Terms of Use

Updated 30/09/2008

General Terms

  • Introduction
  • Use of content
  • Submissions
  • Licences and representations
  • Accounts
  • Public forums and communication
  • Rules of conduct
  • Cooperation; removal of submissions
  • Content accessible through links from WDIG sites and search results
  • Disclaimers
  • Indemnification
  • Limitation of liability
  • Jurisdiction and venue issues
  • Amendment
  • Privacy policies
  • General provisions
  • Attribution and notices

1. Introduction

Welcome to Disney.com.au, one of the Internet sites in Australia operated by Walt Disney Internet Group (WDIG). WDIG Sites include this site, and other Internet sites on which these terms of use are posted. WDIG, and any and all entities that control, are controlled by, or are affiliated or under common control with WDIG, are collectively referred to herein as we, us or our.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using any WDIG Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the WDIG Sites.

Note that special terms apply to some services offered on certain WDIG Sites, like subscription-based services, rules for particular contests or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the WDIG Sites and receipt of data, materials and information available at or through the WDIG Sites, the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled SUBMISSIONS) and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.

2. Use of content

All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled SUBMISSIONS) contained on WDIG Sites (Content) 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 WDIG Sites 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 may be used other than as part of the WDIG Site, reproduced, transmitted, distributed or otherwise exploited in any way, except that where a WDIG Site 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 WDIG Sites is prohibited.

In the event that we offer downloads of software on a WDIG Site 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. Except to the extent permitted by applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

3. Submissions

In these terms of use, we use the word Submissions to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations, your and/or other persons names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, Distribute) on or through a WDIG Site.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. Solicited Submissions means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a WDIG Site for our review or display and possible specifically-defined consideration or compensation (collectively, Consideration) (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any WDIG Site for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 6, entitled PUBLIC FORUMS AND COMMUNICATION)). Unsolicited Submissions are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS.

Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any WDIG Sites. 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, regardless of this prohibition, you Distribute any Unsolicited Submissions on or through any WDIG Site, you do so even though there is no agreement whatsoever between us regarding any consideration or review of your Unsolicited Submissions or any compensation or consideration of any type. In fact, 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.

Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

4. Licences and representations

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform, publish, communicate to the public and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on WDIG Sites, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the Submissions License).

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 7 labeled RULES OF CONDUCT)) and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that any Submissions you Distribute on or through WDIG Sites contain original songs or recordings, you hereby represent that you are a member of the applicable performing rights society (such as APRA (Australasian Performing Rights Association) and AMCOS (Australasian Mechanical Copyright Owners Society)) and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.

To the extent that we solicit Submissions through features or activities on or through WDIG Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled PUBLIC FORUMS AND COMMUNICATION)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

To the extent you have moral rights, ancillary rights, or similar rights (Moral Rights) in or to the Submissions, you hereby give a Moral Rights Consent. To the extent any other person has Moral Rights in or to the Submissions, you must obtain a Moral Rights Consent from that person and provide it on request to WDIG. Moral Rights Consent means a waiver of moral rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the Submissions by or on behalf of WDIG or any licensee or subsequent owner of copyright in the Submissions, including not attributing authorship to the author of the Submissions, falsely attributing authorship of the Submissions, and subjecting the Submissions to derogatory treatment.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us

5. Accounts

Some services on the WDIG Sites 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 persons username, password or other account information, or another persons name, likeness, voice, image or photograph. You also agree to promptly notify us at security_breach@disney.com.au of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any WDIG Site. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use any WDIG Site 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 or for no reason.

6. Public forums and communication

Public Forum means an area, site or feature offered as part of any WDIG Site that offers the opportunity for users to Distribute Submissions for viewing by one or more WDIG Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through any WDIG Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

7. Rules of conduct

The following Rules of Conduct apply to the WDIG Sites. By using the WDIG Sites, you agree that you will not Distribute any Submission that:

  1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity;
  2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another persons personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  5. licontains a virus or other harmful component, or otherwise tampers with, impairs or damages the WDIG Sites or any connected network, or otherwise interferes with any person or entitys use or enjoyment of the WDIG Sites; or
  6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance

8. Cooperation; removal of submissions

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any WDIG Site that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any WDIG Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever

9. Content accessible through links from WDIG sites and search results

You should be aware that when you are on a WDIG Site, there are 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 any WDIG Site or third-party Content. 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.

In addition, we will not 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

10. Disclaimers

HE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO WDIG SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY WDIG SITE IS PROVIDED AS IS AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE 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 ANY WDIG SITE 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).

Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or your local emergency number immediately. Reliance on any information appearing on a WDIG Site is strictly at your own risk

11. 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 WDIG Sites 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

12. Limitation of liability

UNDER NO CIRCUMSTANCES 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, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, OR WHICH CONSISTS OF A CLAIM FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, whether in contract, tort (including negligence), statute or otherwise, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY WDIG SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A WDIG SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR US$100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE. 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 WDIG SITES OR CHANGE THE WDIG SITES OR DELETE CONTENT OR FEATURES 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 ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Jurisdiction 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 WDIG Sites shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content is appropriate or available for use in any particular location. Those who choose to access a WDIG Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws

14. Amendment

At any time and in our absolute discretion, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). We will advise you of amendments by any means we choose, including by making the amended terms of use available on a WDIG Site or sending you an e-mail. If you do not accept the amended terms of use then you must stop using the WDIG Sites. Otherwise, if you continue using the WDIG Sites you will be deemed to have accepted the amended terms of use.

15. Privacy policies

Certain WDIG Sites may solicit Submissions through features or activities (including games, sweepstakes, contests, promotions and Public Forums). If we solicit and you provide personally identifiable information as part of any Submission, except through a feature or activity that clearly involves the public use or display of personally identifiable information you provide (including in Public Forums, and where the rules or terms and conditions applicable to games, sweepstakes, contests and promotions so provide), our Privacy Policy applies.

16. 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. These terms of use take effect as an agreement and separately as a notice which limits the basis on which WDIG makes the WDIG sites available. 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. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY WDIG SITE 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 WDIG Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through WDIG Sites, 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 WDIG Sites 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 Departments Specially Designated Nationals List or the U.S. Commerce Departments 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.

17. Attribution and notices

The following provisions apply to certain third party Content. Where applicable, the following provisions apply in lieu of any inconsistent provisions above. However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above