RSS Terms Of Use

BY CLICKING ON ONE OF THE FOLLOWING RSS FEED BUTTONS: "XML," "MY YAHOO," or "MY MSN," YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT ("AGREEMENT") WHICH GOVERNS YOUR USE OF DISNEYDVD.COM CONTENT PROGRAM ("SERVICE"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THE RSS FEEDS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. DISNEYDVD.COM ("DISNEYDVD.COM", "WE" OR "OUR") MAY MODIFY ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AT ANY TIME AND IN OUR SOLE DISCRETION, BY POSTING A CHANGE NOTICE OR A NEW AGREEMENT ON OUR SITE. YOUR CONTINUED USE OF THE CONTENT OR SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

1. GRANT. Subject to the terms of this Agreement and, unless otherwise consented to by DisneyDVD.com, in compliance with Usage Restrictions, DisneyDVD.com hereby grants you, during the Term, a revocable, nontransferable, nonsublicensable, royalty-free, nonexclusive license to display on your website ("Site") the headlines, active links, or other source identifiers, and other information or materials, including any promotional taglines ("Content") that you receive from DisneyDVD.com through the Service provided that you do not alter, edit, or delete any of the Content. DisneyDVD.com may restrict, suspend or terminate your access to any aspect or all of the Content or Service at any time without liability. DisneyDVD.com reserves the right to modify the Service at any time within DisneyDVD.com‘s sole discretion. You acknowledge that Content availability is subject to change at DisneyDVD.com’s sole discretion.

2. RESERVATION OF RIGHTS. The Content is protected by the copyright laws of the United States and international copyright treaties. As between the parties, title, ownership rights, and intellectual property rights in and to the Content, and any copies or portions thereof, shall remain in DisneyDVD.com. DisneyDVD.com shall retain all rights to the Content and Services not expressly granted to you under Section 1 of this Agreement. You agree not to do anything contesting or impairing the rights of DisneyDVD.com in and to any of the Content and Services.

3. RESTRICTIONS. Except as expressly set forth in Section 1 and/or unless otherwise consented to by DisneyDVD.com, you may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Content or any portion thereof; or delete or fail to display any promotional taglines included in the Content (b) rent, lease, or otherwise transfer rights to the Content; (c) display the name, logo, trademark or other identifier of another person on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Content on the Site; (d) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on Content or in the Services; (e) encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; (f) make any representation or warranty on behalf of DisneyDVD.com; or (g) use Content or Services on any Site that contains nudity or pornographic material of any kind, displays material that exploits children under the age of 18, provides material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity, promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or use the Content or Services in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading. Unless otherwise permitted by DisneyDVD.com, you will: (i) display all Content on your Site in the exact form received by you, and not modify or edit any of the foregoing without DisneyDVD.com's prior written consent; (ii) ensure that the fundamental meaning of the Content is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by DisneyDVD.com on the use, display or distribution of any Content ("Usage Restrictions"); (Iv) delete and remove any Content and related Hyperlinks from your Web site after a maximum of seven (7) days and not archive any Content for access by users at any future date after the Content has been removed from your Web site. You acknowledge that the service must link and redirect to the appropriate DisneyDVD.com web page when a user clicks on the Content (e.g. a headline). You shall not display Content in such a manner that does not allow for successful linking and redirection to, and delivery of, DisneyDVD.com's web page, nor may you frame any DisneyDVD.com web page. You must always stipulate that the Content is supplied by DisneyDVD.com and is protected by copyright and owned by DisneyDVD.com and/or other third party content providers. DisneyDVD.com assumes no liability for your activity in connection with the Services and the Content or for the development, operation, and maintenance of your Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of this Agreement. You will not attempt to hide your identity, represent yourself as someone else, compromise or attempt to compromise the security of any account, or interfere or attempt to interfere with the proper working of Services. If you use, or attempt to use, any Service or Content beyond the scope of the license granted in this Agreement, or beyond the scope expressly granted by DisneyDVD.com, or attempt to tamper, hack, spoof, use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the Service or the Content, then, in addition to termination of this Agreement, you shall be subject to appropriate legal and equitable action.

4. CONFIDENTIALITY. During the term of this Agreement, you may have access to some of DisneyDVD.com's nonpublic technical or product information ("Proprietary Information"). Such Proprietary Information shall belong solely to DisneyDVD.com. You shall not, except as expressly authorized by this Agreement, use or disclose Proprietary Information without the prior written consent of DisneyDVD.com unless such Proprietary Information becomes part of the public domain through no fault of yours. You agree (i) not to disclose any Proprietary Information to any third parties, (ii) not to use any Proprietary Information for any purposes except carrying out your rights and responsibilities under this Agreement, and (iii) to keep the Proprietary Information confidential using the same degree of care you use to protect your own confidential information, as long as you use at least reasonable care. You acknowledge and agree that due to the unique nature of DisneyDVD.com's Proprietary Information, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow you or third parties to unfairly compete with DisneyDVD.com resulting in irreparable harm to DisneyDVD.com, and therefore, that upon any such breach or threat thereof, DisneyDVD.com shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.

5. PUBLICITY. DisneyDVD.com may use your name in releases, customer lists, marketing and other materials. Unless otherwise expressly permitted by DisneyDVD.com, you may not create, publish, or distribute any items that reference DisneyDVD.com without first submitting those items to DisneyDVD.com and receiving DisneyDVD.com's written consent.

6. WARRANTY DISCLAIMER. You represent and warrant to DisneyDVD.com that your Mark(s) and/or content on your Web site, other than the Content, do not and will not infringe any trademark, service mark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, constitute false, deceptive or unfair advertising or disparagement under applicable law, or fail to comply with applicable laws and regulations (including, for example, licensing requirements and administrative or professional rules). DisneyDVD.com makes no representations concerning any interruption in Service. DISNEYDVD.COM PROVIDES THE CONTENT AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND DISNEYDVD.COM HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL DISNEYDVD.COM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF SERVICES, CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM DISABLING OF THE CONTENT RELATED TO NON-PAYMENT OF LICENSE FEES, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL DISNEYDVD.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU (IF ANY) IN CONNECTION WITH THE CONTENT, EVEN IF DISNEYDVD.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. INDEMNITY. You hereby agree to fully indemnify, defend and hold DisneyDVD.com and their respective affiliates, officers, directors and licensors (collectively, the "Provider Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by you in connection with: (i) any use or alleged use of the Service or the Content through your account by any person, whether or not authorized by you; or (ii) your Site or (iii) any breach of Sections 2-5. DisneyDVD.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DisneyDVD.com's defense of such claim.

9. TERMINATION. The term of this Agreement will begin when you access the RSS feeds and will continue until terminated in accordance with this Section. Unless otherwise agreed to by DisneyDVD.com, you may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the Content from your Site, all hard drives, networks, and other storage media. Unless otherwise agreed to by DisneyDVD.com, DisneyDVD.com may restrict, suspend or terminate the Service, this Agreement, the license granted herein, or your access to any aspect or all of the Content or Service at any time without liability. You agree to destroy or return to DisneyDVD.com all copies of the Content and all Proprietary Information promptly upon learning of such Termination. Sections 2 through 8 and 10 and 11 shall survive termination of this Agreement.

10. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under the internal laws and jurisdiction of the State of California. Any action to enforce this agreement shall be brought in the federal or state courts located in Los Angeles, California. You may not assign this Agreement without DisneyDVD.com's prior written consent; any assignment by you without such consent shall be null and void. Each party shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its obligations under this Agreement. Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty. DisneyDVD.com is not responsible for any costs or liability associated with making a connection (by any means) to the Internet, the Service or other online service, or network. You certify you are legally permitted to use the Services and access the Content, and if you are an individual, you are over 18 years of age. You take full responsibility for the selection and use of the Services and access of the Content. This Agreement is void where prohibited by law, and the right to access the Content is revoked in such jurisdictions. The section headings appearing in this Agreement are inserted only as a matter of convenience and shall not be interpreted as substantive. Nothing in this Agreement will be deemed to limit or restrict DisneyDVD.com from entering into agreements with any other person covering services similar to your Site or from offering such similar services itself. The parties hereto are independent contractors, and nothing in this Agreement creates any Providership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your site or otherwise, that contradicts anything in this Section.

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