PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE INSTALLING OR DOWNLOADING THE PIXIE DUST TREE OF PIXIE HOLLOW APPLICATION. By clicking “I Agree – Activate The Pixie Dust Tree of Pixie Hollow Application” (the “Pixie Application”) on the button below (or with respect to the installer, by clicking “I Agree” and the button “OK”), you signify your agreement to these terms and conditions, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to these terms and conditions, click “CANCEL” and DO NOT download or install the Pixie Application.

THESE TERMS AND CONDITIONS ALSO APPLY TO THE USE OF THE PIXIE APPLICATION ON ANY COMPUTER TO WHICH THE PIXIE APPLICATION HAS ALREADY BEEN DOWNLOADED OR INSTALLED. PLEASE READ THEM CAREFULLY. By using the Pixie Application on such a computer, you signify your agreement to these terms and conditions, which constitute a BINDING LEGAL AGREEMENT. If you do not agree to these terms and conditions, either (a) DO NOT visit the home page of the Disney Online website (currently located at www.disney.com) or (b) DO NOT use the Pixie Application. If you do not agree to these terms and conditions and you own or control the medium on which the Pixie Application is stored, you must erase the Pixie Application from the computer memories and storage devices, and destroy all materials obtained from the Pixie Application and all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise.

If you wish to have a copy of these terms, please access these terms and conditions at the Disney Online website and print them out.

Disney reserves the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Please check these terms and conditions on the Disney Online website periodically for changes. Your continued use of the Pixie Application following the posting of changes to these terms and conditions will mean you accept those changes.

1. General. The Pixie Application refers to all software, documentation and any content accessed through the software you are about to download or install that are protected by United States and international laws, including copyright laws and treaties. Disney Online website, Walt Disney Parks and Resorts Online, The Walt Disney Company, their respective affiliates, and their respective licensors (collectively, “Disney”) own all right, title and interest to the Pixie Application. Except for the specific rights licensed to you hereunder, Disney reserves all of its rights to the Pixie Application. The mark “Pixie Application” (and related logo) are trademarks or service marks of Disney and/or its affiliates.

2. Title Not Transferred. These terms and conditions do not transfer title from the Pixie Application to you. The rights granted herein are limited to certain Disney and its licensors’ rights and do not include any other patents or other intellectual property rights. As between you and Disney, you own the medium on which you record the software underlying the Pixie Application (e.g., you own the hard drive on your computer). However, Disney and its licensors retain full and complete title to the Pixie Application and all intellectual property rights therein.

3. License and Restrictions. Disney hereby grants you, free of charge, a non-exclusive license to install and use one copy of the Pixie Application on a single computer (or one copy on each computer you use) for personal, non-commercial use only. You may not make the Pixie Application available over a network where it could be used on multiple computers simultaneously.

   Disney may configure the Pixie Application with certain tags that identify the version of the Pixie Application being used on your computer and which permit Disney to update this version without further notice to you. Disney shall have the right to poll your computer for the purpose of installing updated versions of the Pixie Application or to uninstall such versions automatically.

   You may not (and you agree not to permit another person to): (a) redistribute, sell or otherwise copy the Pixie Application; (b) modify, translate or create derivative works based on the Pixie Application; (c) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Pixie Application to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (d) remove any identification, copyright or other proprietary notices; or (e) create software that incorporates the Pixie Application. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Pixie Application is not intended for use in connection with any high risk or strict liability activity and Disney makes no warranty and shall have no liability in connection with the use of the Pixie Application in any such situations.

4. No Warranty. THE PIXIE APPLICATION (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISNEY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. DISNEY DOES NOT WARRANT THAT THE PIXIE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE PIXIE APPLICATION OR ANY CONTENT ACCESSIBLE THROUGH THE PIXIE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DISNEY ONLINE WEBSITE OR THE OTHER WEBSITES OF DISNEY (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISNEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PIXIE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE PIXIE APPLICATION WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH THE PIXIE APPLICATION IS DOWNLOADED OR INSTALLED OR THE NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART.

   NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISNEY OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

   To the extent the Pixie Application offers any search features, you acknowledge that some content may not always be accessible. Thus, Disney explicitly disclaims any responsibility for the content or availability of information contained in Disney’s search index or directories.

5. Indemnification. You hereby agree to indemnify, defend, and hold Disney and Disney’s affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You shall use your best efforts to cooperate with Disney in the defense of any claim. Disney reserves the right, at Disney’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

6. Limitation on Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DISNEY BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PIXIE APPLICATION OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE PIXIE APPLICATION, EVEN IF DISNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PIXIE APPLICATION OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PIXIE APPLICATION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DISNEY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO DISNEY, IF ANY, FOR ACCESSING THE PIXIE APPLICATION OR $50, WHICHEVER IS LESS.

   The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.

7. Compliance with Laws. Unless otherwise expressly specified, the Pixie Application (and any content) is presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. Disney is operated from the United States offices. Disney makes no representation that the Pixie Application is appropriate or available for use in any particular location. Those who choose to use the Pixie Application do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

8. Termination. These terms and conditions are effective until terminated by either party in accordance with this Section 8. Disney reserves the right, in Disney’s sole discretion, to terminate your access to any or all of the Pixie Application and the related services or any portion thereof at any time, without notice, which such termination may include an automatic un-install by Disney of the Pixie Application from your computer. You may terminate these terms and conditions at any time by discontinuing use of the Pixie Application, erasing the Pixie Application from all computer memories and storage devices within your possession or control, and destroying all materials obtained from the Pixie Application and all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise. Disney reserves the right, in Disney’s sole discretion, to terminate your (or any group of users’) access to any or all of the Pixie Application and the related services or any portion thereof at any time, without notice. Upon termination, you must cease use of the Pixie Application, erase from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with the Pixie Application and all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise.

9. Export Law Assurances. You agree not to use or otherwise export or re-export the Pixie Application except as authorized by United States law and the laws of the jurisdiction in which the Pixie Application was obtained. Without limiting the foregoing, the Pixie Application may not be exported or re-exported (a) into (or to a national or resident of) any United States embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing the Pixie Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

10. Government End Users. The Pixie Application (and its components) are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Disney reserves any unpublished rights.

11. Disney Terms of Use. Please read the (“Terms of Use”) for Disney (currently located at http://disney.go.com/corporate/privacy/terms.html), which are incorporated herein by this reference, before using the Disney Online website. By using the Disney Online website, you signify your agreement to the Terms of Use for Disney. If you do not agree to the Terms of Use, you may not access the Disney Online website (including without limitation any content thereon) or use the Pixie Application. Disney reserves the right, at Disney’s discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Disney Online website following the posting of changes to these Terms of Use will mean you accept those changes.

12. Privacy Policy. Please read the Privacy Policy for Disney (currently at http://disney.go.com/corporate/privacy/pp_wdig.html), which is incorporated herein by this reference, before using this web site. By using the Disney Online website, you signify your agreement to the Privacy Policy. If you do not agree to the Privacy Policy, please do not use the Disney Online website. Disney reserves the right, at Disney’s discretion, to change, modify, add, or remove portions of the Privacy Policy at any time. Please check Privacy Policy periodically for changes. Your continued use of the Disney Online website following the posting of changes to the Privacy Policy will mean you accept those changes.

13. Entire Agreement. These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between Disney and you relating to the subject matter herein and shall not be modified except in writing, signed by both parties.