Disney's Blast - Member Agreement

DISNEY'S BLAST MEMBER AGREEMENT

Welcome to Disney's Blast ("Disney's Blast" or the "Service").

PLEASE READ THIS MEMBER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICE.

The Service is owned and operated by Disney Online ("Disney") and brought to you by Rogers Hi-Speed Internet. The terms and conditions set out below apply to your use of the Service. By using the Service, you are entering into a binding agreement with Disney and Rogers Cable Inc. ("Rogers") regarding your use of the Service. If you do not agree to comply with some or all of the terms and conditions of this Agreement, including the House Rules and Terms of Use which are located on Disney's web sites (the "House Rules" and "Terms of Use", respectively), your sole and exclusive remedy is to decline use of the Service. In this Agreement, references to "we," "us," or "our" mean Disney and/or Rogers.
Please note that you will be referred to from time to time as "Member" in this Agreement. The Rogers Hi-Speed Internet subscriber who initially registers for the Service may also be referred to as the "Parent Account" in this Agreement. "Account" means the account for the Service registered to any Member, including any family member account established by the Parent Account, pursuant to Rogers' registration process for the Service. The terms of this Agreement apply to all Members, whether or not they are the Parent Account. The Parent Account is responsible for making each family subaccount holder aware of the terms of this Agreement and for ensuring compliance with them. The Parent Account 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 must immediately terminate your Account (see TERMINATION OF SERVICE section below). Your continued use of the Service following notice of a change to this Agreement (including the Terms of Use and House Rules) means that you accept all such 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. The Parent Account is solely responsible for maintaining in good standing his/her Rogers Hi-Speed Internet account and for providing and maintaining all computer and other equipment necessary to use Rogers Hi-Speed Internet and to access the Service.

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-Cards, copies of D-Toys, and other Content that Disney may, from time to time, explicitly allow you to send to others; provided that you keep intact all copyright and other proprietary notices. Using Disney's Content for any other purpose is a violation of Disney's copyright and other proprietary rights. For purposes of this Agreement, using any of Disney's 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 Disney retains 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 Members and welcome your comments regarding Disney's Blast and other Disney products. Unfortunately, however, Disney's company policy does not allow Disney to accept or consider creative ideas, suggestions, or materials other than those Disney has specifically requested. Disney hopes 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 Rogers or Disney 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 the Service and other Disney products, we request that you be specific in your comments, and not submit any creative ideas, suggestions, or materials.
If at Disney's request you send certain specific submissions (e.g., contests) or, despite our request that you not send Disney or Rogers 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 either Disney or Rogers, and neither Disney nor Rogers shall 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 Disney Enterprises, 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-Cards") 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 PRIVACY AND SECURITY section below), Disney will not monitor, edit, or disclose the contents of a Member's D-Cards 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 and/or Rogers; (2) protect and defend the rights or property of Disney and/or Rogers; 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 Parent Account represents, warrants, and covenants to each of Disney and Rogers (a) that no materials of any kind submitted through the 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 Parent Account is at least 18 years old; and (c) that the Parent Account and all Members on the Account will otherwise fully comply with the terms of this Agreement. The Parent Account hereby indemnifies, defends, and holds Disney and Rogers, and their respective parent and affiliated companies, and all such companies' respective officers, directors, owners, agents, information providers, affiliates, licensors, 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 the Parent Account, or any Member on the Account, or any user of the Account of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, reasonable legal fees. The Parent Account shall use best efforts to, and shall, ensure that all Members on the Account cooperate with Disney and/or Rogers, as applicable, in the defense of any claim. Disney and Rogers reserve the right, at each company's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Parent Account.
Neither Disney nor Rogers represents or endorses 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 and Rogers reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the Service.

DISCLAIMER

THE MATERIALS IN THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF DISNEY AND ROGERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER DISNEY NOR ROGERS WARRANTS THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER DISNEY NOR ROGERS WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SUBJECT TO THE TERMS OF YOUR ROGERS HI-SPEED INTERNET END USER AGREEMENT, YOU (AND NOT DISNEY OR ROGERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT, AS A SERVICE TO MEMBERS, THE SERVICE INCLUDES LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT, EXCEPTING ANY SUCH WEB SITE THAT IS OWNED AND/OR OPERATED BY DISNEY AND/OR ROGERS, NEITHER DISNEY NOR ROGERS HAS 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, each of Disney and Rogers explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from Disney's Blast from third parties not associated with Disney or Rogers. Disney and Rogers encourage discretion when browsing the Internet using the Rogers Hi-Speed Internet service, or any other service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, neither Disney nor Rogers can 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. Neither Disney nor Rogers can 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 Blast, since other Shop Channels are owned and operated by independent retailers. Neither Disney nor Rogers endorses any of the merchandise, nor has either Disney or Rogers taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Neither Disney nor Rogers makes 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 EITHER DISNEY OR ROGERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SERVICE OR ANY OTHER WEB SITE, EVEN IF DISNEY OR A DISNEY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DISNEY'S AND ROGERS' TOTAL CUMULATIVE 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 THE SERVICE.
PRIVACY AND SECURITY
Each Parent Account must be 18 years or older to establish the Account and must be a subscriber to Rogers Hi-Speed Internet. Each Parent Account may also establish subaccounts for family members of all ages. All such Accounts shall be governed by the terms of this Agreement. If we become aware that a Parent Account is under the age of 18, we reserve the right to cancel the Account.
As part of Rogers' registration process for the Service, the Parent Account shall provide Rogers with accurate and complete Account information ("Blast Account Information"). The Parent Account shall provide prompt notice to Rogers of any changes to the Blast Account Information. The failure of the Parent Account to provide accurate and complete Blast Account Information to Rogers, or to provide prompt notice to Rogers of any changes to such information, shall constitute a breach of this Agreement and may result in immediate termination of your Account and this Agreement.
The Blast Account Information shall include, but not be limited to: (i) the Parent Account's birth day, month and year and (ii) the Parent Account's current e-mail address (the "Shared Blast Account Information"). Each Member, including every person with a family member subaccount, must also select a Password and Member Name (collectively, the "Member Access Information"). 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 either Disney or Rogers, in its sole discretion, deems inappropriate or offensive.
You consent and, in the case of any family subaccount holder who is under the age of 18, the Parent Account consents on such subaccount holder's behalf, to Rogers providing to Disney the Shared Blast Account Information and the Member Access Information. Disney requires the Shared Blast Account Information to, among other things, (i) confirm that the Parent Account is 18 years or older; (ii) provide you with information pertaining to the Service; and (iii) provide you with any Service notices or other notices that may be required pursuant to the NOTICE section below. Disney requires the Member Access Information in order to maintain your membership status and provide you with access to the Service. Disney and Rogers each agree to use all personal information collected and/or provided pursuant to this Agreement in accordance with the terms of their respective website privacy policies.
You shall notify both Rogers at [email protected] and 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. Failure to do so may result in the immediate termination of this Agreement and your Account, and/or other legal action.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.
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 or Password stored on the Service), you must promptly change your Password and notify Disney and Rogers of the problem (by notice given as described in the NOTICE section below) to avoid possible liability for any unauthorized charges to your Account.

PRICE AND PAYMENT

We reserve the right at any time to charge additional fees for access to portions of the Service. We reserve 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.
Rogers will invoice the Parent Account, and the Parent Account agrees to pay to Rogers, all Service-related fees and charges, including applicable taxes, in accordance with Rogers' billing terms in effect at the time the fees or charges become payable.

NOTICE

We may give notice to the Parent Account by means of a general notice on the Service, electronic mail to the e-mail address provided by the Parent Account at the time of registration (as updated from time to time), or, in the case of Rogers, by written communication sent by mail to your Rogers billing address.

For any inquiries or notices required in connection with this Agreement, you agree, as applicable: (i) to contact Disney by electronic mail at [email protected] and (ii) to contact Rogers via telephone at 1-888-288-4663, by electronic mail at [email protected], by using the e-mail form on www.rogershelp.com, or by sending a written notice addressed to Manager, Customer Care, Rogers Internet Services, 855 York Mills Road, Don Mills, Ontario, M3B 1Z1. Notice will be deemed effective when actually received by Disney or Rogers, as applicable.

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

The 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 the 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 the Service is further subject to United States export controls. No Software from the 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 any party.

The Parent Account may terminate the Account and this Agreement at any time by providing Rogers with no less than 24 hours' written notice of such termination.

Each of Disney and Rogers may terminate your Account and this Agreement immediately, without notice or refund, if, in Disney's and/or Rogers' sole discretion, you fail to comply with any term or provision of this Agreement or violate the Terms of Use or House Rules.

Rogers may terminate your Account and this Agreement immediately, without notice, in the event that your Rogers Hi-Speed Internet service is terminated or cancelled.

In addition to the termination rights set forth elsewhere in this Agreement, Rogers may terminate your Account and this Agreement upon 30 days' prior written notice to you.

YOUR OBLIGATIONS UPON TERMINATION

You agree that, upon termination of your Account and this Agreement, you (i) will pay Rogers in full for your use of the Service up to the date of termination and (ii) will destroy all materials obtained from this Service and all copies thereof, whether made under the terms of this Agreement or otherwise. You agree to pay Rogers on a pro-rated basis for any use of the Service for any part of a month. This section shall survive the termination of this Agreement.

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, including the House Rules and the Terms of Use, 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, Rogers, their respective representatives, and you with respect to the subject matter contained herein. Each of Disney and Rogers may amend or modify this Agreement or impose new conditions at any time, upon notice to you. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications, or new conditions.