Welcome to Disney's Blast (the "Service").
PLEASE READ THIS MEMBER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING THIS SERVICE.
This Service is owned and operated by Disney Online (referred to as "Disney," "we," "us," or "our" herein).
By using this Service, you show that you agree to these terms. If you do not agree to these terms, please do not
use the Service. Please note that you will be referred to from time to time as "Member" in this Agreement. The
person who initially registers for the Service may also be referred to as the "Primary Member" in this Agreement.
"Account" means the account registered to any Member, including any family member account established by the
Primary Member, pursuant to the registration procedures for the Service. The terms of this Agreement apply to all
Members, whether or not they are the Primary Member. The Primary Member is responsible for making each family
subaccount holder aware of the terms of this Agreement and for ensuring compliance with them. The Primary Member
for an Account is entirely liable for all activities conducted through that Account.
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time.
Notification of changes to this Agreement will be posted on the Service, or sent via e-mail or postal mail.
If any future changes to this Agreement are unacceptable to you, or cause you to no longer be in compliance with
this Agreement, you may terminate your Account. Your continued use of the Service following the posting of a notice
of changes to this Agreement (including the House Rules) will mean you accept those changes.
We may change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation,
the availability of any Service feature, database or content, hours of availability, or equipment needed to access
the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service
without notice or liability.
Member is solely responsible for and must provide all telephone and other equipment necessary to access the Service,
including without limitation Internet access software and modems.
RESTRICTIONS ON USE OF MATERIALS
All materials published by Disney (including, but not limited to, informational resources, photographs, images,
illustrations, audio clips, and video clips; collectively, "Content") are protected by copyright, and owned or
controlled by Disney, its parent or affiliated companies, or a third-party provider. You shall abide by all
copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. No material from the Service or any Web site owned, operated,
licensed, or controlled by Disney may be copied, reproduced, republished, uploaded, posted, or transmitted, nor
may derivative works be created from them or distributed in any way, except that (a) you may download one copy of
the materials on any single computer for your personal, noncommercial home use only, and (b) you may send D-Mail,
copies of D-Toys, and other Content that we may, from time to time, explicitly allow you to send to others;
provided that you keep intact all copyright and other proprietary notices. Using our Content for any other purpose
is a violation of our copyright and other proprietary rights. For purposes of this Agreement, using any of our
Content on any other Web site or networked computer environment is prohibited.
If you download software from the Service, 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 Disney.
You own the medium on which you record the Software, but we retain full and complete title to the Software, and all
intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-perceivable form.
SUBMISSIONS
We are pleased to hear from our Members and welcome your comments regarding Disney's Blast and other Disney
products. Unfortunately, however, Disney's company policy does not allow us to accept or consider creative ideas,
suggestions, or materials other than those we have specifically requested. We hope you will understand that it is
the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our
professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully,
ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or
original artwork unless we have specifically requested that you do so. While we do value your feedback on our
Service and products, we request that you be specific in your comments, and not submit any creative ideas,
suggestions, or materials.
If at our request you send certain specific submissions (e.g., contests or Comic Creator entries) or, despite our
request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings,
concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain,
the property of Disney. None of the Submissions shall be subject to any obligation of confidence on the part of
Disney, and Disney shall not be liable for any use or disclosure of any Submissions. Without limitation of the
foregoing, Disney shall exclusively own all now known or hereafter existing rights to the Submissions of every kind
and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Disney's Blast, the Disney's Blast logo, Disney Online's logo, and any and all fanciful characters or
designs of Disney Enterprises, Inc., are trademarks of Disney Online and The Walt Disney Company, Inc. All other
trademarks, including ABC, Inc., and ESPN, Inc., appearing on the Service are trademarks of their respective
owners.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail function ("D-Mail") offered as part of the Service. You shall
not upload to, distribute through, or otherwise publish through the Service any content that is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise
give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without the express approval of Disney,
distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically acknowledge that soliciting other Members to join or become
members of any commercial online service or other organization is expressly prohibited. You must also follow the
House Rules whenever you are using the Service.
It is our policy to respect the privacy of all Members. Therefore, in addition to the privacy of registration data
(see our Privacy Policy), Disney will not monitor, edit,
or disclose the contents of a Member�s D-Mail unless required in the course of normal operation and maintenance of
the Service and its systems or unless required to do so by law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with legal process served on Disney; (2) protect and defend the
rights or property of Disney; or (3) act in an emergency to protect the personal safety of our Members or the
public. Members shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to Disney, you automatically grant (or warrant that
the owner of such rights has expressly granted) Disney a perpetual, royalty-free, irrevocable, nonexclusive right
and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such
materials or incorporate such materials into any form, media, or technology now known or later developed throughout
the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
REPRESENTATIONS AND WARRANTIES
The Primary Member of your Account represents, warrants, and covenants (a) that no materials of any kind submitted
through your Account will (i) violate, plagiarize, or infringe upon the rights of any third party, including
copyright, trademark, privacy, or other personal or proprietary rights; or (ii) contain libelous or otherwise
unlawful material; (b) that the Primary Member is at least 18 years old; and (c) that the Primary Member and all
Members will otherwise fully comply with the terms of this Agreement. You, the Primary Member, hereby indemnify,
defend, and hold Disney, its parent and affiliated companies, and all officers, directors, owners, agents,
information providers, affiliates, licensers, and licensees (collectively, the "Indemnified Parties") harmless from
and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you or any Member on your Account or any user of your Account of this Agreement or the
foregoing representations, warranties, and covenants, including, without limitation, reasonable attorneys' fees.
The Primary Member shall use best efforts to, and shall ensure that all Members on that Account, cooperate with
Disney in the defense of any claim. Disney reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by Primary Member.
Disney does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other
information displayed, uploaded, or distributed through the Service by any Member, information provider, or other
person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. Disney reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of the Service.
DISCLAIMER
THE MATERIALS IN THIS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISNEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISNEY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT 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
MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DISNEY)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT, AS A SERVICE TO USERS OF THE DISNEY SERVICE, WE INCLUDE
LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT DISNEY HAS NO CONTROL OVER, AND MAKES
NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES, AND
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB SITES.
Further, Disney explicitly disclaims any responsibility for the accuracy, content, or availability of information
found on sites that link to or from Disney�s Club Blast from third parties not associated with Disney. Disney
encourages discretion when browsing the Internet using our or anyone else�s service. Because some sites employ
automated search results or otherwise link you to sites containing information that may be deemed inappropriate or
offensive, Disney cannot be held responsible for the accuracy, copyright compliance, legality, or decency of
material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such
sites.
Disney 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 Disney�s Club Blast, since other Shop Channels are owned and operated by independent
retailers. Disney does not endorse any of the merchandise, nor has Disney taken any steps to confirm the accuracy
or reliability of any of the information contained in such third-party sites. Disney does not make any
representations or warranties as to the security of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third party, and you hereby irrevocably waive any
claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DISNEY BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SERVICE OR ANY
OTHER WEB SITE, EVEN IF DISNEY OR A DISNEY AUTHORIZED REPRESENTATIVE 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. 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, IF ANY, FOR ACCESSING THIS SERVICE.
SECURITY
As part of the registration process, each Member, including every person with a family member subaccount, will
select a password and Member Name ("Member Name"). You shall provide Disney with accurate, complete, and updated
Account information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate
termination of your Account and/or your family member Account. You may not (i) select or use a Member Name of
another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other
person without authorization; or (iii) use a Member Name that Disney, in its sole discretion, deems inappropriate
or offensive.
You shall notify Disney at [email protected] of any known or suspected unauthorized use(s) of your Account,
or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
You shall be responsible for maintaining the confidentiality of your password.
Each Primary Member must be 18 years or older to establish an Account; however, you may also establish subaccounts
for family members of all ages, and each such Account shall be governed by the terms of this Agreement. If Disney
becomes aware that a Primary Member is under the age of 18, Disney reserves the right to cancel the Account.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Disney's
sole discretion, and you may be reported to appropriate law-enforcement agencies.
PRICE AND PAYMENT
Disney reserves the right at any time to charge additional fees for access to portions of the Service. Disney
reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to
institute new fees or charges effective upon prior notice to Members.
Each Primary Member agrees to pay all charges to the Primary Member's Account, including applicable taxes, in
accordance with billing terms in effect at the time the fee or charge becomes payable. Primary Members must provide
Disney with valid credit card information (Visa, MasterCard, American Express, or The Disney Credit Card).
Disney shall charge the Primary Member's credit card either after the trial period expires, or on the date Primary
Member subscribes to the Service if no trial period is offered. Thereafter, Disney will automatically renew and
charge the Primary Member's Account as follows:
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�Each month for the following month's service for Monthly subscriptions
�Upon every six(6)-month anniversary of the first billing date for semiannual subscriptions
�Upon every one(1)-year anniversary of the first billing date for annual subscriptions
The renewal charge shall be equal to or less than the original subscription price, unless otherwise notified in
advance by Disney. You may notify Disney that you wish to cancel your subscription at any time.
Disney agrees that it will terminate your Account upon receipt of notification from the Primary Member on your
Account, as described below.
�For monthly subscriptions: If notice of cancellation is received within the first 30 days of the initial billing,
you will be refunded all subscription fees for the Service, but will still be obligated to pay any other charges
incurred. If you cancel the Service more than 30 days after the initial billing, your Account will be canceled as
of the end of the current billing period.
�For semiannual subscriptions: If notice of cancellation is received within the first 30 days of initial billing,
you will be refunded all subscription fees for the Service but will still be obligated to pay any other charges
incurred. If you cancel the Service more than 30 days after the initial billing, no refund for unused time will be
made.
�For annual subscriptions: If notice of cancellation is received within the first 30 days of initial billing, you
will be refunded all subscription fees for the Service but will still be obligated to pay any other charges incurred.
If you cancel the Service more than 30 days after the initial billing, no refund for unused time will be made.
Your right to use the Service is subject to any limits established by Disney or by your credit card issuer. If
payment cannot be charged to your credit card or your charge is returned to Disney for any reason, including
chargeback, Disney reserves the right to either suspend or terminate your access and Account, thereby terminating
this Agreement and all obligations of Disney hereunder.
If you have a balance due on any Disney Account, you agree that Disney can charge these unpaid fees to your credit
card.
Disney reserves the right to establish a credit limit (the "Ceiling") for each Member. If a Member's Account reaches
the Ceiling at any time, Disney may immediately bill the Member�s credit card for all unpaid charges on account.
Until further notice, the Ceiling for each Member is $100.
If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or
unauthorized disclosure or use of your Member Name, password, or any credit, debit, or charge card number stored on
the Service), you must promptly change your password and notify Disney of the problem (by notice given as described
in the Notice section below) to avoid possible liability for any unauthorized charges to your Account.
NOTICE
Primary Member will submit and maintain a correct e-mail address and other Account information. We may give notice
to the Primary Member by means of a general notice on the Service, electronic mail to your e-mail address on record
in our Account information, or by written communication sent by first-class mail to your address on record in our
Account information.
You may give notice to Disney. Such notice shall be deemed given when received by Disney at any time by electronic
mail at [email protected].
NON-TRANSFERABILITY OF MEMBERSHIP
Disney grants to you a personal, nonexclusive, nonassignable, and non-transferable license to use and display the
Disney Software on any machine(s) of which you are the primary user. Unauthorized copying of the Software or
duplication of the Software in any manner, including software that has been modified, merged, or included with the
Software, or the written materials associated therewith, is expressly forbidden. You acknowledge that you may not
sublicense, transfer, sell, or assign this license or the Software. Any attempt to sublicense, transfer, sell, or
assign the license is void.
JURISDICTIONAL ISSUES
This Service is controlled and operated by Disney from its offices within the State of California, United States of
America. Disney makes no representation that materials in the Service are appropriate or available for use in other
locations. Those who choose to access this Service from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this
Service is further subject to United States export controls. No Software from this Service may be downloaded or
otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
Certain Software that Members download to use or install from a CD-ROM is "Restricted Computer Software." Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as
provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (October 1988), FAR 12.212(a) (1995),
FAR 52.227-19, or FAR 52.227-14, as applicable.
TERMINATION OF SERVICE
This Agreement is effective until terminated by either party. You may terminate this Agreement and your right to
use the Service at any time by selecting the applicable cancellation button on the Service or e-mail to
[email protected]. Disney may terminate your Account or access rights to this Service immediately without
notice if in Disney's sole discretion you fail to comply with any term or provision of this Agreement or violate
the House Rules. Upon termination, you must destroy all materials obtained from this Service and all copies thereof,
whether made under the terms of this Agreement or otherwise.
OTHER
This Agreement 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. If any provision of this Agreement shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not
affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the
parties relating to the subject matter herein and shall not be modified except in writing other than as provided
below.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained
herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral,
between Disney representatives and you. Disney may amend or modify this Agreement or impose new conditions at any
time upon notice from Disney to you as published through the Service. Any use of the Service by you after such
notice shall be deemed to constitute acceptance by Member of such amendments, modifications, or new conditions.
LAST UPDATED: 3/16/99
� Disney. All rights reserved.