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maintains this website (our "Site") as a service to our
customers and the companies, businesses and organizations they represent
(collectively, "you"). By using websites owned and operated
by Disneygeek.com,
YOUR
USE OF THE SITE AS DESCRIBED ABOVE CONSTITUTES YOUR REPRESENTATION
TO Disenygeek.com THAT YOU AGREE WITH THE TERMS OF THE AGREEMENT.
IF
YOU DO NOT AGREE TO THIS AGREEMENT, YOU SHOULD NOT USE THE SITE.
WE MAY MODIFY THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE disneygeek.com
PRIVACY POLICY DESCRIBED HEREIN) FROM TIME TO TIME, AND POST THOSE
MODIFICATIONS HERE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH
MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.
Disneygeek.com MAY TERMINATE THIS AGREEMENT, INCLUDING ALL YOUR
RIGHTS HEREUNDER, AT ANY TIME UPON NOTICE, WITH OR WITHOUT CAUSE.
IF
YOU WISH TO BE NOTIFIED OF ANY MODIFICATIONS TO THIS AGREEMENT BY
EMAIL, PLEASE CLICK HERE,
PROVIDE A VALID EMAIL ADDRESS AND TYPE "NOTIFY" IN THE
SUBJECT LINE. YOU UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY
ALL SUCH MODIFICATIONS, IF ANY, REGARDLESS OF WHETHER YOU PROVIDE
SUCH EMAIL ADDRESS.
1.
Ownership
Disneygeek.com and its suppliers own all content, materials, forms,
agreements, documents and other items on the Site (collectively,
"Materials"). You have no ownership interest in Materials,
but disneygeek.com grants you a limited license to view and use
Materials as described in Section 2 ("License").
Materials are protected under applicable copyright, trademark, trade
secret, and other intellectual property laws in the United States
and around the world. You have no other right to view, use, copy,
perform, display, or modify Materials except as described in Section
2 ("License"). Disneygeek.com may modify, add to,
or delete any Materials at any time, without notice to, or permission
from, you or any third party.
2.
License
Subject to your performance of your obligations under this Agreement,
DISNEYGEEK.COM hereby grants you a limited, revocable, non-exclusive,
non-transferable license (without the right to grant sublicenses)
to view and use the Site and the Materials solely for your own internal
business purposes. You may not republish, "mirror", "frame",
transfer, or otherwise make available to third parties the Site
or the Materials except with the prior, written consent of DISNEYGEEK.COM.
3.
Forms
YOU UNDERSTAND AND AGREE THAT THE MATERIALS MAY CONTAIN SAMPLE OR
FORM AGREEMENTS, LETTERS OR OTHER DOCUMENTS ("FORMS").
FORMS MAY INCLUDE FINANCIALLY ? OR LEGALLY ? SIGNIFICANT DOCUMENTS,
SUCH AS CONTRACTS, LEASES, BALANCE SHEETS, ASSIGNMENTS AND OTHER
ITEMS, AND ARE PROVIDED TO YOU SOLELY AS EXAMPLES OF TYPICAL DOCUMENTS
OF THEIR KIND. THE DELIVERY AND USE OF FORMS DOES NOT CONSTITUTE
LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE, AND YOU ARE URGED
TO CONSULT AN APPROPRIATE PROFESSIONAL LICENSED IN YOUR JURISDICTION
BEFORE USING ANY FORMS. YOU THEREFORE ASSUME ALL RISK ASSOCIATED
WITH FORMS, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DISNEYGEEK.COM,
ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS,
EMPLOYEES AND OFFICERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
THREATS, SUITS OR PROCEEDINGS, OR ANY LOSSES OR LIABILITIES (INCLUDING
ATTORNEYS' FEES AND COSTS) ASSOCIATED WITH SUCH CLAIMS, DEMANDS,
THREATS, SUITS OR PROCEEDINGS, ARISING FROM ANY BREACH OF THIS AGREEMENT
BY YOU OR ANY USE BY YOU OF THE SITE OR THE MATERIALS, INCLUDING
WITHOUT LIMITATION THE FORMS.
4.
Registration and Personal Information
You may have the opportunity to provide certain personal information
at the Site directly to DISNEYGEEK.COM. The collection or use of
personal information by DISNEYGEEK.COM shall be governed by the
DISNEYGEEK.COM Privacy Policy,
as modified from time to time by DISNEYGEEK.COM; the terms of such
Privacy Policy are hereby incorporated into this Agreement by reference.
You understand and agree that the collection or use of your personal
information by third parties shall be governed by any agreement
or privacy policy in effect between you and such third parties,
if any, and DISNEYGEEK.COM shall have no liability whatsoever for
any such collection or use.
5.
Community
The Site contains areas such as message boards, mailing lists and
directories (collectively, "Site Facilities"), where you
may share information with other users. You agree that if you use
any Site Facilities, you shall not share, post, transmit or otherwise
disseminate any unlawful, defamatory, libelous, threatening, abusive,
offensive, racist, vulgar, harassing, pornographic or obscene material
of any kind, or materials that would infringe or violate the rights
of any person or constitute a criminal offense or otherwise violate
any applicable local, state, national or foreign law. You understand
and agree that you shall not use the Site Facilities for advertising
or commercial promotion of yourself or any third party. DISNEYGEEK.COM
does not monitor Site Facilities on a regular basis, but may do
so without notice to, or permission from, you or any third party.
DISNEYGEEK.COM shall have the right, but not the obligation, to
remove any material from Site Facilities as DISNEYGEEK.COM sees
fit at any time. You understand and agree that DISNEYGEEK.COM, shall
have no liability whatsoever for any information or material contained
or shared at Site Facilities.
6.
Disclaimer
THE SITE AND THE MATERIALS ARE PROVIDED ON AN AS IS BASIS, WITHOUT
ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, DISNEYGEEK.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS,
IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE
AND THE MATERIALS (INCLUDING WITHOUT LIMITATION THE FORMS) MAY BE
INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION,
AND MAY CONTAIN "BUGS", ERRORS, DEFECTS, AND MAY NOT OPERATE
ERROR-FREE OR NOT PRODUCE RESULTS AS EXPECTED.
7.
Damages
IN NO EVENT SHALL DISNEYGEEK.COM, HAVE ANY LIABILITY HEREUNDER TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
8.
Grant of Rights
You represent and warrant that all information provided by you in
whatever format shall be non-confidential to you or any third party,
and DISNEYGEEK.COM may use or disclose such information without
notice to, or permission from, you or any third party, subject only
to the DISNEYGEEK.COM Privacy Policy as described in Section
4 ("Registration and Personal Information"). You hereby
grant to DISNEYGEEK.COM a worldwide, royalty-free, irrevocable,
perpetual, non-exclusive, transferable license (with a right to
grants sublicenses through multiple tiers of sublicensees) to use,
execute, display, copy, perform and modify such information as DISNEYGEEK.COM
sees fit and for any purpose whatsoever.
9.
General
This Agreement constitutes the entire and only agreement between
DISNEYGEEK.COM and you regarding the Site, and supersedes all prior
or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the information provided by or through
the Site, and the subject matter of this Agreement. You agree to
review this Agreement prior to reviewing any information or obtaining
any documents from the Site. Any action related to this Agreement
shall be governed by the substantive laws of the State of California,
without regard to conflicts of laws principles. The State and Federal
courts located in Ventura County, California, shall have sole jurisdiction
over any dispute arising hereunder, and the parties hereby consent
to the personal jurisdiction of such courts and to extra-territorial
service of process. The United Nations Convention on Contracts for
the International Sale of Goods shall not apply to this Agreement.
Neither this Agreement, nor any rights hereunder, may be assigned
by operation of law or otherwise, in whole in part, by you without
the prior, written consent of DISNEYGEEK.COM. Any purported assignment
without such permission shall be void. DISNEYGEEK.COM may assign
this Agreement, in whole or in part, without notice to you or any
third party. Any waiver of any rights of either party must be in
writing, signed by the waiving party, and any such waiver shall
not operate as a waiver of any future breach of this Agreement.
In the event any portion of this Agreement is found to be illegal
or unenforceable, such portion shall be severed, and the remaining
terms shall be separately enforced. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for
or against either party. In the event of any conflict between this
Agreement and the Privacy Policy or any other terms on the Site,
this Agreement shall control.
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