1 00:00:00,280 --> 00:00:00,770 Terms of UseUpdated: 5/6/08. 2 00:00:30,809 --> 00:00:33,090 1. INTRODUCTION 3 00:00:33,439 --> 00:00:38,009 Welcome to the Internet sites of the Walt Disney Internet Group ("WDIG"). 4 00:00:38,679 --> 00:00:41,140 "WDIG Sites" include Disney.com, ABCNEWS.com, ABC.com, ESPN.com, DisneyShopping.com, Go.com, Movies.com, FamilyFun.com, and other Internet sites on which these terms of use are posted. 5 00:00:41,520 --> 00:00:45,799 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". 6 00:00:46,420 --> 00:00:49,320 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WDIG SITE. 7 00:00:49,759 --> 00:00:53,770 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. 8 00:00:54,359 --> 00:00:56,530 If you do not agree to these terms of use, you may not use the WDIG Sites. 9 00:00:56,869 --> 00:00:58,649 Note that special terms apply to some services offered on certain WDIG Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. 10 00:00:58,929 --> 00:01:00,799 These terms are posted in connection with the applicable service. 11 00:01:01,100 --> 00:01:07,930 Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. 12 00:02:18,909 --> 00:02:22,099 You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. 13 00:02:22,580 --> 00:02:24,360 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. 14 00:02:24,650 --> 00:02:27,199 back to top of page. 15 00:02:27,590 --> 00:02:29,810 2. USE OF CONTENT 16 00:02:30,159 --> 00:02:34,639 All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on WDIG Sites are our copyrighted property or the copyrighted property of our licensors or licensees. 17 00:02:35,300 --> 00:02:40,129 All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. 18 00:02:42,500 --> 00:02:44,610 We may change the WDIG Sites or delete Content or features at any time, in any way, for any or no reason. 19 00:02:44,939 --> 00:02:48,189 Except as we specifically agree in writing, no Content from any WDIG Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the WDIG Site, 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. 20 00:02:48,680 --> 00:02:50,819 Any business use, "re-mailing" or high-volume or automated use of WDIG Sites is prohibited. 21 00:02:51,150 --> 00:02:52,580 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. 22 00:02:52,810 --> 00:02:54,860 We do not transfer title to the Software to you. 23 00:02:55,180 --> 00:02:58,780 You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. 24 00:02:59,319 --> 00:03:03,189 back to top of page. 25 00:03:03,759 --> 00:03:06,389 3. SUBMISSIONS 26 00:03:06,800 --> 00:03:09,870 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, 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. 27 00:03:13,770 --> 00:03:17,370 There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. 28 00:03:17,909 --> 00:03:19,780 "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")). 29 00:03:20,080 --> 00:03:22,419 "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. 30 00:03:22,780 --> 00:03:26,439 DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. 31 00:03:26,979 --> 00:03:30,550 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. 32 00:03:31,090 --> 00:03:32,990 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. 33 00:03:33,289 --> 00:03:35,020 We therefore ask that you not Distribute any Unsolicited Submission. 34 00:03:35,289 --> 00:03:39,270 In any event, you agree that any Submissions you make is 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).. 35 00:03:39,860 --> 00:03:43,520 Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. 36 00:03:44,069 --> 00:03:47,819 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. 37 00:03:48,370 --> 00:03:52,150 back to top of page. 38 00:03:52,710 --> 00:03:56,490 4. 39 00:03:57,050 --> 00:04:00,860 LICENSES AND REPRESENTATIONS. 40 00:04:01,419 --> 00:04:05,169 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 (in whole or part) 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 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"). 41 00:04:05,719 --> 00:04:07,530 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). 42 00:04:07,819 --> 00:04:09,520 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. 43 00:04:09,789 --> 00:04:18,079 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 ASCAP, BMI, SESAC or any other applicable performing rights 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. 44 00:04:19,269 --> 00:04:21,610 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. 45 00:04:21,970 --> 00:04:25,720 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. 46 00:04:26,269 --> 00:04:29,339 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. 47 00:04:29,810 --> 00:04:31,040 You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. 48 00:04:32,279 --> 00:04:34,029 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. 49 00:04:38,220 --> 00:04:41,060 To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. 50 00:04:41,490 --> 00:04:46,120 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. 51 00:04:46,800 --> 00:04:49,079 back to top of page. 52 00:04:49,430 --> 00:04:51,040 5. ACCOUNTS 53 00:04:51,300 --> 00:04:52,790 Some services on the WDIG Sites permit or require you to create an account to participate or to secure additional benefits. 54 00:04:53,029 --> 00:04:55,519 You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). 55 00:04:55,899 --> 00:04:58,449 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. 56 00:05:00,810 --> 00:05:03,329 You also agree to promptly notify us at security_breach@help.go.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any WDIG Site. 57 00:05:03,709 --> 00:05:07,250 In addition, you agree to exit from your account at the end of each session. 58 00:05:10,790 --> 00:05:12,540 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. 59 00:05:21,759 --> 00:05:25,540 back to top of page. 60 00:05:26,100 --> 00:05:28,879 6. 61 00:05:31,610 --> 00:05:33,779 PUBLIC FORUMS AND COMMUNICATIO. 62 00:05:34,110 --> 00:05:36,160 N "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). 63 00:05:36,480 --> 00:05:39,350 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. 64 00:05:39,779 --> 00:05:41,449 We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. 65 00:05:49,759 --> 00:05:51,069 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. 66 00:05:51,290 --> 00:05:53,720 We have no duty to monitor any Public Forum. 67 00:05:56,300 --> 00:05:58,110 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. 68 00:05:58,399 --> 00:06:00,509 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. 69 00:06:00,839 --> 00:06:02,300 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. 70 00:06:02,540 --> 00:06:04,910 back to top of page. 71 00:06:08,579 --> 00:06:11,329 7. RULES OF CONDUCT 72 00:06:11,750 --> 00:06:13,939 The following Rules of Conduct apply to the WDIG Sites. 73 00:06:17,250 --> 00:06:20,120 By using the WDIG Sites, you agree that you will not Distribute any Submission that: 1. 74 00:06:20,560 --> 00:06:24,220 (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 or can reasonably be expected to harm any person or entity; 2. 75 00:06:24,759 --> 00:06:30,829 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. 76 00:06:31,699 --> 00:06:37,649 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 person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; 4. 77 00:06:38,509 --> 00:06:45,779 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. 78 00:06:52,620 --> 00:06:54,579 contains 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 entity's use or enjoyment of the WDIG Sites; or 6. 79 00:06:54,889 --> 00:06:58,319 (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. 80 00:07:05,230 --> 00:07:07,600 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. 81 00:07:07,970 --> 00:07:11,540 back to top of page. 82 00:07:12,069 --> 00:07:17,610 8. COOPERATION 83 00:07:18,410 --> 00:07:24,829 ; 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. 84 00:07:25,750 --> 00:07:34,100 Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. 85 00:07:39,769 --> 00:07:43,550 back to top of page. 86 00:07:44,110 --> 00:07:45,980 9. 87 00:07:46,269 --> 00:07:48,879 CONTENT ACCESSIBLE THROUGH LIN. 88 00:07:54,180 --> 00:07:56,899 KS 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. 89 00:08:06,730 --> 00:08:08,250 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. 90 00:08:08,500 --> 00:08:10,079 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 contained on our sites. 91 00:08:10,329 --> 00:08:11,259 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. 92 00:08:11,430 --> 00:08:12,829 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. 93 00:08:13,069 --> 00:08:15,850 back to top of page. 94 00:08:16,269 --> 00:08:21,660 10. DISCLAIMERS 95 00:08:22,439 --> 00:08:25,129 THE 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 WARRANTIES OF ANY KIND. 96 00:08:25,550 --> 00:08:27,189 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. 97 00:08:27,449 --> 00:08:28,379 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. 98 00:08:28,550 --> 00:08:30,189 MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 99 00:08:30,449 --> 00:08:32,149 WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. 100 00:08:32,419 --> 00:08:33,379 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). 101 00:08:33,559 --> 00:08:36,370 Furthermore, the Content is not intended to be a substitute for professional medical advice. 102 00:08:36,789 --> 00:08:39,480 Always seek the advice of your physician with any questions you may have regarding a medical condition. 103 00:08:39,889 --> 00:08:41,759 If you think you may have a medical emergency, call your doctor or 911 immediately. 104 00:08:42,059 --> 00:08:43,519 Reliance on any information appearing on a WDIG Site is strictly at your own risk. 105 00:08:43,769 --> 00:08:46,200 WDIG Sites may contain the opinions and views of other users. 106 00:08:46,570 --> 00:08:47,620 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. 107 00:08:47,799 --> 00:08:49,909 The content of WDIG Sites are intended for educational and entertainment purposes only. 108 00:08:50,240 --> 00:08:53,399 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. 109 00:08:53,879 --> 00:08:56,159 Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 110 00:08:56,509 --> 00:09:01,610 You should not act or refrain from acting on the basis of any content included in, or accessible through, the WDIG Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. 111 00:09:02,350 --> 00:09:04,600 back to top of page. 112 00:09:04,950 --> 00:09:06,409 11. INDEMNIFICATION 113 00:09:06,649 --> 00:09:11,480 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). 114 00:09:12,190 --> 00:09:16,000 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). 115 00:09:16,559 --> 00:09:18,870 You shall use your best efforts to cooperate with us in the defense of any claim. 116 00:09:19,230 --> 00:09:22,070 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. 117 00:09:22,500 --> 00:09:24,669 back to top of page. 118 00:09:25,009 --> 00:09:27,230 12. 119 00:09:27,580 --> 00:09:29,250 LIMITATION OF LIABILITY. 120 00:09:29,509 --> 00:09:30,799 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, 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. 121 00:09:31,009 --> 00:09:32,029 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE. 122 00:09:32,210 --> 00:09:34,080 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. 123 00:09:34,379 --> 00:09:35,870 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. 124 00:09:36,120 --> 00:09:38,139 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 125 00:09:38,450 --> 00:09:43,110 back to top of page. 126 00:09:48,460 --> 00:09:50,129 13. 127 00:09:50,399 --> 00:09:52,860 JURISDICTIONAL AND VENUE ISSUE. 128 00:09:53,230 --> 00:09:56,480 S 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. 129 00:09:56,970 --> 00:09:58,519 We make no representation that Content on any WDIG Site is appropriate or available for use in any particular location. 130 00:09:58,769 --> 00:10:01,350 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. 131 00:10:01,740 --> 00:10:03,960 back to top of page. 132 00:10:05,909 --> 00:10:06,899 14. AMENDMENT 133 00:10:07,080 --> 00:10:08,659 At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). 134 00:10:08,919 --> 00:10:09,789 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 Web sites covered by these terms of use. 135 00:10:10,110 --> 00:10:10,600 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 Web Sites. 136 00:10:11,870 --> 00:10:13,509 Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. 137 00:10:13,779 --> 00:10:16,149 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. 138 00:10:16,509 --> 00:10:18,470 back to top of page. 139 00:10:18,779 --> 00:10:22,059 15. 140 00:10:22,549 --> 00:10:24,860 GENERAL PROVISIONS. 141 00:10:25,220 --> 00:10:27,799 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. 142 00:10:28,190 --> 00:10:30,269 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. 143 00:10:30,590 --> 00:10:32,870 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. 144 00:10:33,230 --> 00:10:36,950 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 ANY WDIG SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 145 00:10:37,500 --> 00:10:46,590 Supply of goods, services and software through WDIG Sites is subject to United States export control and economic sanctions requirements. 146 00:10:48,840 --> 00:10:50,570 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. 147 00:10:50,850 --> 00:10:52,690 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. 148 00:10:52,980 --> 00:10:54,909 Treasury Department's Specially Designated Nationals List or the U.S. 149 00:10:55,220 --> 00:10:57,149 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. 150 00:10:57,450 --> 00:10:59,970 back to top of page. 151 00:11:00,360 --> 00:11:02,470 16. 152 00:11:02,789 --> 00:11:04,100 CLAIMS OF COPYRIGHT INFRINGEME. 153 00:11:18,309 --> 00:11:21,330 NT 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. 154 00:11:23,309 --> 00:11:25,919 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. 155 00:11:26,320 --> 00:11:28,279 Notification must be submitted to the following Designated Agent: Service Provider: WDIG Name of Agent Designated to Receive Notification of Claimed Infringement: Laurence J. 156 00:11:28,580 --> 00:11:31,389 Shapiro Full Address of Designated Agent to Which Notification Should be Sent: 500 South Buena Vista Street, Burbank, CA 91521-7725 Telephone Number of Designated Agent: (818) 623-3200 Facsimile Number of Designated Agent: (818) 623-3637 E-Mail Address of Designated Agent: designated.agent@dig.TWDC.com To be effective, the notification must be a written communication that includes the following: 1. 157 00:11:31,820 --> 00:11:33,809 A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 158 00:11:34,120 --> 00:11:35,759 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; 3. 159 00:11:36,029 --> 00:11:36,929 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; 4. 160 00:11:37,090 --> 00:11:38,139 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; 5. 161 00:11:38,330 --> 00:11:39,820 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 6. 162 00:11:40,059 --> 00:11:41,759 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. 163 00:11:42,029 --> 00:11:46,129 We may give you notice that we have removed or disabled access to certain material by means of a general notice on any WDIG Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. 164 00:11:46,740 --> 00:11:49,580 If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. 165 00:11:50,009 --> 00:11:51,179 To be effective, the counter-notification must be a written communication that includes the following: 1. 166 00:11:51,370 --> 00:11:53,299 Your physical or electronic signature; 2. 167 00:11:53,610 --> 00:11:55,070 Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. 168 00:11:55,309 --> 00:11:57,059 A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. 169 00:11:57,350 --> 00:11:59,100 Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which WDIG may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 170 00:11:59,379 --> 00:11:59,100 back to top of page. 171 00:11:59,549 --> 00:12:02,649 17. 172 00:12:03,120 --> 00:12:04,200 ATTRIBUTION AND NOTICES. 173 00:12:04,389 --> 00:12:06,610 The following provisions apply to certain third party Content made available on certain WDIG Sites. 174 00:12:06,960 --> 00:12:08,539 Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. 175 00:12:08,789 --> 00:12:10,250 However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above. 176 00:12:10,490 --> 00:12:12,509 Associated Press. 177 00:12:16,799 --> 00:12:18,110 ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. 178 00:12:31,309 --> 00:12:32,360 Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 179 00:12:32,549 --> 00:12:35,419 Users may not download or reproduce a substantial portion of the AP material found on this web site. 180 00:12:35,850 --> 00:12:37,110 AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. 181 00:12:37,320 --> 00:12:39,429 S&P ComStock, Inc. 182 00:12:39,759 --> 00:12:41,980 ("Comstock") and Standard & Poor's Investment Advisory Services, Inc. 183 00:12:42,320 --> 00:12:43,169 ("SPIAS" and, together with Comstock, referred to herein as "S&P"). 184 00:12:43,330 --> 00:12:44,620 All information provided by Comstock, SPIAS (through its S&P Personal Wealth service), and their affiliates (collectively, the "S&P Information") on this site is owned by or licensed to such entities and you are permitted to store, manipulate, analyze, reformat, print and display the S&P Information only for your personal use. 185 00:12:44,830 --> 00:12:45,679 In no event shall you publish, retransmit, redistribute, or otherwise reproduce any S&P Information in any format to anyone, nor shall you use any S&P Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal, or media business or enterprise. 186 00:12:45,830 --> 00:12:46,909 All information supplied by Comstock is displayed on a minimum fifteen (15)-minute-delayed basis. 187 00:12:47,100 --> 00:12:49,029 Prior to the execution of a security trade based upon such information, you are advised to consult with your broker or other financial representative to verify pricing information. 188 00:12:49,330 --> 00:12:51,409 You should consult with your advisors, including your financial and tax representatives, before making any investment decisions. 189 00:12:51,730 --> 00:12:53,279 Neither S&P nor its affiliates make any express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding the S&P Information. 190 00:12:53,539 --> 00:12:55,149 The S&P information is provided to users "as is." Neither S&P nor its affiliates will be liable to you or anyone else for any interruption, inaccuracy, error, or omission, regardless of cause, in the S&P Information or for any damages (whether direct or indirect, consequential, punitive, or exemplary) resulting therefrom. 191 00:12:55,399 --> 00:12:58,389 Dow Jones. 192 00:12:58,840 --> 00:13:00,210 The Dow Jones Averages (sm) and the Dow Jones Indexes are compiled, calculated, and distributed by Dow Jones & Company, Inc., and have been licensed for use. 193 00:13:00,440 --> 00:13:03,129 All content of the Dow Jones Averages (sm) and the Dow Jones Global Indexes (sm) (c) 1997 Dow Jones & Company, Inc. 194 00:13:03,549 --> 00:13:04,779 All Rights Reserved. 195 00:13:04,980 --> 00:13:06,529 "Dow Jones sm)," "The Dow Jones Indexes (sm)," "The Dow Jones Averages (sm)," "Dow Jones Industrial Average (sm)," "DJIA (sm)," "Dow Jones Transportation Average (sm)," "DJTA (sm)," "Dow Jones Utility Average (sm)," "DJUA (sm)," "Dow Jones Composite Average (sm)," "The Dow Jones Global Indexes (sm)," "DJGI (sm)," and names of the component indexes of the Dow Jones Global Indexes are famous, well-known, and internationally recognized trademarks of Dow Jones & Company, Inc., and have been licensed for use by certain WDIG Sites. 196 00:13:06,779 --> 00:13:08,240 NASDAQ Stock Market. 197 00:13:08,480 --> 00:13:10,090 All NASDAQ information is displayed on a twenty (20)-minute-delayed basis and is not Real-Time information. 198 00:13:10,350 --> 00:13:12,899 Business Wire. 199 00:13:13,289 --> 00:13:16,570 All of the Business Wire news releases are protected by copyright and other applicable laws, treaties, and conventions. 200 00:13:17,059 --> 00:13:19,429 Information contained in such releases is furnished by Business Wire's suppliers/members, who are solely responsible for their content, accuracy, and originality. 201 00:13:19,799 --> 00:13:21,580 All reproduction, other than for an individual user's personal reference, is prohibited without prior written permission. 202 00:13:21,860 --> 00:13:22,970 Reuter's content is the intellectual property of Reuters or its third-party content providers. 203 00:13:23,169 --> 00:13:24,539 Any copying, republication, or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. 204 00:13:24,769 --> 00:13:26,639 Reuters shall not be liable for any errors, delays in content, or for any actions taken in reliance thereon. 205 00:13:26,940 --> 00:13:28,399 Reuters and the Reuters Group are registered trademarks of the Reuters group of companies around the world. 206 00:13:28,639 --> 00:13:29,629 For additional information on other Reuters Services please visit the Reuters public Web site - http://www.reuters.com.. 207 00:13:29,809 --> 00:13:30,740 Terms of UseUpdated: 5/6/08. 208 00:13:30,909 --> 00:13:32,279 1. INTRODUCTION 209 00:13:32,509 --> 00:13:34,500 Welcome to the Internet sites of the Walt Disney Internet Group ("WDIG"). 210 00:13:34,809 --> 00:13:36,330 "WDIG Sites" include Disney.com, ABCNEWS.com, ABC.com, ESPN.com, DisneyShopping.com, Go.com, Movies.com, FamilyFun.com, and other Internet sites on which these terms of use are posted. 211 00:13:36,580 --> 00:13:38,799 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". 212 00:13:39,149 --> 00:13:41,460 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WDIG SITE. 213 00:13:41,820 --> 00:13:44,429 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. 214 00:13:44,820 --> 00:13:48,509 If you do not agree to these terms of use, you may not use the WDIG Sites. 215 00:13:49,059 --> 00:13:50,639 Note that special terms apply to some services offered on certain WDIG Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. 216 00:13:50,889 --> 00:13:52,120 These terms are posted in connection with the applicable service. 217 00:13:52,330 --> 00:13:54,110 Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. 218 00:13:54,399 --> 00:13:55,250 You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. 219 00:13:55,399 --> 00:13:57,100 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. 220 00:13:58,830 --> 00:13:59,850 back to top of page. 221 00:14:00,039 --> 00:14:02,379 2. USE OF CONTENT 222 00:14:02,740 --> 00:14:04,049 All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on WDIG Sites are our copyrighted property or the copyrighted property of our licensors or licensees. 223 00:14:04,269 --> 00:14:05,120 All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. 224 00:14:05,269 --> 00:14:06,820 We may change the WDIG Sites or delete Content or features at any time, in any way, for any or no reason. 225 00:14:07,080 --> 00:14:08,100 Except as we specifically agree in writing, no Content from any WDIG Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the WDIG Site, 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. 226 00:14:08,279 --> 00:14:10,299 Any business use, "re-mailing" or high-volume or automated use of WDIG Sites is prohibited. 227 00:14:10,610 --> 00:14:12,720 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. 228 00:14:13,049 --> 00:14:16,299 We do not transfer title to the Software to you. 229 00:14:16,789 --> 00:14:17,779 You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. 230 00:14:17,950 --> 00:14:19,409 back to top of page. 231 00:14:19,659 --> 00:14:21,559 3. SUBMISSIONS 232 00:14:21,860 --> 00:14:23,970 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, 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. 233 00:14:24,289 --> 00:14:25,580 There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. 234 00:14:25,789 --> 00:14:26,870 "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")). 235 00:14:27,059 --> 00:14:28,460 "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. 236 00:14:28,700 --> 00:14:30,750 DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. 237 00:14:31,070 --> 00:14:33,440 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. 238 00:14:33,799 --> 00:14:35,610 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. 239 00:14:35,899 --> 00:14:37,600 We therefore ask that you not Distribute any Unsolicited Submission. 240 00:14:37,870 --> 00:14:39,100 In any event, you agree that any Submissions you make is 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).. 241 00:14:39,309 --> 00:14:41,299 Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. 242 00:14:41,610 --> 00:14:43,360 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. 243 00:14:43,649 --> 00:14:45,929 back to top of page. 244 00:14:46,279 --> 00:14:48,090 4. 245 00:14:48,379 --> 00:14:50,049 LICENSES AND REPRESENTATIONS. 246 00:14:50,320 --> 00:14:51,610 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 (in whole or part) 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 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"). 247 00:14:51,820 --> 00:14:53,750 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). 248 00:14:54,059 --> 00:14:55,700 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. 249 00:14:55,960 --> 00:14:59,000 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 ASCAP, BMI, SESAC or any other applicable performing rights 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. 250 00:15:02,200 --> 00:15:03,100 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. 251 00:15:03,269 --> 00:15:05,019 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. 252 00:15:10,269 --> 00:15:12,200 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. 253 00:15:12,509 --> 00:15:13,850 You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. 254 00:15:14,080 --> 00:15:16,919 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. 255 00:15:17,350 --> 00:15:19,519 To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. 256 00:15:32,460 --> 00:15:35,009 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. 257 00:15:35,399 --> 00:15:38,009 back to top of page. 258 00:15:38,399 --> 00:15:40,620 5. ACCOUNTS 259 00:15:40,970 --> 00:15:42,549 Some services on the WDIG Sites permit or require you to create an account to participate or to secure additional benefits. 260 00:15:42,809 --> 00:15:46,059 You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). 261 00:15:46,539 --> 00:15:48,120 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. 262 00:15:48,379 --> 00:15:50,250 You also agree to promptly notify us at security_breach@help.go.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any WDIG Site. 263 00:15:50,549 --> 00:15:52,129 In addition, you agree to exit from your account at the end of each session. 264 00:15:52,379 --> 00:15:54,549 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. 265 00:15:54,879 --> 00:15:57,980 back to top of page. 266 00:15:58,820 --> 00:16:01,889 6. 267 00:16:05,259 --> 00:16:07,450 PUBLIC FORUMS AND COMMUNICATIO. 268 00:16:10,029 --> 00:16:11,929 N "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). 269 00:16:12,230 --> 00:16:16,179 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. 270 00:16:16,769 --> 00:16:19,379 We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. 271 00:16:19,779 --> 00:16:23,409 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. 272 00:16:23,950 --> 00:16:25,559 We have no duty to monitor any Public Forum. 273 00:16:25,809 --> 00:16:27,649 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. 274 00:16:27,950 --> 00:16:29,090 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. 275 00:16:29,279 --> 00:16:30,710 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. 276 00:16:30,950 --> 00:16:32,149 back to top of page. 277 00:16:32,350 --> 00:16:33,610 7. RULES OF CONDUCT 278 00:16:33,820 --> 00:16:35,519 The following Rules of Conduct apply to the WDIG Sites. 279 00:16:35,789 --> 00:16:37,080 By using the WDIG Sites, you agree that you will not Distribute any Submission that: 1. 280 00:16:37,289 --> 00:16:38,139 (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 or can reasonably be expected to harm any person or entity; 2. 281 00:16:38,289 --> 00:16:40,750 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. 282 00:16:41,129 --> 00:16:42,590 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 person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; 4. 283 00:16:42,830 --> 00:16:43,970 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. 284 00:16:44,169 --> 00:16:46,190 contains 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 entity's use or enjoyment of the WDIG Sites; or 6. 285 00:16:46,500 --> 00:16:48,230 (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. 286 00:16:48,500 --> 00:16:50,490 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. 287 00:16:50,809 --> 00:16:53,029 back to top of page. 288 00:16:53,379 --> 00:16:55,519 8. COOPERATION 289 00:16:55,840 --> 00:16:58,210 ; 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. 290 00:16:58,580 --> 00:17:00,070 Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. 291 00:17:00,320 --> 00:17:03,159 back to top of page. 292 00:17:03,590 --> 00:17:05,900 9. 293 00:17:06,259 --> 00:17:09,829 CONTENT ACCESSIBLE THROUGH LIN. 294 00:17:10,359 --> 00:17:11,470 KS 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. 295 00:17:11,660 --> 00:17:12,650 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. 296 00:17:12,829 --> 00:17:14,119 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 contained on our sites. 297 00:17:14,329 --> 00:17:15,759 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. 298 00:17:16,000 --> 00:17:17,309 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. 299 00:17:18,500 --> 00:17:20,519 back to top of page. 300 00:17:20,839 --> 00:17:22,859 10. DISCLAIMERS 301 00:17:23,170 --> 00:17:25,480 THE 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 WARRANTIES OF ANY KIND. 302 00:17:25,839 --> 00:17:27,269 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. 303 00:17:27,509 --> 00:17:29,259 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. 304 00:17:30,849 --> 00:17:32,960 MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 305 00:17:33,279 --> 00:17:36,970 WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. 306 00:17:37,519 --> 00:17:40,420 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). 307 00:17:40,859 --> 00:17:43,049 Furthermore, the Content is not intended to be a substitute for professional medical advice. 308 00:17:43,390 --> 00:17:46,109 Always seek the advice of your physician with any questions you may have regarding a medical condition. 309 00:17:46,529 --> 00:17:51,009 If you think you may have a medical emergency, call your doctor or 911 immediately. 310 00:17:51,670 --> 00:17:53,859 Reliance on any information appearing on a WDIG Site is strictly at your own risk. 311 00:17:54,200 --> 00:17:57,710 WDIG Sites may contain the opinions and views of other users. 312 00:18:03,349 --> 00:18:05,430 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. 313 00:18:05,750 --> 00:18:07,480 The content of WDIG Sites are intended for educational and entertainment purposes only. 314 00:18:07,750 --> 00:18:09,039 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. 315 00:18:09,250 --> 00:18:12,059 Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 316 00:18:12,490 --> 00:18:15,829 You should not act or refrain from acting on the basis of any content included in, or accessible through, the WDIG Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. 317 00:18:16,329 --> 00:18:17,619 back to top of page. 318 00:18:17,829 --> 00:18:19,609 11. INDEMNIFICATION 319 00:18:19,900 --> 00:18:22,390 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). 320 00:18:22,759 --> 00:18:24,950 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). 321 00:18:27,769 --> 00:18:29,910 You shall use your best efforts to cooperate with us in the defense of any claim. 322 00:18:30,240 --> 00:18:32,410 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. 323 00:18:32,740 --> 00:18:36,109 back to top of page. 324 00:18:36,609 --> 00:18:38,339 12. 325 00:18:38,609 --> 00:18:39,809 LIMITATION OF LIABILITY. 326 00:18:40,019 --> 00:18:41,799 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, 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. 327 00:18:42,079 --> 00:18:43,660 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE. 328 00:18:43,920 --> 00:18:44,819 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. 329 00:18:44,990 --> 00:18:45,950 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. 330 00:18:46,119 --> 00:18:47,960 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 331 00:18:48,259 --> 00:18:49,519 back to top of page. 332 00:18:49,730 --> 00:18:50,690 13. 333 00:18:50,859 --> 00:18:52,119 JURISDICTIONAL AND VENUE ISSUE. 334 00:18:52,329 --> 00:18:53,849 S 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. 335 00:18:54,099 --> 00:18:55,059 We make no representation that Content on any WDIG Site is appropriate or available for use in any particular location. 336 00:18:55,230 --> 00:18:57,009 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. 337 00:18:57,299 --> 00:18:58,589 back to top of page. 338 00:18:58,799 --> 00:19:00,940 14. AMENDMENT 339 00:19:01,269 --> 00:19:02,529 At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). 340 00:19:02,740 --> 00:19:04,640 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 Web sites covered by these terms of use. 341 00:19:04,940 --> 00:19:06,809 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 Web Sites. 342 00:19:07,109 --> 00:19:09,599 Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. 343 00:19:09,980 --> 00:19:11,819 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. 344 00:19:12,109 --> 00:19:13,950 back to top of page. 345 00:19:14,250 --> 00:19:15,980 15. 346 00:19:16,250 --> 00:19:18,420 GENERAL PROVISIONS. 347 00:19:18,750 --> 00:19:20,450 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. 348 00:19:20,720 --> 00:19:22,029 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. 349 00:19:22,259 --> 00:19:24,400 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. 350 00:19:24,730 --> 00:19:26,069 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 ANY WDIG SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 351 00:19:26,289 --> 00:19:27,460 Supply of goods, services and software through WDIG Sites is subject to United States export control and economic sanctions requirements. 352 00:19:27,660 --> 00:19:29,029 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. 353 00:19:29,259 --> 00:19:31,980 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. 354 00:19:33,769 --> 00:19:35,519 Treasury Department's Specially Designated Nationals List or the U.S. 355 00:19:35,799 --> 00:19:37,059 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. 356 00:19:37,269 --> 00:19:38,170 back to top of page. 357 00:19:38,339 --> 00:19:40,619 16. 358 00:19:40,980 --> 00:19:42,680 CLAIMS OF COPYRIGHT INFRINGEME. 359 00:19:42,940 --> 00:19:44,640 NT 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. 360 00:19:44,910 --> 00:19:47,490 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. 361 00:19:47,880 --> 00:19:49,430 Notification must be submitted to the following Designated Agent: Service Provider: WDIG Name of Agent Designated to Receive Notification of Claimed Infringement: Laurence J. 362 00:19:49,680 --> 00:19:50,819 Shapiro Full Address of Designated Agent to Which Notification Should be Sent: 500 South Buena Vista Street, Burbank, CA 91521-7725 Telephone Number of Designated Agent: (818) 623-3200 Facsimile Number of Designated Agent: (818) 623-3637 E-Mail Address of Designated Agent: designated.agent@dig.TWDC.com To be effective, the notification must be a written communication that includes the following: 1. 363 00:19:51,019 --> 00:19:52,009 A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 364 00:19:52,190 --> 00:19:53,210 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; 3. 365 00:19:53,390 --> 00:19:54,759 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; 4. 366 00:19:54,990 --> 00:19:57,210 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; 5. 367 00:19:57,559 --> 00:19:59,339 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 6. 368 00:19:59,630 --> 00:20:02,380 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. 369 00:20:02,799 --> 00:20:04,579 We may give you notice that we have removed or disabled access to certain material by means of a general notice on any WDIG Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. 370 00:20:04,869 --> 00:20:06,769 If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. 371 00:20:07,069 --> 00:20:07,920 To be effective, the counter-notification must be a written communication that includes the following: 1. 372 00:20:08,069 --> 00:20:09,740 Your physical or electronic signature; 2. 373 00:20:10,009 --> 00:20:11,119 Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. 374 00:20:11,309 --> 00:20:12,180 A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. 375 00:20:12,339 --> 00:20:13,799 Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which WDIG may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 376 00:20:14,039 --> 00:20:15,910 back to top of page. 377 00:20:16,210 --> 00:20:17,849 17. 378 00:20:18,109 --> 00:20:21,359 ATTRIBUTION AND NOTICES. 379 00:20:21,849 --> 00:20:23,220 The following provisions apply to certain third party Content made available on certain WDIG Sites. 380 00:20:23,450 --> 00:20:25,200 Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. 381 00:20:25,490 --> 00:20:26,920 However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above. 382 00:20:27,160 --> 00:20:29,470 Associated Press. 383 00:20:29,829 --> 00:20:32,869 ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. 384 00:20:33,329 --> 00:20:34,529 Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 385 00:20:34,730 --> 00:20:36,279 Users may not download or reproduce a substantial portion of the AP material found on this web site. 386 00:20:36,529 --> 00:20:37,640 AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. 387 00:20:37,829 --> 00:20:38,880 S&P ComStock, Inc. 388 00:20:39,069 --> 00:20:42,000 ("Comstock") and Standard & Poor's Investment Advisory Services, Inc. 389 00:20:42,440 --> 00:20:45,400 ("SPIAS" and, together with Comstock, referred to herein as "S&P"). 390 00:20:45,839 --> 00:20:46,690 All information provided by Comstock, SPIAS (through its S&P Personal Wealth service), and their affiliates (collectively, the "S&P Information") on this site is owned by or licensed to such entities and you are permitted to store, manipulate, analyze, reformat, print and display the S&P Information only for your personal use. 391 00:20:46,839 --> 00:20:48,180 In no event shall you publish, retransmit, redistribute, or otherwise reproduce any S&P Information in any format to anyone, nor shall you use any S&P Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal, or media business or enterprise. 392 00:20:48,410 --> 00:20:51,400 All information supplied by Comstock is displayed on a minimum fifteen (15)-minute-delayed basis. 393 00:20:51,849 --> 00:20:53,109 Prior to the execution of a security trade based upon such information, you are advised to consult with your broker or other financial representative to verify pricing information. 394 00:20:53,319 --> 00:20:55,690 You should consult with your advisors, including your financial and tax representatives, before making any investment decisions. 395 00:20:56,049 --> 00:20:58,069 Neither S&P nor its affiliates make any express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding the S&P Information. 396 00:21:01,359 --> 00:21:02,559 The S&P information is provided to users "as is." Neither S&P nor its affiliates will be liable to you or anyone else for any interruption, inaccuracy, error, or omission, regardless of cause, in the S&P Information or for any damages (whether direct or indirect, consequential, punitive, or exemplary) resulting therefrom. 397 00:21:02,759 --> 00:21:04,720 Dow Jones. 398 00:21:05,029 --> 00:21:06,700 The Dow Jones Averages (sm) and the Dow Jones Indexes are compiled, calculated, and distributed by Dow Jones & Company, Inc., and have been licensed for use. 399 00:21:06,960 --> 00:21:08,130 All content of the Dow Jones Averages (sm) and the Dow Jones Global Indexes (sm) (c) 1997 Dow Jones & Company, Inc. 400 00:21:08,329 --> 00:21:10,470 All Rights Reserved. 401 00:21:10,799 --> 00:21:12,349 "Dow Jones sm)," "The Dow Jones Indexes (sm)," "The Dow Jones Averages (sm)," "Dow Jones Industrial Average (sm)," "DJIA (sm)," "Dow Jones Transportation Average (sm)," "DJTA (sm)," "Dow Jones Utility Average (sm)," "DJUA (sm)," "Dow Jones Composite Average (sm)," "The Dow Jones Global Indexes (sm)," "DJGI (sm)," and names of the component indexes of the Dow Jones Global Indexes are famous, well-known, and internationally recognized trademarks of Dow Jones & Company, Inc., and have been licensed for use by certain WDIG Sites. 402 00:21:12,599 --> 00:21:14,349 NASDAQ Stock Market. 403 00:21:14,640 --> 00:21:16,099 All NASDAQ information is displayed on a twenty (20)-minute-delayed basis and is not Real-Time information. 404 00:21:21,410 --> 00:21:22,720 Business Wire. 405 00:21:24,809 --> 00:21:28,410 All of the Business Wire news releases are protected by copyright and other applicable laws, treaties, and conventions. 406 00:21:28,950 --> 00:21:30,319 Information contained in such releases is furnished by Business Wire's suppliers/members, who are solely responsible for their content, accuracy, and originality. 407 00:21:30,549 --> 00:21:31,630 All reproduction, other than for an individual user's personal reference, is prohibited without prior written permission. 408 00:21:31,819 --> 00:21:33,750 Reuter's content is the intellectual property of Reuters or its third-party content providers. 409 00:21:34,059 --> 00:21:35,519 Any copying, republication, or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. 410 00:21:35,759 --> 00:21:37,630 Reuters shall not be liable for any errors, delays in content, or for any actions taken in reliance thereon. 411 00:21:39,089 --> 00:21:40,670 Reuters and the Reuters Group are registered trademarks of the Reuters group of companies around the world. 412 00:21:43,670 --> 00:21:44,900 For additional information on other Reuters Services please visit the Reuters public Web site - http://www.reuters.com.. 413 00:21:45,099 --> 00:21:46,710 Terms of UseUpdated: 5/6/08. 414 00:21:46,970 --> 00:21:49,599 1. INTRODUCTION 415 00:21:50,009 --> 00:21:50,859 Welcome to the Internet sites of the Walt Disney Internet Group ("WDIG"). 416 00:21:51,009 --> 00:21:52,589 "WDIG Sites" include Disney.com, ABCNEWS.com, ABC.com, ESPN.com, DisneyShopping.com, Go.com, Movies.com, FamilyFun.com, and other Internet sites on which these terms of use are posted. 417 00:21:52,839 --> 00:21:54,799 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". 418 00:21:55,109 --> 00:21:56,950 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WDIG SITE. 419 00:21:57,250 --> 00:21:58,769 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. 420 00:22:02,450 --> 00:22:03,910 If you do not agree to these terms of use, you may not use the WDIG Sites. 421 00:22:04,150 --> 00:22:05,549 Note that special terms apply to some services offered on certain WDIG Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. 422 00:22:05,789 --> 00:22:09,190 These terms are posted in connection with the applicable service. 423 00:22:09,690 --> 00:22:12,119 Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. 424 00:22:14,099 --> 00:22:14,970 You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. 425 00:22:15,130 --> 00:22:16,269 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. 426 00:22:16,460 --> 00:22:18,539 back to top of page. 427 00:22:18,869 --> 00:22:21,329 2. USE OF CONTENT 428 00:22:21,700 --> 00:22:23,869 All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on WDIG Sites are our copyrighted property or the copyrighted property of our licensors or licensees. 429 00:22:24,210 --> 00:22:25,640 All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. 430 00:22:25,869 --> 00:22:26,980 We may change the WDIG Sites or delete Content or features at any time, in any way, for any or no reason. 431 00:22:27,180 --> 00:22:30,109 Except as we specifically agree in writing, no Content from any WDIG Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the WDIG Site, 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. 432 00:22:30,549 --> 00:22:33,390 Any business use, "re-mailing" or high-volume or automated use of WDIG Sites is prohibited. 433 00:22:33,819 --> 00:22:34,990 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. 434 00:22:35,180 --> 00:22:37,259 We do not transfer title to the Software to you. 435 00:22:37,589 --> 00:22:40,079 You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. 436 00:22:40,460 --> 00:22:41,539 back to top of page. 437 00:22:41,720 --> 00:22:43,299 3. SUBMISSIONS 438 00:22:43,559 --> 00:22:44,819 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, 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. 439 00:22:45,029 --> 00:22:46,930 There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. 440 00:22:47,230 --> 00:22:49,980 "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")). 441 00:22:51,430 --> 00:22:53,099 "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. 442 00:22:57,789 --> 00:22:59,190 DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. 443 00:23:05,390 --> 00:23:06,289 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. 444 00:23:10,400 --> 00:23:12,099 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. 445 00:23:17,769 --> 00:23:19,579 We therefore ask that you not Distribute any Unsolicited Submission. 446 00:23:23,309 --> 00:23:25,089 In any event, you agree that any Submissions you make is 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).. 447 00:23:28,750 --> 00:23:30,589 Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. 448 00:23:36,220 --> 00:23:37,799 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. 449 00:24:02,279 --> 00:24:04,529 back to top of page. 450 00:24:13,829 --> 00:24:15,140 4. 451 00:24:30,849 --> 00:24:32,630 LICENSES AND REPRESENTATIONS. 452 00:24:37,490 --> 00:24:39,920 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 (in whole or part) 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 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"). 453 00:24:40,289 --> 00:24:41,190 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). 454 00:24:41,359 --> 00:24:42,230 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. 455 00:24:46,089 --> 00:24:47,900 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 ASCAP, BMI, SESAC or any other applicable performing rights 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. 456 00:24:48,200 --> 00:24:49,369 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. 457 00:24:50,900 --> 00:24:51,950 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. 458 00:24:52,130 --> 00:24:53,880 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. 459 00:24:54,170 --> 00:24:56,339 You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. 460 00:24:56,670 --> 00:24:58,720 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. 461 00:25:00,180 --> 00:25:01,490 To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. 462 00:25:12,319 --> 00:25:14,069 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. 463 00:25:31,410 --> 00:25:32,309 back to top of page. 464 00:25:32,470 --> 00:25:33,700 5. ACCOUNTS 465 00:25:33,910 --> 00:25:34,759 Some services on the WDIG Sites permit or require you to create an account to participate or to secure additional benefits. 466 00:25:34,910 --> 00:25:36,250 You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). 467 00:25:46,519 --> 00:25:49,420 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. 468 00:25:49,859 --> 00:25:49,420 You also agree to promptly notify us at security_breach@help.go.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any WDIG Site. 469 00:25:50,430 --> 00:25:52,099 In addition, you agree to exit from your account at the end of each session. 470 00:25:52,359 --> 00:25:54,109 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. 471 00:26:01,240 --> 00:26:04,140 back to top of page. 472 00:26:04,569 --> 00:26:07,730 6. 473 00:26:08,210 --> 00:26:11,670 PUBLIC FORUMS AND COMMUNICATIO. 474 00:26:12,180 --> 00:26:14,930 N "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). 475 00:26:15,349 --> 00:26:17,960 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. 476 00:26:18,349 --> 00:26:21,160 We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. 477 00:26:21,589 --> 00:26:27,950 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. 478 00:26:28,859 --> 00:26:32,400 We have no duty to monitor any Public Forum. 479 00:26:32,930 --> 00:26:35,539 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. 480 00:26:35,940 --> 00:26:39,130 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. 481 00:26:39,609 --> 00:26:42,740 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. 482 00:26:43,210 --> 00:26:46,250 back to top of page. 483 00:26:46,720 --> 00:26:50,059 7. RULES OF CONDUCT 484 00:26:50,549 --> 00:27:00,339 The following Rules of Conduct apply to the WDIG Sites. 485 00:27:04,569 --> 00:27:06,789 By using the WDIG Sites, you agree that you will not Distribute any Submission that: 1. 486 00:27:07,140 --> 00:27:09,599 (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 or can reasonably be expected to harm any person or entity; 2. 487 00:27:12,309 --> 00:27:13,240 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. 488 00:27:14,640 --> 00:27:17,009 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 person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; 4. 489 00:27:17,380 --> 00:27:18,690 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. 490 00:27:18,910 --> 00:27:20,519 contains 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 entity's use or enjoyment of the WDIG Sites; or 6. 491 00:27:20,779 --> 00:27:22,559 (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. 492 00:27:25,950 --> 00:27:27,440 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. 493 00:27:27,690 --> 00:27:29,559 back to top of page. 494 00:27:29,859 --> 00:27:32,029 8. COOPERATION 495 00:27:32,359 --> 00:27:34,730 ; 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. 496 00:27:35,099 --> 00:27:36,089 Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. 497 00:27:39,299 --> 00:27:40,970 back to top of page. 498 00:27:42,400 --> 00:27:45,029 9. 499 00:27:45,440 --> 00:27:46,869 CONTENT ACCESSIBLE THROUGH LIN. 500 00:27:47,109 --> 00:27:51,009 KS 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. 501 00:27:51,579 --> 00:27:53,420 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. 502 00:27:53,720 --> 00:27:55,740 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 contained on our sites. 503 00:27:56,049 --> 00:28:00,529 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. 504 00:28:01,190 --> 00:28:03,880 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. 505 00:28:04,289 --> 00:28:06,099 back to top of page. 506 00:28:06,390 --> 00:28:07,259 10. DISCLAIMERS 507 00:28:07,430 --> 00:28:08,509 THE 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 WARRANTIES OF ANY KIND. 508 00:28:08,700 --> 00:28:10,250 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. 509 00:28:10,500 --> 00:28:11,549 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. 510 00:28:11,730 --> 00:28:13,750 MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 511 00:28:15,640 --> 00:28:19,039 WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. 512 00:28:19,539 --> 00:28:21,650 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). 513 00:28:21,980 --> 00:28:23,940 Furthermore, the Content is not intended to be a substitute for professional medical advice. 514 00:28:24,250 --> 00:28:27,150 Always seek the advice of your physician with any questions you may have regarding a medical condition. 515 00:28:28,819 --> 00:28:30,569 If you think you may have a medical emergency, call your doctor or 911 immediately. 516 00:28:50,140 --> 00:28:52,480 Reliance on any information appearing on a WDIG Site is strictly at your own risk. 517 00:28:56,650 --> 00:28:57,700 WDIG Sites may contain the opinions and views of other users. 518 00:29:07,160 --> 00:29:08,650 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. 519 00:29:08,890 --> 00:29:11,259 The content of WDIG Sites are intended for educational and entertainment purposes only. 520 00:29:11,630 --> 00:29:14,910 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. 521 00:29:15,400 --> 00:29:17,099 Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 522 00:29:18,630 --> 00:29:21,029 You should not act or refrain from acting on the basis of any content included in, or accessible through, the WDIG Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. 523 00:29:21,400 --> 00:29:23,039 back to top of page. 524 00:29:23,299 --> 00:29:24,230 11. INDEMNIFICATION 525 00:29:24,410 --> 00:29:25,750 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). 526 00:29:25,970 --> 00:29:27,490 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). 527 00:29:32,680 --> 00:29:34,109 You shall use your best efforts to cooperate with us in the defense of any claim. 528 00:29:50,670 --> 00:29:53,980 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. 529 00:29:54,470 --> 00:29:55,990 back to top of page. 530 00:29:56,240 --> 00:29:57,440 12. 531 00:29:57,529 --> 00:30:00,549 LIMITATION OF LIABILITY. 532 00:30:01,000 --> 00:30:03,900 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, 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. 533 00:30:04,329 --> 00:30:06,500 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE. 534 00:30:06,829 --> 00:30:08,500 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. 535 00:30:12,269 --> 00:30:14,019 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. 536 00:30:14,309 --> 00:30:15,799 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 537 00:30:16,039 --> 00:30:17,740 back to top of page. 538 00:30:18,009 --> 00:30:20,819 13. 539 00:30:21,250 --> 00:30:26,109 JURISDICTIONAL AND VENUE ISSUE. 540 00:30:26,819 --> 00:30:29,039 S 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. 541 00:30:29,390 --> 00:30:34,309 We make no representation that Content on any WDIG Site is appropriate or available for use in any particular location. 542 00:30:35,029 --> 00:30:38,339 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. 543 00:30:38,829 --> 00:30:42,930 back to top of page. 544 00:30:43,539 --> 00:30:45,910 14. AMENDMENT 545 00:30:46,269 --> 00:30:48,410 At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). 546 00:30:48,740 --> 00:30:51,579 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 Web sites covered by these terms of use. 547 00:30:52,009 --> 00:30:59,450 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 Web Sites. 548 00:31:00,519 --> 00:31:02,130 Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. 549 00:31:08,200 --> 00:31:10,279 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. 550 00:31:10,599 --> 00:31:12,970 back to top of page. 551 00:31:13,329 --> 00:31:16,319 15. 552 00:31:16,769 --> 00:31:22,420 GENERAL PROVISIONS. 553 00:31:23,240 --> 00:31:25,789 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. 554 00:31:26,180 --> 00:31:27,230 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. 555 00:31:27,420 --> 00:31:28,589 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. 556 00:31:28,779 --> 00:31:30,680 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 ANY WDIG SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 557 00:31:30,990 --> 00:31:33,130 Supply of goods, services and software through WDIG Sites is subject to United States export control and economic sanctions requirements. 558 00:31:33,450 --> 00:31:35,849 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. 559 00:31:36,220 --> 00:31:37,480 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. 560 00:31:37,690 --> 00:31:38,589 Treasury Department's Specially Designated Nationals List or the U.S. 561 00:31:38,759 --> 00:31:39,720 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. 562 00:31:39,890 --> 00:31:41,180 back to top of page. 563 00:31:41,400 --> 00:31:42,359 16. 564 00:31:42,529 --> 00:31:43,400 CLAIMS OF COPYRIGHT INFRINGEME. 565 00:31:43,559 --> 00:31:44,609 NT 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. 566 00:31:44,799 --> 00:31:46,730 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. 567 00:31:47,029 --> 00:31:49,170 Notification must be submitted to the following Designated Agent: Service Provider: WDIG Name of Agent Designated to Receive Notification of Claimed Infringement: Laurence J. 568 00:31:49,500 --> 00:31:54,329 Shapiro Full Address of Designated Agent to Which Notification Should be Sent: 500 South Buena Vista Street, Burbank, CA 91521-7725 Telephone Number of Designated Agent: (818) 623-3200 Facsimile Number of Designated Agent: (818) 623-3637 E-Mail Address of Designated Agent: designated.agent@dig.TWDC.com To be effective, the notification must be a written communication that includes the following: 1. 569 00:31:55,039 --> 00:31:57,819 A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 570 00:31:58,250 --> 00:32:00,029 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; 3. 571 00:32:00,309 --> 00:32:03,710 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; 4. 572 00:32:04,220 --> 00:32:09,960 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; 5. 573 00:32:10,789 --> 00:32:15,569 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 6. 574 00:32:16,259 --> 00:32:19,720 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. 575 00:32:20,230 --> 00:32:22,779 We may give you notice that we have removed or disabled access to certain material by means of a general notice on any WDIG Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. 576 00:32:23,170 --> 00:32:25,980 If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. 577 00:32:26,410 --> 00:32:29,690 To be effective, the counter-notification must be a written communication that includes the following: 1. 578 00:32:30,180 --> 00:32:38,089 Your physical or electronic signature; 2. 579 00:32:43,690 --> 00:32:45,180 Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. 580 00:32:45,430 --> 00:32:46,690 A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. 581 00:32:48,029 --> 00:32:49,019 Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which WDIG may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 582 00:32:50,460 --> 00:32:52,240 back to top of page. 583 00:32:52,529 --> 00:32:54,049 17. 584 00:32:54,299 --> 00:32:55,559 ATTRIBUTION AND NOTICES. 585 00:32:55,769 --> 00:32:56,940 The following provisions apply to certain third party Content made available on certain WDIG Sites. 586 00:32:58,769 --> 00:32:59,619 Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. 587 00:32:59,769 --> 00:33:00,880 However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above. 588 00:33:01,079 --> 00:33:02,720 Associated Press. 589 00:33:02,980 --> 00:33:04,529 ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. 590 00:33:04,779 --> 00:33:06,950 Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 591 00:33:07,279 --> 00:33:08,539 Users may not download or reproduce a substantial portion of the AP material found on this web site. 592 00:33:08,750 --> 00:33:11,150 AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. 593 00:33:11,519 --> 00:33:12,450 S&P ComStock, Inc. 594 00:33:12,619 --> 00:33:14,730 ("Comstock") and Standard & Poor's Investment Advisory Services, Inc. 595 00:33:20,259 --> 00:33:22,400 ("SPIAS" and, together with Comstock, referred to herein as "S&P"). 596 00:33:22,730 --> 00:33:23,579 All information provided by Comstock, SPIAS (through its S&P Personal Wealth service), and their affiliates (collectively, the "S&P Information") on this site is owned by or licensed to such entities and you are permitted to store, manipulate, analyze, reformat, print and display the S&P Information only for your personal use. 597 00:33:23,730 --> 00:33:24,779 In no event shall you publish, retransmit, redistribute, or otherwise reproduce any S&P Information in any format to anyone, nor shall you use any S&P Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal, or media business or enterprise. 598 00:33:24,970 --> 00:33:26,079 All information supplied by Comstock is displayed on a minimum fifteen (15)-minute-delayed basis. 599 00:33:31,710 --> 00:33:33,319 Prior to the execution of a security trade based upon such information, you are advised to consult with your broker or other financial representative to verify pricing information. 600 00:33:33,569 --> 00:33:35,000 You should consult with your advisors, including your financial and tax representatives, before making any investment decisions. 601 00:33:35,240 --> 00:33:37,819 Neither S&P nor its affiliates make any express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding the S&P Information. 602 00:33:38,210 --> 00:33:39,730 The S&P information is provided to users "as is." Neither S&P nor its affiliates will be liable to you or anyone else for any interruption, inaccuracy, error, or omission, regardless of cause, in the S&P Information or for any damages (whether direct or indirect, consequential, punitive, or exemplary) resulting therefrom. 603 00:33:39,980 --> 00:33:42,440 Dow Jones. 604 00:33:42,819 --> 00:33:44,109 The Dow Jones Averages (sm) and the Dow Jones Indexes are compiled, calculated, and distributed by Dow Jones & Company, Inc., and have been licensed for use. 605 00:33:44,319 --> 00:33:46,509 All content of the Dow Jones Averages (sm) and the Dow Jones Global Indexes (sm) (c) 1997 Dow Jones & Company, Inc. 606 00:33:46,849 --> 00:33:48,549 All Rights Reserved. 607 00:33:48,819 --> 00:33:50,460 "Dow Jones sm)," "The Dow Jones Indexes (sm)," "The Dow Jones Averages (sm)," "Dow Jones Industrial Average (sm)," "DJIA (sm)," "Dow Jones Transportation Average (sm)," "DJTA (sm)," "Dow Jones Utility Average (sm)," "DJUA (sm)," "Dow Jones Composite Average (sm)," "The Dow Jones Global Indexes (sm)," "DJGI (sm)," and names of the component indexes of the Dow Jones Global Indexes are famous, well-known, and internationally recognized trademarks of Dow Jones & Company, Inc., and have been licensed for use by certain WDIG Sites. 608 00:33:50,720 --> 00:33:52,240 NASDAQ Stock Market. 609 00:33:52,490 --> 00:33:54,160 All NASDAQ information is displayed on a twenty (20)-minute-delayed basis and is not Real-Time information. 610 00:33:54,430 --> 00:33:56,920 Business Wire. 611 00:33:57,299 --> 00:33:59,109 All of the Business Wire news releases are protected by copyright and other applicable laws, treaties, and conventions. 612 00:33:59,400 --> 00:34:01,950 Information contained in such releases is furnished by Business Wire's suppliers/members, who are solely responsible for their content, accuracy, and originality. 613 00:34:02,339 --> 00:34:03,740 All reproduction, other than for an individual user's personal reference, is prohibited without prior written permission. 614 00:34:03,970 --> 00:34:07,509 Reuter's content is the intellectual property of Reuters or its third-party content providers. 615 00:34:08,039 --> 00:34:09,650 Any copying, republication, or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. 616 00:34:09,909 --> 00:34:12,630 Reuters shall not be liable for any errors, delays in content, or for any actions taken in reliance thereon. 617 00:34:13,050 --> 00:34:15,360 Reuters and the Reuters Group are registered trademarks of the Reuters group of companies around the world. 618 00:34:15,719 --> 00:34:17,500 For additional information on other Reuters Services please visit the Reuters public Web site - http://www.reuters.com.. 619 00:34:20,050 --> 00:34:22,539 Terms of UseUpdated: 5/6/08. 620 00:34:24,059 --> 00:34:26,170 1. INTRODUCTION 621 00:34:26,489 --> 00:34:27,659 Welcome to the Internet sites of the Walt Disney Internet Group ("WDIG"). 622 00:34:27,860 --> 00:34:30,320 "WDIG Sites" include Disney.com, ABCNEWS.com, ABC.com, ESPN.com, DisneyShopping.com, Go.com, Movies.com, FamilyFun.com, and other Internet sites on which these terms of use are posted. 623 00:34:30,699 --> 00:34:31,570 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". 624 00:34:31,730 --> 00:34:33,570 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WDIG SITE. 625 00:34:33,869 --> 00:34:35,420 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. 626 00:34:35,670 --> 00:34:38,280 If you do not agree to these terms of use, you may not use the WDIG Sites. 627 00:34:38,670 --> 00:34:40,400 Note that special terms apply to some services offered on certain WDIG Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. 628 00:34:40,670 --> 00:34:41,960 These terms are posted in connection with the applicable service. 629 00:34:42,179 --> 00:34:44,400 Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. 630 00:34:44,750 --> 00:34:45,599 You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. 631 00:34:45,750 --> 00:34:47,010 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. 632 00:34:47,210 --> 00:34:49,550 back to top of page. 633 00:34:49,920 --> 00:34:50,769 2. USE OF CONTENT 634 00:34:50,920 --> 00:34:51,880 All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on WDIG Sites are our copyrighted property or the copyrighted property of our licensors or licensees. 635 00:34:54,159 --> 00:34:56,059 All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. 636 00:34:56,360 --> 00:34:58,820 We may change the WDIG Sites or delete Content or features at any time, in any way, for any or no reason. 637 00:35:06,699 --> 00:35:08,070 Except as we specifically agree in writing, no Content from any WDIG Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the WDIG Site, 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. 638 00:35:08,300 --> 00:35:10,409 Any business use, "re-mailing" or high-volume or automated use of WDIG Sites is prohibited. 639 00:35:10,739 --> 00:35:12,760 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. 640 00:35:15,340 --> 00:35:17,179 We do not transfer title to the Software to you. 641 00:35:17,480 --> 00:35:18,469 You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. 642 00:35:18,650 --> 00:35:20,820 back to top of page. 643 00:35:21,150 --> 00:35:22,820 3. SUBMISSIONS 644 00:35:51,280 --> 00:35:52,739 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, 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. 645 00:36:17,269 --> 00:36:19,000 There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. 646 00:36:19,269 --> 00:36:20,559 "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")). 647 00:36:20,769 --> 00:36:21,909 "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. 648 00:36:22,110 --> 00:36:23,539 DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. 649 00:36:23,780 --> 00:36:24,739 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. 650 00:36:28,820 --> 00:36:29,840 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. 651 00:36:32,190 --> 00:36:34,090 We therefore ask that you not Distribute any Unsolicited Submission. 652 00:36:36,219 --> 00:36:37,179 In any event, you agree that any Submissions you make is 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).. 653 00:37:03,519 --> 00:37:04,889 Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. 654 00:37:05,119 --> 00:37:06,489 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. 655 00:37:14,460 --> 00:37:15,659 back to top of page. 656 00:37:29,880 --> 00:37:33,070 4. 657 00:37:33,550 --> 00:37:34,400 LICENSES AND REPRESENTATIONS. 658 00:37:34,550 --> 00:37:36,659 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 (in whole or part) 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 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"). 659 00:37:36,980 --> 00:37:38,239 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). 660 00:37:38,449 --> 00:37:39,679 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. 661 00:37:39,889 --> 00:37:41,090 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 ASCAP, BMI, SESAC or any other applicable performing rights 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. 662 00:37:45,059 --> 00:37:46,019 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. 663 00:37:46,190 --> 00:37:47,739 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. 664 00:37:49,059 --> 00:37:50,610 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. 665 00:37:50,860 --> 00:37:52,289 You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. 666 00:37:52,530 --> 00:37:53,989 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. 667 00:37:56,269 --> 00:37:57,849 To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. 668 00:37:58,110 --> 00:38:00,070 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. 669 00:38:00,369 --> 00:38:02,420 back to top of page. 670 00:38:05,309 --> 00:38:06,420 5. ACCOUNTS 671 00:38:06,610 --> 00:38:08,800 Some services on the WDIG Sites permit or require you to create an account to participate or to secure additional benefits. 672 00:38:12,190 --> 00:38:13,500 You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). 673 00:38:13,719 --> 00:38:14,570 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. 674 00:38:14,719 --> 00:38:16,179 You also agree to promptly notify us at security_breach@help.go.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any WDIG Site. 675 00:38:16,420 --> 00:38:18,260 In addition, you agree to exit from your account at the end of each session. 676 00:38:18,559 --> 00:38:20,309 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. 677 00:38:20,590 --> 00:38:21,820 back to top of page. 678 00:38:22,030 --> 00:38:24,550 6. 679 00:38:24,929 --> 00:38:27,099 PUBLIC FORUMS AND COMMUNICATIO. 680 00:38:27,429 --> 00:38:29,039 N "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). 681 00:38:29,300 --> 00:38:30,380 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. 682 00:38:30,570 --> 00:38:31,769 We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. 683 00:38:31,969 --> 00:38:33,809 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. 684 00:38:34,110 --> 00:38:36,219 We have no duty to monitor any Public Forum. 685 00:38:36,539 --> 00:38:37,969 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. 686 00:38:38,210 --> 00:38:39,059 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. 687 00:38:39,210 --> 00:38:40,199 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. 688 00:38:40,380 --> 00:38:42,309 back to top of page. 689 00:38:42,619 --> 00:38:44,929 7. RULES OF CONDUCT 690 00:38:45,289 --> 00:38:50,269 The following Rules of Conduct apply to the WDIG Sites. 691 00:38:50,989 --> 00:38:52,539 By using the WDIG Sites, you agree that you will not Distribute any Submission that: 1. 692 00:38:52,789 --> 00:38:55,250 (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 or can reasonably be expected to harm any person or entity; 2. 693 00:38:55,630 --> 00:38:57,269 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. 694 00:38:57,530 --> 00:38:58,900 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 person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; 4. 695 00:38:59,130 --> 00:39:00,940 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. 696 00:39:01,239 --> 00:39:03,019 contains 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 entity's use or enjoyment of the WDIG Sites; or 6. 697 00:39:03,300 --> 00:39:04,260 (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. 698 00:39:04,440 --> 00:39:05,929 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. 699 00:39:06,170 --> 00:39:07,869 back to top of page. 700 00:39:08,139 --> 00:39:10,010 8. COOPERATION 701 00:39:10,309 --> 00:39:11,769 ; 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. 702 00:39:12,010 --> 00:39:13,090 Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. 703 00:39:13,280 --> 00:39:14,179 back to top of page. 704 00:39:14,349 --> 00:39:15,519 9. 705 00:39:15,719 --> 00:39:17,059 CONTENT ACCESSIBLE THROUGH LIN. 706 00:39:17,280 --> 00:39:21,320 KS 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. 707 00:39:21,920 --> 00:39:24,059 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. 708 00:39:24,389 --> 00:39:25,909 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 contained on our sites. 709 00:39:26,159 --> 00:39:27,269 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. 710 00:39:27,460 --> 00:39:28,769 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. 711 00:39:29,000 --> 00:39:32,599 back to top of page. 712 00:39:33,130 --> 00:39:34,969 10. DISCLAIMERS 713 00:39:35,269 --> 00:39:37,289 THE 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 WARRANTIES OF ANY KIND. 714 00:39:37,599 --> 00:39:40,150 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. 715 00:39:45,179 --> 00:39:47,869 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. 716 00:39:48,280 --> 00:39:49,980 MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 717 00:40:01,230 --> 00:40:03,010 WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. 718 00:40:03,300 --> 00:40:05,030 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). 719 00:40:05,300 --> 00:40:07,880 Furthermore, the Content is not intended to be a substitute for professional medical advice. 720 00:40:08,269 --> 00:40:10,199 Always seek the advice of your physician with any questions you may have regarding a medical condition. 721 00:40:12,610 --> 00:40:14,420 If you think you may have a medical emergency, call your doctor or 911 immediately. 722 00:40:14,710 --> 00:40:16,139 Reliance on any information appearing on a WDIG Site is strictly at your own risk. 723 00:40:16,380 --> 00:40:18,369 WDIG Sites may contain the opinions and views of other users. 724 00:40:18,679 --> 00:40:20,869 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. 725 00:40:21,219 --> 00:40:22,269 The content of WDIG Sites are intended for educational and entertainment purposes only. 726 00:40:22,449 --> 00:40:23,820 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. 727 00:40:24,050 --> 00:40:25,719 Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 728 00:40:25,989 --> 00:40:27,159 You should not act or refrain from acting on the basis of any content included in, or accessible through, the WDIG Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. 729 00:40:27,349 --> 00:40:30,039 back to top of page. 730 00:40:30,460 --> 00:40:31,570 11. INDEMNIFICATION 731 00:40:31,760 --> 00:40:34,280 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). 732 00:40:34,659 --> 00:40:36,800 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). 733 00:40:37,170 --> 00:40:37,659 You shall use your best efforts to cooperate with us in the defense of any claim. 734 00:40:40,480 --> 00:40:44,170 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. 735 00:40:44,719 --> 00:40:46,769 back to top of page. 736 00:40:47,079 --> 00:40:48,570 12. 737 00:40:50,519 --> 00:40:51,829 LIMITATION OF LIABILITY. 738 00:40:52,059 --> 00:40:53,199 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, 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. 739 00:40:53,389 --> 00:40:54,530 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE. 740 00:40:54,730 --> 00:40:56,070 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. 741 00:40:56,289 --> 00:40:57,599 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. 742 00:40:58,960 --> 00:41:00,659 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 743 00:41:00,929 --> 00:41:02,039 back to top of page. 744 00:41:02,300 --> 00:41:03,969 13. 745 00:41:04,239 --> 00:41:05,909 JURISDICTIONAL AND VENUE ISSUE. 746 00:41:06,170 --> 00:41:07,719 S 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. 747 00:41:07,969 --> 00:41:09,550 We make no representation that Content on any WDIG Site is appropriate or available for use in any particular location. 748 00:41:09,809 --> 00:41:11,389 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. 749 00:41:11,639 --> 00:41:16,829 back to top of page. 750 00:41:21,050 --> 00:41:23,329 14. AMENDMENT 751 00:41:23,690 --> 00:41:25,710 At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). 752 00:41:26,019 --> 00:41:27,070 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 Web sites covered by these terms of use. 753 00:41:28,659 --> 00:41:30,849 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 Web Sites. 754 00:41:31,199 --> 00:41:32,070 Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. 755 00:41:32,230 --> 00:41:33,630 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. 756 00:41:33,860 --> 00:41:34,940 back to top of page. 757 00:41:35,130 --> 00:41:36,969 15. 758 00:41:37,269 --> 00:41:38,289 GENERAL PROVISIONS. 759 00:41:38,469 --> 00:41:40,340 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. 760 00:41:40,639 --> 00:41:42,659 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. 761 00:41:42,969 --> 00:41:44,719 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. 762 00:41:45,010 --> 00:41:46,739 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 ANY WDIG SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 763 00:41:47,010 --> 00:41:48,300 Supply of goods, services and software through WDIG Sites is subject to United States export control and economic sanctions requirements. 764 00:41:48,510 --> 00:41:50,260 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. 765 00:41:50,550 --> 00:41:52,039 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. 766 00:41:52,280 --> 00:41:54,090 Treasury Department's Specially Designated Nationals List or the U.S. 767 00:41:54,389 --> 00:41:59,050 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. 768 00:41:59,719 --> 00:42:02,150 back to top of page. 769 00:42:04,230 --> 00:42:05,079 16. 770 00:42:05,230 --> 00:42:06,750 CLAIMS OF COPYRIGHT INFRINGEME. 771 00:42:07,000 --> 00:42:08,369 NT 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. 772 00:42:13,440 --> 00:42:14,400 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. 773 00:42:14,570 --> 00:42:15,800 Notification must be submitted to the following Designated Agent: Service Provider: WDIG Name of Agent Designated to Receive Notification of Claimed Infringement: Laurence J. 774 00:42:16,010 --> 00:42:17,820 Shapiro Full Address of Designated Agent to Which Notification Should be Sent: 500 South Buena Vista Street, Burbank, CA 91521-7725 Telephone Number of Designated Agent: (818) 623-3200 Facsimile Number of Designated Agent: (818) 623-3637 E-Mail Address of Designated Agent: designated.agent@dig.TWDC.com To be effective, the notification must be a written communication that includes the following: 1. 775 00:42:18,110 --> 00:42:19,980 A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 776 00:42:20,280 --> 00:42:21,769 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; 3. 777 00:42:22,010 --> 00:42:23,090 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; 4. 778 00:42:23,280 --> 00:42:25,059 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; 5. 779 00:42:25,349 --> 00:42:26,989 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 6. 780 00:42:27,250 --> 00:42:28,860 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. 781 00:42:29,119 --> 00:42:30,320 We may give you notice that we have removed or disabled access to certain material by means of a general notice on any WDIG Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. 782 00:42:30,519 --> 00:42:32,949 If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. 783 00:42:33,320 --> 00:42:34,960 To be effective, the counter-notification must be a written communication that includes the following: 1. 784 00:42:35,230 --> 00:42:36,340 Your physical or electronic signature; 2. 785 00:42:36,530 --> 00:42:37,760 Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. 786 00:42:37,960 --> 00:42:39,980 A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. 787 00:42:40,300 --> 00:42:42,000 Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which WDIG may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 788 00:42:42,269 --> 00:42:43,500 back to top of page. 789 00:42:43,699 --> 00:42:44,780 17. 790 00:42:44,969 --> 00:42:46,869 ATTRIBUTION AND NOTICES. 791 00:42:47,170 --> 00:42:48,190 The following provisions apply to certain third party Content made available on certain WDIG Sites. 792 00:42:48,369 --> 00:42:49,710 Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. 793 00:42:49,940 --> 00:42:51,170 However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above. 794 00:42:51,380 --> 00:42:52,340 Associated Press. 795 00:42:52,510 --> 00:42:54,119 ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. 796 00:42:54,380 --> 00:42:56,159 Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 797 00:42:56,449 --> 00:43:00,050 Users may not download or reproduce a substantial portion of the AP material found on this web site. 798 00:43:00,579 --> 00:43:02,190 AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. 799 00:43:02,449 --> 00:43:04,699 S&P ComStock, Inc. 800 00:43:05,059 --> 00:43:06,110 ("Comstock") and Standard & Poor's Investment Advisory Services, Inc. 801 00:43:06,289 --> 00:43:07,340 ("SPIAS" and, together with Comstock, referred to herein as "S&P"). 802 00:43:07,530 --> 00:43:09,369 All information provided by Comstock, SPIAS (through its S&P Personal Wealth service), and their affiliates (collectively, the "S&P Information") on this site is owned by or licensed to such entities and you are permitted to store, manipulate, analyze, reformat, print and display the S&P Information only for your personal use. 803 00:43:09,659 --> 00:43:12,239 In no event shall you publish, retransmit, redistribute, or otherwise reproduce any S&P Information in any format to anyone, nor shall you use any S&P Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal, or media business or enterprise. 804 00:43:12,630 --> 00:43:14,909 All information supplied by Comstock is displayed on a minimum fifteen (15)-minute-delayed basis. 805 00:43:15,269 --> 00:43:18,400 Prior to the execution of a security trade based upon such information, you are advised to consult with your broker or other financial representative to verify pricing information. 806 00:43:18,869 --> 00:43:19,860 You should consult with your advisors, including your financial and tax representatives, before making any investment decisions. 807 00:43:20,039 --> 00:43:23,789 Neither S&P nor its affiliates make any express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding the S&P Information. 808 00:43:24,340 --> 00:43:25,360 The S&P information is provided to users "as is." Neither S&P nor its affiliates will be liable to you or anyone else for any interruption, inaccuracy, error, or omission, regardless of cause, in the S&P Information or for any damages (whether direct or indirect, consequential, punitive, or exemplary) resulting therefrom. 809 00:43:25,539 --> 00:43:27,469 Dow Jones. 810 00:43:27,780 --> 00:43:30,179 The Dow Jones Averages (sm) and the Dow Jones Indexes are compiled, calculated, and distributed by Dow Jones & Company, Inc., and have been licensed for use. 811 00:43:30,550 --> 00:43:33,179 All content of the Dow Jones Averages (sm) and the Dow Jones Global Indexes (sm) (c) 1997 Dow Jones & Company, Inc. 812 00:43:33,579 --> 00:43:36,210 All Rights Reserved. 813 00:43:36,619 --> 00:43:38,170 "Dow Jones sm)," "The Dow Jones Indexes (sm)," "The Dow Jones Averages (sm)," "Dow Jones Industrial Average (sm)," "DJIA (sm)," "Dow Jones Transportation Average (sm)," "DJTA (sm)," "Dow Jones Utility Average (sm)," "DJUA (sm)," "Dow Jones Composite Average (sm)," "The Dow Jones Global Indexes (sm)," "DJGI (sm)," and names of the component indexes of the Dow Jones Global Indexes are famous, well-known, and internationally recognized trademarks of Dow Jones & Company, Inc., and have been licensed for use by certain WDIG Sites. 814 00:43:38,420 --> 00:43:39,789 NASDAQ Stock Market. 815 00:43:40,019 --> 00:43:41,280 All NASDAQ information is displayed on a twenty (20)-minute-delayed basis and is not Real-Time information. 816 00:43:41,489 --> 00:43:42,480 Business Wire. 817 00:43:42,659 --> 00:43:43,619 All of the Business Wire news releases are protected by copyright and other applicable laws, treaties, and conventions. 818 00:43:43,789 --> 00:43:45,489 Information contained in such releases is furnished by Business Wire's suppliers/members, who are solely responsible for their content, accuracy, and originality. 819 00:43:45,760 --> 00:43:47,489 All reproduction, other than for an individual user's personal reference, is prohibited without prior written permission. 820 00:43:47,769 --> 00:43:49,610 Reuter's content is the intellectual property of Reuters or its third-party content providers. 821 00:43:55,239 --> 00:43:56,730 Any copying, republication, or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. 822 00:43:56,969 --> 00:43:58,489 Reuters shall not be liable for any errors, delays in content, or for any actions taken in reliance thereon. 823 00:43:58,739 --> 00:44:00,489 Reuters and the Reuters Group are registered trademarks of the Reuters group of companies around the world. 824 00:44:00,780 --> 00:44:03,329 For additional information on other Reuters Services please visit the Reuters public Web site - http://www.reuters.com.. 825 00:44:03,710 --> 00:44:04,880 Terms of UseUpdated: 5/6/08. 826 00:44:05,079 --> 00:44:06,369 1. INTRODUCTION 827 00:44:06,579 --> 00:44:08,539 Welcome to the Internet sites of the Walt Disney Internet Group ("WDIG"). 828 00:44:08,849 --> 00:44:10,519 "WDIG Sites" include Disney.com, ABCNEWS.com, ABC.com, ESPN.com, DisneyShopping.com, Go.com, Movies.com, FamilyFun.com, and other Internet sites on which these terms of use are posted. 829 00:44:10,789 --> 00:44:11,869 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". 830 00:44:12,059 --> 00:44:13,550 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WDIG SITE. 831 00:44:13,789 --> 00:44:14,639 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. 832 00:44:14,789 --> 00:44:16,690 If you do not agree to these terms of use, you may not use the WDIG Sites. 833 00:44:16,989 --> 00:44:19,389 Note that special terms apply to some services offered on certain WDIG Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. 834 00:44:21,230 --> 00:44:22,929 These terms are posted in connection with the applicable service. 835 00:44:24,469 --> 00:44:27,280 Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. 836 00:44:27,710 --> 00:44:30,050 You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. 837 00:44:30,409 --> 00:44:32,460 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. 838 00:44:32,780 --> 00:44:34,559 back to top of page. 839 00:44:34,849 --> 00:44:35,750 2. USE OF CONTENT 840 00:44:35,909 --> 00:44:35,750 All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on WDIG Sites are our copyrighted property or the copyrighted property of our licensors or licensees. 841 00:44:41,449 --> 00:44:43,289 All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. 842 00:44:43,590 --> 00:44:44,730 We may change the WDIG Sites or delete Content or features at any time, in any way, for any or no reason. 843 00:44:46,019 --> 00:44:47,889 Except as we specifically agree in writing, no Content from any WDIG Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the WDIG Site, 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. 844 00:44:52,500 --> 00:44:54,139 Any business use, "re-mailing" or high-volume or automated use of WDIG Sites is prohibited. 845 00:44:54,400 --> 00:44:55,690 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. 846 00:44:55,900 --> 00:44:58,449 We do not transfer title to the Software to you. 847 00:44:58,840 --> 00:45:00,829 You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. 848 00:45:01,139 --> 00:45:02,570 back to top of page. 849 00:45:02,809 --> 00:45:04,449 3. SUBMISSIONS 850 00:45:04,710 --> 00:45:05,699 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, 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. 851 00:45:05,880 --> 00:45:07,250 There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. 852 00:45:07,480 --> 00:45:09,440 "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")). 853 00:45:09,750 --> 00:45:12,380 "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. 854 00:45:12,780 --> 00:45:15,590 DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. 855 00:45:16,019 --> 00:45:17,329 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. 856 00:45:17,550 --> 00:45:18,659 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. 857 00:45:18,860 --> 00:45:20,030 We therefore ask that you not Distribute any Unsolicited Submission. 858 00:45:20,219 --> 00:45:22,090 In any event, you agree that any Submissions you make is 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).. 859 00:45:22,389 --> 00:45:23,289 Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. 860 00:45:23,460 --> 00:45:25,159 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. 861 00:45:25,429 --> 00:45:27,179 back to top of page. 862 00:45:27,460 --> 00:45:29,389 4. 863 00:45:29,699 --> 00:45:31,010 LICENSES AND REPRESENTATIONS. 864 00:45:31,239 --> 00:45:32,440 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 (in whole or part) 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 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"). 865 00:45:32,639 --> 00:45:34,190 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). 866 00:45:34,440 --> 00:45:36,219 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. 867 00:45:36,510 --> 00:45:38,260 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 ASCAP, BMI, SESAC or any other applicable performing rights 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. 868 00:45:38,539 --> 00:45:39,679 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. 869 00:45:42,880 --> 00:45:44,280 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. 870 00:45:46,320 --> 00:45:49,539 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. 871 00:45:50,019 --> 00:45:52,010 You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. 872 00:45:52,320 --> 00:45:54,750 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. 873 00:45:55,130 --> 00:45:57,320 To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. 874 00:45:57,659 --> 00:45:58,829 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. 875 00:45:59,030 --> 00:46:01,110 back to top of page. 876 00:46:01,429 --> 00:46:03,099 5. ACCOUNTS 877 00:46:03,369 --> 00:46:05,119 Some services on the WDIG Sites permit or require you to create an account to participate or to secure additional benefits. 878 00:46:05,400 --> 00:46:07,619 You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). 879 00:46:07,969 --> 00:46:09,869 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. 880 00:46:10,170 --> 00:46:11,340 You also agree to promptly notify us at security_breach@help.go.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any WDIG Site. 881 00:46:11,539 --> 00:46:12,650 In addition, you agree to exit from your account at the end of each session. 882 00:46:12,840 --> 00:46:14,539 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. 883 00:46:14,809 --> 00:46:15,659 back to top of page. 884 00:46:15,809 --> 00:46:17,269 6. 885 00:46:17,510 --> 00:46:18,500 PUBLIC FORUMS AND COMMUNICATIO. 886 00:46:18,679 --> 00:46:19,699 N "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). 887 00:46:25,219 --> 00:46:27,329 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. 888 00:46:46,139 --> 00:46:47,130 We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. 889 00:46:47,309 --> 00:46:51,000 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. 890 00:47:38,099 --> 00:47:39,530 We have no duty to monitor any Public Forum. 891 00:47:51,710 --> 00:47:54,369 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. 892 00:47:58,650 --> 00:47:59,670 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. 893 00:47:59,849 --> 00:48:01,159 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. 894 00:48:01,389 --> 00:48:03,090 back to top of page. 895 00:48:04,389 --> 00:48:08,260 7. RULES OF CONDUCT 896 00:48:08,829 --> 00:48:10,789 The following Rules of Conduct apply to the WDIG Sites. 897 00:48:11,090 --> 00:48:12,840 By using the WDIG Sites, you agree that you will not Distribute any Submission that: 1. 898 00:48:13,130 --> 00:48:16,260 (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 or can reasonably be expected to harm any person or entity; 2. 899 00:48:16,730 --> 00:48:20,210 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. 900 00:48:20,739 --> 00:48:23,579 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 person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; 4. 901 00:48:26,380 --> 00:48:28,050 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. 902 00:48:28,309 --> 00:48:30,329 contains 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 entity's use or enjoyment of the WDIG Sites; or 6. 903 00:48:30,650 --> 00:48:31,670 (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. 904 00:48:33,519 --> 00:48:36,039 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. 905 00:48:37,650 --> 00:48:39,579 back to top of page. 906 00:48:39,889 --> 00:48:39,579 8. COOPERATION 907 00:48:41,849 --> 00:48:43,429 ; 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. 908 00:49:22,219 --> 00:49:26,940 Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. 909 00:49:27,630 --> 00:49:30,559 back to top of page. 910 00:49:42,340 --> 00:49:45,409 9. 911 00:49:45,880 --> 00:49:47,139 CONTENT ACCESSIBLE THROUGH LIN. 912 00:49:47,349 --> 00:49:48,400 KS 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. 913 00:49:48,579 --> 00:49:50,980 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. 914 00:49:51,349 --> 00:49:52,690 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 contained on our sites. 915 00:49:52,920 --> 00:49:55,139 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. 916 00:49:55,489 --> 00:49:57,269 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. 917 00:50:15,139 --> 00:50:17,570 back to top of page. 918 00:50:17,940 --> 00:50:19,400 10. DISCLAIMERS 919 00:50:19,639 --> 00:50:21,099 THE 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 WARRANTIES OF ANY KIND. 920 00:50:21,349 --> 00:50:23,219 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. 921 00:50:23,519 --> 00:50:24,920 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. 922 00:50:30,889 --> 00:50:34,400 MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 923 00:50:46,639 --> 00:50:48,449 WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. 924 00:50:48,739 --> 00:50:49,880 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). 925 00:51:00,519 --> 00:51:02,329 Furthermore, the Content is not intended to be a substitute for professional medical advice. 926 00:51:13,260 --> 00:51:16,539 Always seek the advice of your physician with any questions you may have regarding a medical condition. 927 00:51:17,039 --> 00:51:18,739 If you think you may have a medical emergency, call your doctor or 911 immediately. 928 00:51:19,000 --> 00:51:21,050 Reliance on any information appearing on a WDIG Site is strictly at your own risk. 929 00:51:21,369 --> 00:51:23,179 WDIG Sites may contain the opinions and views of other users. 930 00:51:25,510 --> 00:51:27,000 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. 931 00:51:28,280 --> 00:51:31,409 The content of WDIG Sites are intended for educational and entertainment purposes only. 932 00:51:31,880 --> 00:51:33,610 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. 933 00:51:33,889 --> 00:51:36,960 Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 934 00:51:38,460 --> 00:51:41,590 You should not act or refrain from acting on the basis of any content included in, or accessible through, the WDIG Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. 935 00:51:42,059 --> 00:51:43,869 back to top of page. 936 00:51:48,800 --> 00:51:49,650 11. INDEMNIFICATION 937 00:51:49,800 --> 00:51:52,079 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). 938 00:51:52,440 --> 00:51:56,690 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). 939 00:51:57,309 --> 00:51:59,239 You shall use your best efforts to cooperate with us in the defense of any claim. 940 00:52:08,590 --> 00:52:09,900 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. 941 00:52:10,119 --> 00:52:12,400 back to top of page. 942 00:52:12,760 --> 00:52:14,630 12. 943 00:52:14,929 --> 00:52:16,800 LIMITATION OF LIABILITY. 944 00:52:17,099 --> 00:52:17,949 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, 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. 945 00:52:18,099 --> 00:52:19,880 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE. 946 00:52:20,159 --> 00:52:21,800 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. 947 00:52:22,070 --> 00:52:24,090 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. 948 00:52:24,440 --> 00:52:25,780 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 949 00:52:26,000 --> 00:52:27,079 back to top of page. 950 00:52:27,269 --> 00:52:29,579 13. 951 00:52:29,940 --> 00:52:32,250 JURISDICTIONAL AND VENUE ISSUE. 952 00:52:32,610 --> 00:52:35,980 S 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. 953 00:52:36,480 --> 00:52:38,500 We make no representation that Content on any WDIG Site is appropriate or available for use in any particular location. 954 00:52:55,300 --> 00:52:56,610 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. 955 00:53:32,599 --> 00:53:34,329 back to top of page. 956 00:53:37,010 --> 00:53:39,670 14. AMENDMENT 957 00:53:40,079 --> 00:53:43,150 At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). 958 00:53:46,119 --> 00:53:47,989 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 Web sites covered by these terms of use. 959 00:53:48,289 --> 00:53:49,579 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 Web Sites. 960 00:53:49,789 --> 00:53:51,340 Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. 961 00:53:51,590 --> 00:53:53,639 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. 962 00:54:00,769 --> 00:54:01,670 back to top of page. 963 00:54:10,639 --> 00:54:17,090 15. 964 00:54:18,019 --> 00:54:21,530 GENERAL PROVISIONS. 965 00:54:22,050 --> 00:54:26,710 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. 966 00:54:27,389 --> 00:54:30,019 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. 967 00:54:30,429 --> 00:54:35,119 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. 968 00:54:35,800 --> 00:54:38,670 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 ANY WDIG SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 969 00:54:39,099 --> 00:54:44,320 Supply of goods, services and software through WDIG Sites is subject to United States export control and economic sanctions requirements. 970 00:54:45,079 --> 00:54:52,409 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. 971 00:54:53,449 --> 00:55:01,070 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. 972 00:55:02,159 --> 00:55:04,789 Treasury Department's Specially Designated Nationals List or the U.S. 973 00:55:05,199 --> 00:55:09,590 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. 974 00:55:10,230 --> 00:55:14,769 back to top of page. 975 00:55:15,440 --> 00:55:19,690 16. 976 00:55:20,309 --> 00:55:24,210 CLAIMS OF COPYRIGHT INFRINGEME. 977 00:55:24,780 --> 00:55:29,059 NT 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. 978 00:55:29,690 --> 00:55:36,840 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. 979 00:55:37,860 --> 00:55:42,460 Notification must be submitted to the following Designated Agent: Service Provider: WDIG Name of Agent Designated to Receive Notification of Claimed Infringement: Laurence J. 980 00:55:43,130 --> 00:55:45,320 Shapiro Full Address of Designated Agent to Which Notification Should be Sent: 500 South Buena Vista Street, Burbank, CA 91521-7725 Telephone Number of Designated Agent: (818) 623-3200 Facsimile Number of Designated Agent: (818) 623-3637 E-Mail Address of Designated Agent: designated.agent@dig.TWDC.com To be effective, the notification must be a written communication that includes the following: 1. 981 00:55:48,670 --> 00:55:51,070 A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 982 00:55:51,440 --> 00:55:54,309 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; 3. 983 00:55:54,750 --> 00:55:57,239 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; 4. 984 00:55:57,619 --> 00:55:59,489 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; 5. 985 00:55:59,780 --> 00:56:01,710 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 6. 986 00:56:02,019 --> 00:56:03,599 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. 987 00:56:05,690 --> 00:56:07,440 We may give you notice that we have removed or disabled access to certain material by means of a general notice on any WDIG Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. 988 00:56:07,730 --> 00:56:09,019 If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. 989 00:56:09,230 --> 00:56:12,039 To be effective, the counter-notification must be a written communication that includes the following: 1. 990 00:56:12,460 --> 00:56:13,980 Your physical or electronic signature; 2. 991 00:56:14,230 --> 00:56:18,099 Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. 992 00:56:18,670 --> 00:56:20,369 A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. 993 00:56:20,639 --> 00:56:22,389 Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which WDIG may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 994 00:56:22,670 --> 00:56:24,039 back to top of page. 995 00:56:28,250 --> 00:56:29,360 17. 996 00:56:29,550 --> 00:56:31,329 ATTRIBUTION AND NOTICES. 997 00:56:48,730 --> 00:56:51,070 The following provisions apply to certain third party Content made available on certain WDIG Sites. 998 00:57:18,889 --> 00:57:19,940 Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. 999 00:57:25,369 --> 00:57:28,059 However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above. 1000 00:57:37,780 --> 00:57:39,090 Associated Press. 1001 00:57:50,429 --> 00:57:52,360 ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. 1002 00:57:52,659 --> 00:57:55,699 Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 1003 00:57:56,159 --> 00:57:59,469 Users may not download or reproduce a substantial portion of the AP material found on this web site. 1004 00:57:59,969 --> 00:58:01,519 AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. 1005 00:58:01,769 --> 00:58:04,840 S&P ComStock, Inc. 1006 00:58:05,309 --> 00:58:06,239 ("Comstock") and Standard & Poor's Investment Advisory Services, Inc. 1007 00:58:06,409 --> 00:58:07,340 ("SPIAS" and, together with Comstock, referred to herein as "S&P"). 1008 00:58:07,510 --> 00:58:08,969 All information provided by Comstock, SPIAS (through its S&P Personal Wealth service), and their affiliates (collectively, the "S&P Information") on this site is owned by or licensed to such entities and you are permitted to store, manipulate, analyze, reformat, print and display the S&P Information only for your personal use. 1009 00:58:09,210 --> 00:58:10,500 In no event shall you publish, retransmit, redistribute, or otherwise reproduce any S&P Information in any format to anyone, nor shall you use any S&P Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal, or media business or enterprise. 1010 00:58:12,110 --> 00:58:15,800 All information supplied by Comstock is displayed on a minimum fifteen (15)-minute-delayed basis. 1011 00:58:43,880 --> 00:58:44,840 Prior to the execution of a security trade based upon such information, you are advised to consult with your broker or other financial representative to verify pricing information. 1012 00:58:48,650 --> 00:58:50,610 You should consult with your advisors, including your financial and tax representatives, before making any investment decisions. 1013 00:58:50,920 --> 00:58:52,380 Neither S&P nor its affiliates make any express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding the S&P Information. 1014 00:58:53,719 --> 00:58:55,030 The S&P information is provided to users "as is." Neither S&P nor its affiliates will be liable to you or anyone else for any interruption, inaccuracy, error, or omission, regardless of cause, in the S&P Information or for any damages (whether direct or indirect, consequential, punitive, or exemplary) resulting therefrom. 1015 00:58:55,260 --> 00:58:56,400 Dow Jones. 1016 00:58:56,590 --> 00:58:58,960 The Dow Jones Averages (sm) and the Dow Jones Indexes are compiled, calculated, and distributed by Dow Jones & Company, Inc., and have been licensed for use. 1017 00:58:59,329 --> 00:59:02,289 All content of the Dow Jones Averages (sm) and the Dow Jones Global Indexes (sm) (c) 1997 Dow Jones & Company, Inc. 1018 01:00:34,619 --> 01:00:35,489 All Rights Reserved. 1019 01:00:45,170 --> 01:00:47,360 "Dow Jones sm)," "The Dow Jones Indexes (sm)," "The Dow Jones Averages (sm)," "Dow Jones Industrial Average (sm)," "DJIA (sm)," "Dow Jones Transportation Average (sm)," "DJTA (sm)," "Dow Jones Utility Average (sm)," "DJUA (sm)," "Dow Jones Composite Average (sm)," "The Dow Jones Global Indexes (sm)," "DJGI (sm)," and names of the component indexes of the Dow Jones Global Indexes are famous, well-known, and internationally recognized trademarks of Dow Jones & Company, Inc., and have been licensed for use by certain WDIG Sites. 1020 01:01:24,210 --> 01:01:25,940 NASDAQ Stock Market. 1021 01:01:26,210 --> 01:01:29,110 All NASDAQ information is displayed on a twenty (20)-minute-delayed basis and is not Real-Time information. 1022 01:01:29,539 --> 01:01:31,440 Business Wire. 1023 01:01:31,750 --> 01:01:33,449 All of the Business Wire news releases are protected by copyright and other applicable laws, treaties, and conventions. 1024 01:01:33,710 --> 01:01:36,320 Information contained in such releases is furnished by Business Wire's suppliers/members, who are solely responsible for their content, accuracy, and originality. 1025 01:02:30,539 --> 01:02:32,760 All reproduction, other than for an individual user's personal reference, is prohibited without prior written permission. 1026 01:02:33,110 --> 01:02:34,840 Reuter's content is the intellectual property of Reuters or its third-party content providers. 1027 01:02:36,239 --> 01:02:38,960 Any copying, republication, or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. 1028 01:02:39,380 --> 01:02:41,840 Reuters shall not be liable for any errors, delays in content, or for any actions taken in reliance thereon. 1029 01:02:42,219 --> 01:02:45,349 Reuters and the Reuters Group are registered trademarks of the Reuters group of companies around the world. 1030 01:02:50,159 --> 01:02:51,210 For additional information on other Reuters Services please visit the Reuters public Web site - http://www.reuters.com.. 1031 01:02:51,389 --> 01:02:53,820 Terms of UseUpdated: 5/6/08. 1032 01:02:54,199 --> 01:02:56,369 1. INTRODUCTION 1033 01:02:56,699 --> 01:02:59,309 Welcome to the Internet sites of the Walt Disney Internet Group ("WDIG"). 1034 01:02:59,699 --> 01:03:03,300 "WDIG Sites" include Disney.com, ABCNEWS.com, ABC.com, ESPN.com, DisneyShopping.com, Go.com, Movies.com, FamilyFun.com, and other Internet sites on which these terms of use are posted. 1035 01:03:03,840 --> 01:03:06,679 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". 1036 01:03:07,110 --> 01:03:10,130 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WDIG SITE. 1037 01:03:10,579 --> 01:03:12,599 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. 1038 01:03:12,909 --> 01:03:14,199 If you do not agree to these terms of use, you may not use the WDIG Sites. 1039 01:03:17,550 --> 01:03:22,239 Note that special terms apply to some services offered on certain WDIG Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. 1040 01:03:22,920 --> 01:03:25,469 These terms are posted in connection with the applicable service. 1041 01:03:25,860 --> 01:03:29,780 Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. 1042 01:03:30,360 --> 01:03:32,500 You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. 1043 01:03:32,829 --> 01:03:34,670 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. 1044 01:03:37,099 --> 01:03:39,239 back to top of page. 1045 01:03:39,570 --> 01:03:42,349 2. USE OF CONTENT 1046 01:03:42,780 --> 01:03:44,480 All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on WDIG Sites are our copyrighted property or the copyrighted property of our licensors or licensees. 1047 01:03:44,750 --> 01:03:48,090 All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. 1048 01:03:48,579 --> 01:03:52,679 We may change the WDIG Sites or delete Content or features at any time, in any way, for any or no reason. 1049 01:03:53,289 --> 01:03:57,159 Except as we specifically agree in writing, no Content from any WDIG Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the WDIG Site, 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. 1050 01:03:57,730 --> 01:03:59,099 Any business use, "re-mailing" or high-volume or automated use of WDIG Sites is prohibited. 1051 01:03:59,329 --> 01:04:01,469 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. 1052 01:04:01,800 --> 01:04:03,699 We do not transfer title to the Software to you. 1053 01:04:04,000 --> 01:04:07,250 You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. 1054 01:04:07,739 --> 01:04:12,280 back to top of page. 1055 01:04:12,940 --> 01:04:15,519 3. SUBMISSIONS 1056 01:04:15,909 --> 01:04:17,659 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, 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. 1057 01:04:22,449 --> 01:04:23,789 There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. 1058 01:04:24,019 --> 01:04:25,980 "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")). 1059 01:04:26,289 --> 01:04:28,460 "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. 1060 01:04:28,789 --> 01:04:29,750 DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. 1061 01:04:33,429 --> 01:04:36,059 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. 1062 01:04:41,300 --> 01:04:43,960 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. 1063 01:04:44,369 --> 01:04:46,480 We therefore ask that you not Distribute any Unsolicited Submission. 1064 01:05:03,289 --> 01:05:05,570 In any event, you agree that any Submissions you make is 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).. 1065 01:05:14,599 --> 01:05:16,119 Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. 1066 01:05:16,369 --> 01:05:18,099 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. 1067 01:05:18,369 --> 01:05:20,239 back to top of page. 1068 01:05:20,539 --> 01:05:22,849 4. 1069 01:05:23,210 --> 01:05:24,500 LICENSES AND REPRESENTATIONS. 1070 01:05:24,710 --> 01:05:27,579 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 (in whole or part) 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 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"). 1071 01:05:28,019 --> 01:05:30,889 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). 1072 01:05:31,320 --> 01:05:33,190 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. 1073 01:05:33,489 --> 01:05:35,159 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 ASCAP, BMI, SESAC or any other applicable performing rights 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. 1074 01:05:35,420 --> 01:05:37,170 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. 1075 01:05:41,829 --> 01:05:42,760 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. 1076 01:05:55,840 --> 01:05:58,010 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. 1077 01:06:11,860 --> 01:06:13,610 You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. 1078 01:06:25,510 --> 01:06:26,679 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. 1079 01:06:58,639 --> 01:06:59,949 To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. 1080 01:07:23,559 --> 01:07:25,519 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. 1081 01:07:25,829 --> 01:07:27,940 back to top of page. 1082 01:07:28,269 --> 01:07:30,000 5. ACCOUNTS 1083 01:07:35,340 --> 01:07:37,039 Some services on the WDIG Sites permit or require you to create an account to participate or to secure additional benefits. 1084 01:07:45,250 --> 01:07:46,420 You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). 1085 01:07:59,929 --> 01:07:46,420 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. 1086 01:08:00,210 --> 01:08:03,519 You also agree to promptly notify us at security_breach@help.go.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any WDIG Site. 1087 01:08:04,010 --> 01:08:07,289 In addition, you agree to exit from your account at the end of each session. 1088 01:08:07,780 --> 01:08:10,650 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. 1089 01:08:11,090 --> 01:08:12,840 back to top of page. 1090 01:08:13,119 --> 01:08:15,050 6. 1091 01:08:32,880 --> 01:08:34,840 PUBLIC FORUMS AND COMMUNICATIO. 1092 01:08:35,140 --> 01:08:37,859 N "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). 1093 01:08:49,590 --> 01:08:51,550 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. 1094 01:09:05,680 --> 01:09:07,819 We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. 1095 01:09:12,119 --> 01:09:14,050 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. 1096 01:09:14,350 --> 01:09:17,720 We have no duty to monitor any Public Forum. 1097 01:09:18,220 --> 01:09:22,439 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. 1098 01:09:23,060 --> 01:09:25,340 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. 1099 01:09:50,720 --> 01:09:51,890 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. 1100 01:09:53,789 --> 01:09:55,100 back to top of page. 1101 01:10:06,399 --> 01:10:08,130 7. RULES OF CONDUCT 1102 01:10:23,250 --> 01:10:24,539 The following Rules of Conduct apply to the WDIG Sites. 1103 01:10:24,750 --> 01:10:27,180 By using the WDIG Sites, you agree that you will not Distribute any Submission that: 1. 1104 01:10:27,560 --> 01:10:30,720 (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 or can reasonably be expected to harm any person or entity; 2. 1105 01:10:31,189 --> 01:10:33,180 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. 1106 01:10:57,020 --> 01:10:58,479 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 person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; 4. 1107 01:12:13,260 --> 01:12:16,420 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. 1108 01:12:16,899 --> 01:12:18,039 contains 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 entity's use or enjoyment of the WDIG Sites; or 6. 1109 01:12:18,229 --> 01:12:21,100 (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. 1110 01:12:21,539 --> 01:12:23,289 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. 1111 01:12:23,569 --> 01:12:25,409 back to top of page. 1112 01:12:25,710 --> 01:12:28,289 8. COOPERATION 1113 01:12:28,680 --> 01:12:30,319 ; 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. 1114 01:12:30,579 --> 01:12:31,720 Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. 1115 01:12:31,909 --> 01:12:33,640 back to top of page. 1116 01:12:33,920 --> 01:12:36,380 9. 1117 01:12:36,750 --> 01:12:39,560 CONTENT ACCESSIBLE THROUGH LIN. 1118 01:12:40,020 --> 01:12:42,600 KS 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. 1119 01:13:05,520 --> 01:13:07,659 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. 1120 01:13:12,720 --> 01:13:14,390 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 contained on our sites. 1121 01:13:29,569 --> 01:13:31,880 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. 1122 01:13:32,239 --> 01:13:33,579 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. 1123 01:13:38,149 --> 01:13:39,699 back to top of page. 1124 01:13:46,760 --> 01:13:48,369 10. DISCLAIMERS 1125 01:14:13,979 --> 01:14:16,029 THE 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 WARRANTIES OF ANY KIND. 1126 01:14:16,350 --> 01:14:20,359 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. 1127 01:14:20,960 --> 01:14:22,890 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. 1128 01:14:23,189 --> 01:14:24,560 MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 1129 01:14:24,789 --> 01:14:25,810 WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. 1130 01:14:29,930 --> 01:14:31,100 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). 1131 01:14:31,300 --> 01:14:35,989 Furthermore, the Content is not intended to be a substitute for professional medical advice. 1132 01:14:36,670 --> 01:14:37,539 Always seek the advice of your physician with any questions you may have regarding a medical condition. 1133 01:14:37,710 --> 01:14:39,520 If you think you may have a medical emergency, call your doctor or 911 immediately. 1134 01:14:39,810 --> 01:14:42,090 Reliance on any information appearing on a WDIG Site is strictly at your own risk. 1135 01:14:42,449 --> 01:14:44,199 WDIG Sites may contain the opinions and views of other users. 1136 01:14:44,479 --> 01:14:47,380 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. 1137 01:14:47,819 --> 01:14:50,600 The content of WDIG Sites are intended for educational and entertainment purposes only. 1138 01:14:51,020 --> 01:14:55,180 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. 1139 01:14:55,789 --> 01:14:58,010 Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 1140 01:14:58,359 --> 01:15:00,000 You should not act or refrain from acting on the basis of any content included in, or accessible through, the WDIG Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. 1141 01:15:00,260 --> 01:15:02,039 back to top of page. 1142 01:15:02,329 --> 01:15:04,439 11. INDEMNIFICATION 1143 01:15:04,770 --> 01:15:06,939 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). 1144 01:15:07,270 --> 01:15:09,000 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). 1145 01:15:09,270 --> 01:15:15,920 You shall use your best efforts to cooperate with us in the defense of any claim.