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Terms
Of Service
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1. ACCEPTANCE OF TERMS
Welcome to DisneyRob.com!. DisneyRob.com provides its service to you,
subject to the following Terms of Service ("TOS"), which
may be updated by us from time to time without notice to you. In addition,
when using particular DisneyRob.com services, you and DisneyRob.com
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS. DisneyRob.com
also may offer other services from time to time, such as DisneyRob.com!
Store that are governed by different Terms of Services. These TOS
do not apply to the DisneyRob.com! Store or such other services
2. DESCRIPTION OF SERVICE
DisneyRob.com currently provides users with access to a rich collection
of resources, including, various communications tools, forums, shopping
services, personalized content and branded programming through its
network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these
advertisements are necessary for DisneyRob.com to provide the Service(such
as Live 365 commercials on DisneyRob Radio. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new DisneyRob.com properties, shall be subject
to the TOS. You understand and agree that the Service is provided
"AS-IS" and that DisneyRob.com assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those
fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment necessary
to access the Service. DisneyRob.com is a child friendly site and
will not tolerate vulgar or Explicit content.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or DisneyRob.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
DisneyRob.com has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). DisneyRob.com is concerned about the safety and privacy
of all its users, particularly children. Please remember that the
Service is designed to appeal to a broad audience. Accordingly, as
the legal guardian, it is your responsibility to determine whether
any of the Services and/or Content (as defined in Section 6 below)
are appropriate for your child.
4. DisneyRob.com PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://www.DisneyRob.com/html/Privacy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify DisneyRob.com of any unauthorized
use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
DisneyRob.com cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that
you, and not DisneyRob.com, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the Service. DisneyRob.com does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. Under no circumstances will DisneyRob.com
be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a DisneyRob.com official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that DisneyRob.com does not pre-screen Content, but
that DisneyRob.com and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing,
DisneyRob.com and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by DisneyRob.com or submitted
to DisneyRob.com, including without limitation information in DisneyRob.com
Message Boards, and in all other parts of the Service.
You acknowledge and agree that DisneyRob.com may preserve Content
and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of DisneyRob.com,
its users and the public. You understand that the technical processing
and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
DisneyRob.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible
areas of the Service, you grant DisneyRob.com the following world-wide,
royalty free and non-exclusive license(s), as applicable:
· With respect to Content you submit or make available for
inclusion on publicly accessible areas of DisneyRob.com Message Boards,
the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for
the purposes of providing and promoting the specificDisneyrob.com
or DisneyRob.com Message Boards to which such Content was submitted
or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate
at the time you remove or DisneyRob.com removes such Content from
the Service.
· With respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible area of the
Service other than DisneyRob.com or DisneyRob.com Message Boards,
the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for
the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove
or DisneyRob.com removes such Content from the Service.
· With respect to Content other than photos, graphics, audio
or video you submit or make available for inclusion on publicly accessible
areas of the Service other than DisneyRob.com or DisneyRob.com Message
Boards, the perpetual, irrevocable and fully sublicensable license
to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format
or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas
of the DisneyRob.com network of properties that are intended by DisneyRob.com
to be available to the general public. By way of example, publicly
accessible areas of the Service would include DisneyRob.com Message
Boards and portions of DisneyRob.com that are open to both members
and visitors. However, publicly accessible areas of the Service would
not include portions of DisneyRob.com and DisneyRob.com Message Boards
that are limited to members, or areas off of the DisneyRob.com network
of properties such as portions of World Wide Web sites that are accessible
through DisneyRob.com Webring and links but are not hosted or served
by DisneyRob.com.
9. INDEMNITY
You agree to indemnify and hold DisneyRob.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DisneyRob.com may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk
space that will be allotted on DisneyRob.com's servers on your behalf,
and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that
DisneyRob.com has no responsibility or liability for the deletion
or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge
that DisneyRob.com reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
DisneyRob.com reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
DisneyRob.com reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that DisneyRob.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that DisneyRob.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if DisneyRob.com
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS. DisneyRob.com may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that DisneyRob.com may immediately
deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files
or the Service. Further, you agree that DisneyRob.com shall not be
liable to you or any third-party for any termination of your access
to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that DisneyRob.com
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because DisneyRob.com has no control
over such sites and resources, you acknowledge and agree that DisneyRob.com
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
DisneyRob.com shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
16. DisneyRob.com's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by DisneyRob.com or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in
whole or in part. DisneyRob.com grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified versions
of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is
provided by DisneyRob.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. DisneyRob.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. DisneyRob.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS , (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM DisneyRob.com OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DisneyRob.com SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
DisneyRob.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17
AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended
for trading or investing purposes. DisneyRob.com and its licensors
shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via
the Service, and shall not be responsible or liable for any trading
or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
DisneyRob.com, the DisneyRob.com logo, DisneyRob.com in Chinese Characters,
and other DisneyRob.com logos and product and service names are trademarks
of DisneyRob.com (the "DisneyRob.com Marks"). Without DisneyRob.com's
prior permission, you agree not to display or use in any manner, the
DisneyRob.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
DisneyRob.com respects the intellectual property of others, and we
ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide DisneyRob.com's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and DisneyRob.com
and govern your use of the Service, superceding any prior agreements
between you and DisneyRob.com. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and DisneyRob.com shall be governed by the laws of the
State of New York without regard to its conflict of law provisions.
You and DisneyRob.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Richmond,
New York. The failure of DisneyRob.com to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to webmaster@disneyrob.com. |
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