed to you in connection with your use of the Disney Services. PLEASE READ T
HESE TERMS CAREFULLY BEFORE USING THE DISNEY SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATIO
N. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGH
TS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR U
SUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE
TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1.

Contract between You and Us

This is a contract between you and Disney Interactive, a California corporation


located at 500 South Buena Vista Street, Burbank, California 91521, USA, or betw
een you and any different service provider identified for a particular Disney Se
rvice. You must read and agree to these terms before using the Disney Services.
If you do not agree, you may not use the Disney Services. These terms describ
e the limited basis on which the Disney Services are available and supersede pri
or agreements or arrangements.
Supplemental terms and conditions may apply to some Disney Services, such as rul
es for a particular competition, service or other activity, or terms that may ac
company certain content or software accessible through the Disney Services. Sup
plemental terms and conditions will be disclosed to you in connection with such
competition, service or activity. Any supplemental terms and conditions are in
addition to these terms and, in the event of a conflict, prevail over these term
s.
We may amend these terms. Any such amendment will be effective thirty (30) days
following either our dispatch of a notice to you or our posting of the amendmen
t on the Disney Services. If you do not agree to any change to these terms, you
must discontinue using the Disney Services. Our customer service representativ
es are not authorized to modify any provision of these terms, either verbally or
in writing.
We may immediately terminate this contract with respect to you (including your a
ccess to the Disney Services) if you fail to comply with any provision of these
terms.
2.

The Disney Services

The Disney Services are for your personal, noncommercial use and are intended fo
r informational and entertainment purposes only. They do not constitute legal,
financial, professional, medical or healthcare advice or diagnosis and cannot be
used for such purposes. To support smooth operation of the Disney Services acr

oss wide geographic areas, aspects of certain activities, such as game play, may
be simulated to avoid delays.
The Disney Services are our copyrighted property or the copyrighted property of
our licensors or licensees and all trademarks, service marks, trade names, trade
dress and other intellectual property rights in the Disney Services are owned b
y us or our licensors or licensees. Except as we specifically agree in writing,
no element of the Disney Services may be used or exploited in any way other tha
n as part of the Disney Services offered to you. You may own the physical media
on which elements of the Disney Services are delivered to you, but we retain ful
l and complete ownership of the Disney Services. We do not transfer title to an
y portion of the Disney Services to you.
Content and Software License
If a Disney Service is configured to enable the use of software, content, virtua
l items or other materials owned or licensed by us, we grant you a limited, nonexclusive, non-sublicensable, non-transferable license to access and use such so
ftware, content, virtual item or other material for your personal, noncommercial
use only.
You may not circumvent or disable any content protection system or digital right
s management technology used with any Disney Service; decompile, reverse enginee
r, disassemble or otherwise reduce any Disney Service to a human-readable form;
remove identification, copyright or other proprietary notices; or access or use
any Disney Service in an unlawful or unauthorized manner or in a manner that sug
gests an association with our products, services or brands. You may not access
or use any Disney Service in violation of United States export control and econo
mic sanctions requirements. By acquiring services, content or software through
the Disney Services, you represent and warrant that your access to and use of th
e services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE DISNEY SERVICES ARE PROVIDED AS IS AND AS AVAILABLE.
WE DISCLAIM ALL CONDITIONS
, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILU
RE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EV
ENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTIO
N EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PUR
PORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLAC
E OF RESIDENCE.
Changes to the Disney Services
The Disney Services are constantly evolving and will change over time. If we ma
ke a material change to the Disney Services, we will provide you with reasonable
notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Disney Services
We do not allow uses of the Disney Services that are commercial or business-rela
ted, or that advertise or offer to sell products or services (whether or not for
profit), or that solicit others (including solicitations for contributions or d
onations). You agree not to knowingly or recklessly introduce a virus or other

harmful component, or otherwise tamper with, impair or damage any Disney Service
or connected network, or interfere with any person or entity s use or enjoyment o
f any Disney Service. You agree not to use any software or device that allows a
utomated gameplay, expedited gameplay, or other manipulation of gameplay or game
client and you agree not to cheat or otherwise modify a Disney Service or game
experience to create an advantage for one user over another. Additionally, you
agree not to access, monitor or copy, or permit another person or entity to acce
ss, monitor or copy, any element of the Disney Services using a robot, spider, s
craper or other automated means or manual process without our express written pe
rmission.
Third-Party Services and Content
The Disney Services may integrate, be integrated into, or be provided in connect
ion with third-party services and content. We do not control those third-party
services and content. You should read the terms of use agreements and privacy p
olicies that apply to such third-party services and content.
If you access a Disney Service using an Apple iOS, Android or Microsoft Windowspowered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corp
oration, respectively, shall be a third-party beneficiary to this contract. How
ever, these third-party beneficiaries are not a party to this contract and are n
ot responsible for the provision or support of the Disney Services. You agree t
hat your access to the Disney Services using these devices also shall be subject
to the usage terms set forth in the applicable third-party beneficiary s terms of
service.
Mobile Networks
When you access the Disney Services through a mobile network, your network or ro
aming provider s messaging, data and other rates and fees will apply. Downloading
, installing or using certain Disney Services may be prohibited or restricted by
your network provider and not all Disney Services may work with your network pr
ovider or device.
3.

Your Content and Account

User Generated Content


The Disney Services may allow you to communicate, submit, upload or otherwise ma
ke available text, images, audio, video, competition entries or other content ( Us
er Generated Content ), which may be accessible and viewable by the public. Acces
s to these features may be subject to age restrictions. You may not submit or u
pload User Generated Content that is defamatory, harassing, threatening, bigoted
, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or tha
t harms or can reasonably be expected to harm any person or entity, whether or n
ot such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us
a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license u
nder all copyrights, trademarks, patents, trade secrets, privacy and publicity r
ights and other intellectual property rights to use, reproduce, transmit, print,
publish, publicly display, exhibit, distribute, redistribute, copy, index, comm
ent on, modify, adapt, translate, create derivative works based upon, publicly p
erform, make available and otherwise exploit such User Generated Content, in who
le or in part, in all media formats and channels now known or hereafter devised
(including in connection with the Disney Services and on third-party sites and p
latforms such as Facebook, YouTube and Twitter), in any number of copies and wit
hout limit as to time, manner and frequency of use, without further notice to yo
u, with or without attribution, and without the requirement of permission from o

r payment to you or any other person or entity.


You represent and warrant that your User Generated Content conforms to these ter
ms and that you own or have the necessary rights and permissions, without the ne
ed for payment to any other person or entity, to use and exploit, and to authori
ze us to use and exploit, your User Generated Content in all manners contemplate
d by these terms. You agree to indemnify and hold us and our subsidiary and aff
iliated companies, and each of their respective employees and officers, harmless
from any demands, loss, liability, claims or expenses (including attorneys fees)
, made against us by any third party arising out of or in connection with our us
e and exploitation of your User Generated Content. You also agree not to enforc
e any moral rights, ancillary rights or similar rights in or to the User Generat
ed Content against us or our licensees, distributors, agents, representatives an
d other authorized users, and agree to procure the same agreement not to enforce
from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicl
y display or publicly perform User Generated Content that requires the use of ou
r copyrighted works, we grant you a non-exclusive license to create a derivative
work using our copyrighted works as required for the purpose of creating the ma
terials, provided that such license shall be conditioned upon your assignment to
us of all rights in the work you create. If such rights are not assigned to us
, your license to create derivative works using our copyrighted works shall be n
ull and void.
We have the right but not the obligation to monitor, screen, post, remove, modif
y, store and review User Generated Content or communications sent through a Disn
ey Service, at any time and for any reason, including to ensure that the User Ge
nerated Content or communication conforms to these terms, without prior notice t
o you. We are not responsible for, and do not endorse or guarantee, the opinion
s, views, advice or recommendations posted or sent by users.
Accounts
Some Disney Services permit or require you to create an account to participate o
r to secure additional benefits. You agree to provide and maintain accurate, cu
rrent and complete information, including your contact information for notices a
nd other communications from us and your payment information. You agree not to
impersonate or misrepresent your affiliation with any person or entity, includin
g using another person s username, password or other account information, or anoth
er person s name or likeness, or provide false details for a parent or guardian.
You agree that we may take steps to verify the accuracy of information you provi
de, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in a
ppropriate circumstances, of the accounts of users who are repeat infringers of
copyright. In addition, we may suspend or terminate your account and your abili
ty to use the Disney Services if you engage in, encourage or advocate for illega
l conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality
of your username and password, and you are responsible for all activities under
your account that you can reasonably control. You agree to promptly notify us o
f any unauthorized use of your username, password or other account information,
or of any other breach of security that you become aware of involving your accou
nt or the Disney Services.
The security, integrity and confidentiality of your information are extremely im

portant to us. We have implemented technical, administrative and physical secur


ity measures that are designed to protect your information from unauthorized acc
ess, disclosure, use and modification.
4.

Paid Transactions

Identity of Seller
Sales are made by Disney Interactive or the seller identified at the time of sal
e, if different. If you have questions about your order, please contact the sel
ler at the address provided and they will assist you. Some storefronts on the D
isney Services are operated by third parties and, in that case, different or add
itional sale terms may apply, which you should read when they are presented to y
ou.
Digital Content and Virtual Items
We may make applications, games, software or other digital content available on
the Disney Services for you to license for a one-time fee. When purchasing a li
cense to access such material from a Disney Service, charges will be disclosed t
o you on the Disney Service before you complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited,
non-assignable license to access and use such content or functionality in the Di
sney Services. Virtual items (including characters and character names) or in-g
ame currency purchased or available to you in the Disney Services can only be us
ed in connection with the Disney Services where you obtained them or where they
were developed by you as a result of game play. These items are not redeemable
or subject to refund and cannot be traded outside of the Disney Services for mon
ey or other items for value. We may modify or discontinue virtual items or in-g
ame currency at any time.
Subscriptions
Some Disney Services require paid subscriptions to access. By signing up for a
subscription, you agree that your subscription will be automatically renewed and
, unless you cancel your subscription, you authorize us to charge your payment m
ethod for the renewal term. The period of auto-renewal will be the same as your
initial subscription period unless otherwise disclosed to you at the time of sa
le. The renewal rate will be no more than the rate for the immediately prior su
bscription period, excluding any promotional and discount pricing, unless we not
ify you of a rate change prior to your auto-renewal.
From time to time, we m
ay offer a free trial subscription for a Disney Service. If you register for a
free trial subscription, we will begin to bill your account when the free trial
subscription expires, unless you cancel your subscription before that time.
The Order Process
You will have the opportunity to review and confirm your order, including delive
ry address (if applicable), payment method and product details. We will send to
you a notice when we accept your order and our acceptance will be deemed comple
te and for all purposes to have been effectively communicated to you at the time
we send the notice. At such time, the contract for sale will be made and becom
e binding on both you and us. The risk of loss in any goods you purchase and th
e responsibility to insure them passes to you when the relevant goods are delive
red.
We reserve the right to refuse or cancel any order prior to delivery. Some situ
ations that may result in your order being cancelled include system or typograph
ical errors, inaccuracies in product or pricing information or product availabil

ity, fairness among customers where supplies are limited, or problems identified
by our credit or fraud departments. We also may require additional verificatio
n or information before accepting an order. We will contact you if any portion
of your order is cancelled or if additional information is required to accept yo
ur order. If your order is cancelled after we have processed your payment but p
rior to delivery, we will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the informa
tion is accurate, that you are authorized to use the payment method provided, an
d that you will notify us of changes to the payment information. We reserve the
right to utilize third party credit card updating services to obtain current ex
piration dates on credit cards.
Right of Cancellation; Return of Goods
When you subscribe to a Disney Service, you have the right to cancel your contra
ct within fourteen (14) days after your receipt and acceptance of these terms an
d you will receive a full refund of the subscription fee paid. For semi-annual
and annual subscriptions, if notice of cancellation is received within the first
thirty (30) days following the first day of initial billing, you will receive a
refund of the subscription fee paid. If we refund your subscription fee, you w
ill still be obligated to pay other charges incurred.
When you purchase a license to access digital content or virtual items, you will
be given an opportunity to consent to delivery at the time of purchase. By con
senting to delivery, you acknowledge that you have lost the right to cancel and
the license purchase fee is non-refundable.
You have the right, within thirty (30) days from the date of your receipt of phy
sical goods, to cancel our contract with you and return the goods. This right d
oes not apply to goods stated by us on the Disney Services to be non-returnable,
including audio and video recordings, computer software, and CD s, DVD s or other p
hysical media that have been unsealed. If you are returning goods that are not
faulty, you may be required to pay for the cost of returning the goods to us and
we may deduct a reasonable amount if you use the goods.
If you wish to cancel, you must do so by following the cancellation instructions
for the particular Disney Service. A sample cancellation form is available her
e.
Personalized Goods
Please note that the rights of cancellation and return do not apply for personal
ized goods. Cancellations and changes to personalized goods cannot be made once
you have submitted your order and personalized items cannot be returned unless
there is a manufacturing error or product defect. We reserve the right to refus
e personalized orders at our discretion. Inappropriate use of our personalizati
on service will cause your order to be cancelled and any payment refunded.
Pricing; Taxes
We may revise the pricing for products and services we offer. If you pay a peri
odic subscription fee for a Disney Service, we will provide you with reasonable
notice of changes to the fees or billing methods in advance of their effective d
ate and you will be able to cancel your subscription prior to such change. When
you place your order, we estimate the tax and include that estimate in the tota
l for your convenience. The actual tax amount that will be applied to your orde
r and charged to your payment method is based on calculations on the date of shi

pment, regardless of when the order was placed.


International Shipping; Customs
When ordering goods for delivery to countries other than the country where the s
eller is located, you may have to pay import duties and taxes levied. These and
any additional charges for customs clearance must be borne by you. For goods s
hipped internationally, please note that any manufacturer warranty may not be va
lid; manufacturer service options may not be available; manuals, instructions an
d safety warnings may not be in destination country languages; the goods and acc
ompanying materials may not be designed in accordance with destination country s
tandards, specifications, and labeling requirements; and the goods may not confo
rm to destination country voltage (requiring use of an adapter or converter). Y
ou are responsible for assuring the goods can be lawfully imported to the destin
ation country. When ordering from us, the recipient is the importer of record a
nd must comply with all laws and regulations of the destination country.
5.

Competitions

Competitions that you enter on a Disney Service may have supplemental rules and
conditions, but the following general rules apply absent contrary terms in any s
upplemental rules or conditions for the competition.
Entries
Your competition entry is User Generated Content and subject to all provisions o
f these terms that govern your submission and our use of your User Generated Con
tent. We may disqualify entries that are late, misdirected, incomplete, corrupt
ed, lost, illegible or invalid or where appropriate parental consent was not pro
vided. Competition entries are limited to one per person and entries via agents
or third parties or the use of multiple identities are not permitted. Use of a
utomated entries, votes or other programs is prohibited and all such entries (or
votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or ex
tend or resume the entry period or disqualify any participant or entry at any ti
me without giving advance notice. We will do so if it cannot be guaranteed the
competition can be carried out fairly or correctly for technical, legal or other
reasons, or if we suspect that any person has manipulated entries or results, p
rovided false information or acted unethically. If we cancel or terminate a com
petition, prizes may be awarded in any manner we deem fair and appropriate consi
stent with local laws governing the competition.
Eligibility
To enter a competition, you must be a registered user of the Disney Services and
have an active account with current contact information. No purchase is necess
ary to enter a competition and a purchase will not improve your chances of winni
ng. Competitions are not open to our employees (or their immediate families) or
anyone else professionally associated with the competition. If you are under a
ge 18 (or the age of majority under applicable law) and the competition is open
to you, we may need your parent or guardian s consent before we can accept your en
try. We reserve the right to request proof of identity or to verify eligibility
conditions and potential winning entries, and to award any prize to a winner in
person. Competitions are void where prohibited or restricted by law. Potentia
l winners who are residents in jurisdictions where competitions require an eleme
nt of skill may be required to answer a mathematical test in order to be eligibl
e to win a prize.
Prizes

No cash or alternative prizes are available, except that we (or the party provid
ing a prize) reserve the right to substitute a similar prize of equal or greater
value. Prizes cannot be transferred (except to a child or other family member)
or sold by winners. Only the number of prizes stated for the competition is av
ailable to be won and all prizes will be awarded provided a sufficient number of
eligible entries are received and prizes are validly claimed by the date provid
ed in connection with the competition, after which no alternate winners will be
selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize d
escription prior to entry, winners are responsible for all costs and expenses as
sociated with claiming a prize. All taxes are solely the responsibility of each
winner, although we reserve the right to withhold applicable taxes and each win
ner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable pu
blicity related to the competition and grants us an unconditional right to us to
use your name, town or city and state, province or country, likeness, prize inf
ormation and statements by you about the competition for publicity, advertising
and promotional purposes and to comply with applicable law and regulations, all
without additional permission or compensation. As a condition of receiving a pr
ize, winners (or their parents or guardians) may be required to sign and return
an affidavit of eligibility, liability release and publicity release.
6.

Additional Provisions

Submissions and Unsolicited Ideas Policies


Our long-standing company policy does not allow us to accept or consider unsolic
ited creative ideas, suggestions or materials. In connection with anything you
submit to us
whether or not solicited by us
you agree that creative ideas, sugge
stions or other materials you submit are not being made in confidence or trust a
nd that no confidential or fiduciary relationship is intended or created between
you and us in any way, and that you have no expectation of review, compensation
or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent
to our designated agent:
Jordan McCollum
Disney Interactive
500 South Buena Vista Street
Burbank, California 91521, USA
Phone: +1 818-545-3000
Fax: +1 818-931-2662
Email: designated.agent@dig.twdc.com
We are only able to accept notices in the languages into which these terms are m
ade available by us.
We will respond expeditiously to claims of copyright infringement committed usin
g the Disney Services that are reported to our Designated Copyright Agent, ident
ified above, in accordance with the U.S. Digital Millennium Copyright Act of 199
8 ( DMCA ) or, as applicable, other laws. With respect to Disney Services hosted in
the United States, these notices must include the required information set fort
h in the DMCA and described in detail here.
Binding Arbitration and Class Action Waiver

You and Disney Interactive agree to arbitrate all disputes between you and The W
alt Disney Company or its affiliates, except disputes relating to the enforcemen
t of The Walt Disney Company or its affiliates intellectual property rights. Disp
ute includes any dispute, action or other controversy between you and us concerni
ng the Disney Services or these terms, whether in contract, tort, warranty, stat
ute or regulation, or other legal or equitable basis. You and Disney Interactiv
e empower the arbitrator with the exclusive authority to resolve any dispute rel
ating to the interpretation, applicability or enforceability of these terms or f
ormation of this contract, including the arbitrability of any dispute and any cl
aim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Disney Interactive must send to the other part
y a notice of dispute, which is a written statement that sets forth the name, ad
dress and contact information of the party giving the notice, the facts giving r
ise to the dispute and the relief requested. You must send any notice of disput
e to Disney Interactive, 500 South Buena Vista Street, Burbank, California 91521
, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute
to you at the contact information we have for you. You and Disney Interactive w
ill attempt to resolve a dispute through informal negotiation within sixty (60)
days from the date the notice of dispute is sent. After sixty (60) days, you or
we may commence arbitration. You may also litigate a dispute in small claims c
ourt if the dispute meets the requirements to be heard in small claims court, wh
ether or not you negotiated informally first.
If you and Disney Interactive do not resolve a dispute by informal negotiation o
r in small claims court, the dispute shall be settled by binding arbitration bef
ore a neutral arbitrator whose decision will be final except for a limited right
of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT
TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be admi
nistered by the American Arbitration Association (the AAA ) under its Commercial Ar
bitration Rules and its Supplementary Procedures for Consumer Related Disputes.
For more information, visit www.adr.org or, in the United States, call 800-7787879. Arbitration may be conducted in person, through the submission of documen
ts, by phone or online. The arbitrator may award damages to you individually as
a court could, including declaratory or injunctive relief, but only to the exte
nt required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an impr
oper purpose, Disney Interactive will pay all filing, AAA, and arbitrator s fees a
nd expenses. If the arbitrator issues you an award that is greater than the val
ue of our last written settlement offer made before an arbitrator was selected (
or if we did not make a settlement offer before an arbitrator was selected), the
n we will pay you the amount of the award or US $1,000, whichever is greater, an
d pay your attorney, if any, the amount of attorneys fees, and reimburse any expe
nses (including expert witness fees and costs) that you or your attorney reasona
bly accrue for investigating, preparing and pursuing your claim in arbitration.
We waive any right to seek an award of attorneys fees and expenses in connection
with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place at any r
easonable location convenient for you. For residents outside the United States,
arbitration shall be initiated in the borough of Manhattan, New York, New York,
United States of America, and you and Disney Interactive agree to submit to the
personal jurisdiction of the federal or state courts located there, in order to
compel arbitration, stay proceedings pending arbitration, or confirm, modify, v
acate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON A
N INDIVIDUAL BASIS. Neither you nor Disney Interactive will seek to have a disp
ute heard as a class action, private attorney general action, or in any other pr

oceeding in which either party acts or proposes to act in a representative capac


ity. No arbitration or proceeding can be combined with another without the prio
r written consent of all parties to the arbitration or proceeding. If the class
action waiver is found to be illegal or unenforceable as to all or some parts o
f a dispute, those parts will be severed and proceed in a court of law, with the
remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to thes
e terms or the Disney Services that is not subject to arbitration shall be filed
, and that venue properly lies, only in the state or federal courts located in t
he borough of Manhattan, New York, New York, United States of America and you co
nsent and submit to the personal jurisdiction of such courts for the purposes of
litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the Sta
te of New York and the laws of the United States, without giving effect to any c
onflict of law principles.
Severability
If any provision of these terms shall be unlawful, void or for any reason unenfo
rceable, then that provision shall be deemed severable from these terms and shal
l not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms which by their nature should survive the terminati
on of these terms shall survive such termination.
Waiver
No waiver of any provision of these terms by us shall be deemed a further or con
tinuing waiver of such provision or any other provision, and our failure to asse
rt any right or provision under these terms shall not constitute a waiver of suc
h right or provision.
========================================
== GOG.com End-User License Agreement ==
========================================
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM.
This end user license agreement (this Agreement ) is a legal agreement between yo
u (an individual or a single entity You ) and GOG.com or GOG Limited ( Company ) for th
e accompanying software product which includes computer software and any associa
ted media, printed materials, and/or online or electronic documentation (collectiv
ely, the Program ). By installing, copying, or otherwise using the Program, you ac
knowledge that you have read this Agreement and agree to be bound by the terms.
If you do not accept or agree to the terms of this Agreement, do not install or
use the Program.
1.License. Company grants you a non-exclusive, non-transferable license to use
the Program, but retains all property rights in the Program and all copies there
of. This Program is licensed, not sold, for your personal, non-commercial use.
Your license confers no title or ownership in this Program and should not be co
nstrued as any sale of any rights in this Program. You may not transfer, distri
bute, rent, sub-license, or lease the Program or documentation, except as provid

ed herein; alter, modify, or adapt the Program or documentation, or portions the


reof including, but not limited to, translation, decompiling or disassembling.
You agree not to modify or attempt to reverse engineer, decompile, or disassembl
e the Program, except and only to the extent that such activity is expressly per
mitted under applicable law notwithstanding this limitation. All rights not exp
ressly granted under this Agreement are reserved by Company.
2.No Warranty. You are responsible for assessing your own computer and the resu
lts to be obtained therefrom. You expressly agree that use of the Program is at
your sole risk. The Program is provided on an as is, as available basis, unless su
ch warranties are legally incapable of exclusion. Company and its licensors dis
claim all warranties and conditions, whether oral or written, express, or implie
d, including without limitation any implied warranties or conditions of merchant
ability, fitness for a particular purpose, non-infringement of third party right
s, and those arising from a course of dealing or usage of trade, regarding the P
rogram. Company and its licensors assume no responsibility for any damages suff
ered by you, including, but not limited to, loss of data, items or other materia
ls from errors or other malfunctions caused by Company, its licensors, licensee
and/or subcontractors, or by your or any other participant s own errors and/or omi
ssions. Company and its licensors make no warranty with respect to any related
software or hardware used or provided by Company in connection with the Program
except as expressly set forth above.
3.Limitation of Liability. You acknowledge and agree that Company and its licen
sors shall not assume or have any liability for any action by Company or its con
tent providers, other participants, or other licensors with respect to conduct,
communication, or content of the Program. Company and its licensors shall not b
e liable for any indirect, incidental, special, punitive, exemplary, or conseque
ntial damages resulting hereunder in any manner, even if advised of the possibil
ity of such damages. Except as expressly provided herein, Company s and its licen
sors entire liability to you and your exclusive remedy for any breach of this Agr
eement is limited solely to the total amount paid by you for the Program, if any
. Because some states do not allow the exclusion or limitation of liability for
certain damages, in such states Company s and its licensors liability is limited t
o the extent permitted by law.
4.Indemnity. At Company s request, you agree to defend, indemnify and hold harmle
ss Company, its affiliates and licensors from all damages, losses, liabilities,
claims and expenses, including attorneys fees, arising directly or indirectly fro
m your acts and omissions to act in using the Program pursuant to the terms of t
his Agreement or any breach of this Agreement by you.
5.Termination. Without prejudice to any other rights of Company, this Agreement
and your right to use the Program may automatically terminate without notice fr
om Company if you fail to comply with any provision of this Agreement or any ter
ms and conditions associated with the Program. In such event, you must destroy
all copies of this Program and all of its component parts.
6.Injunction. Because Company would be irreparably damaged if the terms of this
Agreement were not specifically enforced, you agree that Company shall be entit
led, without bond, other security or proof of damages, to appropriate equitable
remedies with respect to breaches of this Agreement, in addition to such other r
emedies as Company may otherwise have under applicable laws.
7.General Provisions. Company s failure to enforce at any time any of the provisi
ons of this Agreement shall in no way be construed to be a present or future wai
ver of such provisions, nor in any way affect the right of any party to enforce
each and every such provision thereafter. The express waiver by Company of any
provision, condition or requirement of this Agreement shall not constitute a wai
ver of any future obligation to comply with such provision, condition or require

ment. This Agreement shall be governed by the laws of the State of California a
nd the United States without regard to its conflicts of laws rules and you conse
nt to the exclusive jurisdiction of the courts in Los Angeles County, California
. The United Nations Convention on Contracts for the International Sale of Good
s shall not apply to this Agreement. This Agreement represents the complete agr
eement concerning this License Agreement between you and Company.
========================================
======= Inno Setup License Terms =======
========================================
Except where otherwise noted, all of the documentation and software included
in the Inno Setup package is copyrighted by Jordan Russell.
Copyright (C) 1997-2008 Jordan Russell. All rights reserved.
This software is provided "as-is," without any express or implied warranty.
In no event shall the author be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter and redistribute it,
provided that the following conditions are met:
1. All redistributions of source code files must retain all copyright
notices that are currently in place, and this list of conditions without
modification.
2. All redistributions in binary form must retain all occurrences of the
above copyright notice and web site addresses that are currently in
place (for example, in the About boxes).
3. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software to
distribute a product, an acknowledgment in the product documentation
would be appreciated but is not required.
4. Modified versions in source or binary form must be plainly marked as
such, and must not be misrepresented as being the original software.
Jordan Russell
jr-2008 AT jrsoftware.org
http://www.jrsoftware.org/
========================================
=== MICROSOFT SOFTWARE LICENSE TERMS ===
========================================
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX SOFTWARE DEVELOPMENT KIT (SDK)
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply t
o the software named above, which includes the media on which you received it, i
f any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services

for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NO
T USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1.
INSTALLATION AND USE RIGHTS.
a.
Installation and Use. You may install and use any number of copies of t
he software on your devices.
b.
Included Microsoft Programs. The software contains other Microsoft prog
rams. The license terms with those programs apply to your use of them.
2.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.
Media Elements and Templates. You may copy and use images, clip art, an
imations, sounds, music, shapes, video clips and templates provided with the sof
tware and identified for such use in documents and projects that you create. Yo
u may distribute those documents and projects non-commercially. If you wish to
use these media elements or templates for any other purpose, go to www.microsoft
.com/permission to learn whether that use is allowed.
b.
Distributable Code. The software contains code that you are permitted t
o distribute in programs you develop if you comply with the terms below.
i.
Right to Use and Distribute. The code and text files listed below are Di
stributable Code.
DIRECTX REDIST.TXT Files. You may copy and distribute the object code form of c
ode listed in DIRECTX REDIST.TXT files.
Sample Code. You may modify, copy, and distribute the source and object code fo
rm of code marked as sample , as well as those marked as follows:
\Utilities\bin\x86\dxerr
\Utilities\bin\x64\dxerr
\Utilities\bin\x86\dxtex
\Utilities\bin\x64\dxtex
\Utilities\bin\x86\DxViewer
\Utilities\bin\x64\DxViewer
\Utilities\bin\x86\GDFTrace
\Utilities\bin\x64\GDFTrace
\Utilities\bin\x86\MeshConvert
\Utilities\bin\x64\MeshConvert
\Utilities\Source\Sas
\Utilities\Source\Effects11
Third Party Distribution. You may permit distributors of your programs to copy
and distribute the Distributable Code as part of those programs.
ii.
Distribution Requirements. For any Distributable Code you distribute, y
ou must
add significant primary functionality to it in your programs;
require distributors and external end users to agree to terms that protect it at
least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorn
eys fees, related to the distribution or use of your programs.
iii.
Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft s trademarks in your programs names or in a way that suggests your pr
ograms come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows, Xbox
and Windows Mobile platforms;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part
of it becomes subject to an Excluded License. An Excluded License is one that r
equires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
3.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement on

ly gives you some rights to use the software. Microsoft reserves all other righ
ts. Unless applicable law gives you more rights despite this limitation, you ma
y use the software only as expressly permitted in this agreement. In doing so,
you must comply with any technical limitations in the software that only allow y
ou to use it in certain ways.
You may not
disclose the results of any benchmark tests of the software to any third party w
ithout Microsoft s prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
4.
BACKUP COPY. You may make one backup copy of the software. You may use
it only to reinstall the software.
5.
DOCUMENTATION. Any person that has valid access to your computer or int
ernal network may copy and use the documentation for your internal, reference pu
rposes.
6.
EXPORT RESTRICTIONS. The software is subject to United States export la
ws and regulations. You must comply with all domestic and international export
laws and regulations that apply to the software. These laws include restriction
s on destinations, end users and end use. For additional information, see www.m
icrosoft.com/exporting.
7.
SUPPORT SERVICES. Because this software is as is, we may not provide suppo
rt services for it.
8.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, update
s, Internet-based services and support services that you use, are the entire agr
eement for the software and support services.
9.
APPLICABLE LAW.
a.
United States. If you acquired the software in the United States, Washi
ngton state law governs the interpretation of this agreement and applies to clai
ms for breach of it, regardless of conflict of laws principles. The laws of the
state where you live govern all other claims, including claims under state cons
umer protection laws, unfair competition laws, and in tort.
b.
Outside the United States. If you acquired the software in any other co
untry, the laws of that country apply.
10.
LEGAL EFFECT. This agreement describes certain legal rights. You may h
ave other rights under the laws of your country. You may also have rights with
respect to the party from whom you acquired the software. This agreement does n
ot change your rights under the laws of your country if the laws of your country
do not permit it to do so.
11.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS.
YOU BEAR THE RI
SK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS
. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGRE
EMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT E
XCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURP
OSE AND NON-INFRINGEMENT.
12.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FR
OM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDI
RECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third pa
rty Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, stric
t liability, negligence, or other tort to the extent permitted by applicable law
.
It also applies even if Microsoft knew or should have known about the possibilit

y of the damages. The above limitation or exclusion may not apply to you becaus
e your country may not allow the exclusion or limitation of incidental, conseque
ntial or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clau
ses in this agreement are provided below in French.
Remarque : Ce logiciel tant distribu au Qubec, Canada, certaines des clauses dans c
e contrat sont fournies ci-dessous en franais.
EXONRATION DE GARANTIE. Le logiciel vis par une licence est offert tel quel . Toute
utilisation de ce logiciel est votre seule risque et pril. Microsoft n accorde auc
une autre garantie expresse. Vous pouvez bnficier de droits additionnels en vertu
du droit local sur la protection des consommateurs, que ce contrat ne peut modif
ier. La ou elles sont permises par le droit locale, les garanties implicites de
qualit marchande, d adquation un usage particulier et d absence de contrefaon sont excl
ues.
LIMITATION DES DOMMAGES-INTRTS ET EXCLUSION DE RESPONSABILIT POUR LES DOMMAGES. Vo
us pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas d
e dommages directs uniquement hauteur de 5,00 $ US. Vous ne pouvez prtendre aucun
e indemnisation pour les autres dommages, y compris les dommages spciaux, indirec
ts ou accessoires et pertes de bnfices.
Cette limitation concerne :
tout ce qui est reli au logiciel, aux services ou au contenu (y compris le code)
figurant sur des sites Internet tiers ou dans des programmes tiers ; et
les rclamations au titre de violation de contrat ou de garantie, ou au titre de r
esponsabilit stricte, de ngligence ou d une autre faute dans la limite autorise par l
a loi en vigueur.
Elle s applique galement, mme si Microsoft connaissait ou devrait connatre l ventualit d
tel dommage. Si votre pays n autorise pas l exclusion ou la limitation de responsa
bilit pour les dommages indirects, accessoires ou de quelque nature que ce soit,
il se peut que la limitation ou l exclusion ci-dessus ne s appliquera pas votre gard.
EFFET JURIDIQUE. Le prsent contrat dcrit certains droits juridiques. Vous pourrie
z avoir d autres droits prvus par les lois de votre pays. Le prsent contrat ne modi
fie pas les droits que vous confrent les lois de votre pays si celles-ci ne le pe
rmettent pas.

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