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Terms Of Use Club Penguin.
Mario
13-10-2012 12:55
Terms of Use
Updated: November 2, 2011
INTRODUCTION
Welcome to Club Penguin (the "Site"). The "Site" is operated and presented to users by Disney Online Studios Canada Inc. (formerly known as Club Penguin Entertainment Inc.) of Kelowna, British Columbia, Canada (hereinafter, "DOS Canada").
The "Sites DIMG" means websites of Disney Interactive Media Group (hereinafter "DIMG") and certain subsidiaries among which are ClubPenguin.com, Disney.com, ABCNEWS.com, ABC.com, ESPN.com , DisneyShopping.com, Go.com, FamilyFun.com and other websites, services and applications that are published in these terms and conditions. DIMG and any other entity that controls, is controlled, or a subsidiary or is under common control with DIMG, will be included within the appellation "we" or "our."
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY SITE DIMG. By using any Site DIMG or click a box that says you agree or disagree with these terms and conditions, you agree to these terms and conditions of use and rules of Club Penguin. If you disagree with the content of these documents, you may not use the Sites DIMG.
IF YOU ARE A PARENT OR GUARDIAN AND PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION IN THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT TO THE USE OF THE SITE.
Note that corresponds special terms and conditions apply to some services offered on certain Sites DIMG as subscription-based services, rules for special contests or sweepstakes or other features or activities. These terms and conditions are published in connection with the applicable service. Subject to applicable law, these special terms and conditions are in addition to the terms and conditions of use set forth herein and in the event of conflict, are the ones that prevail.
You acknowledge that the terms and conditions of use set forth herein are supported by reasonable for consideration, the receipt and adequacy are recognized by this document. Without limiting the generality of the foregoing, you agree that such consideration includes your use of the sites DIMG and receipt of data, materials and information available through DIMG sites, the ability to use or presentations sent exhibamos (as defined below in Section 3, entitled "SUBMISSIONS") and the ability to advertise or promote their use or display of your presentations sent.
USE OF CONTENT
The Site is for your personal use. You may not use the Site for commercial purposes or in any manner that is illegal, that harms us or harm to any other person or entity, as determined by us in our sole discretion.
All materials, information, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on the Sites are copyrighted DIMG ours rights protected copyright or intellectual property rights of our licensors or licensees. All trademarks, slogans, service marks, trade names and commercial designs are our property or owned by our licensors or licensees. We may modify or remove content DIMG sites or features at any time, in any manner and for any reason.
Except as specifically we agree in writing, can not be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of any content site DIMG DIMG site, or even as part of a derivative work, except that in cases where a site is configured to allow DIMG downloading certain content especially, you may download one copy of such content on a single computer for your personal, non-commercial home, provided that (a) keep intact all proprietary notices and copyright, (b) make no modifications, or rent, lend, distribute, sell or copy (except to create a single copy for backup purposes), or create derivative works based on Site or the Content, in whole or in part and (c) not use the Content in an unlawful manner or in any manner that suggests an association with other products, services or brands. The use of our content with a purpose other including, among others, the "re-distribution" or intensive use of the Sites or automated DIMG or use any of our content on any other web site or networked computer environment, constitutes a violation of our copyright and other proprietary rights and is strictly prohibited.
In the event that we offer downloads of software on a Site and you download such DIMG software, or third party licensors authorize us to use the software, including any files, images incorporated in or generated by the software, and data accompanying the software ( hereinafter referred to collectively as "Software") with limited and only for personal, noncommercial use. Not transferred to you ownership of the Software.
You may not distribute or use the Software or decompile, reverse engineer, disassemble, or otherwise reduce the software to adapt to a human readable form, except to the extent permitted by applicable law.
The use of the Site or any software, code, device or other mechanism for automatic play, fast play mode or other game manipulation by the customer will result in immediate account cancellation. Disney reserves the right, in its sole discretion to determine what constitutes game manipulation or game client.
YOU ACKNOWLEDGE AND AGREE THAT ANY ASPECT OF THESE TERMS HAVE THE EFFECT OF TRANSFERRING OWNERSHIP OF COPYRIGHT, TRADEMARK, slogans, SERVICE MARKS, TRADE NAMES, DESIGNS OR OTHER COMMERCIAL PROPERTY RIGHTS IN THE SITE, CONTENT OR PART THEREOF, TO YOU OR ANY THIRD PARTY, OR AUTHORIZED TO CREATE DERIVATIVE WORKS BASED UPON THE CONTENT. You agree to refrain from any action or activity incompatible or which may in any way impair the title.
PRESENTATIONS
In these terms and conditions of use, we use the word "Submissions" to mean text, messages, ideas, concepts, discourses, suggestions, stories, screenplays, treatments, formats, drawings, photographs, artwork, videos, audiovisual works, compositions music (including lyrics), sound recordings, personifications and the names, likenesses, voices, usernames, profiles, actions, appearances, performances and / or other biographical information or you and / or others and / or other similar materials that you submit, post, upload, include, display, transmit or otherwise distribute (collectively, "Distribute") on a website or via DIMG.
There are two types of presentations: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means presentations (a) request explicitly or let you provide via any feature or activity of a site for the DIMG revise or display them in exchange for a payment or compensation specifically defined ( collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions), and (b) you distribute on or through any Site without seeking DIMG Consideration (such as in our Services guests and in Public Forums (as defined below in Section 6, "PUBLIC FORUMS AND COMMUNICATION")). The "Unsolicited Submissions" are all Submissions that are not included in paragraphs (a) or (b) above.
IT IS FORBIDDEN TO DISTRIBUTE UNSOLICITED SUBMISSIONS. THERE ARE NO IMPLIED CONTRACTS.
The established company policy does not allow us to accept or consider unsolicited submissions therefore not distributed within DIMG sites or through them. We wish to avoid future misunderstandings when projects developed by us or under our direction might seem similar to the creative work of others in the opinion of those others. For this reason, we ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you present is not confidential, does not seek or create any confidentiality or fiduciary relationship of any kind between you and us, and have no expectation of review, compensation or consideration of any kind ( unless it is a stated Consideration).
Except as expressly stated in these terms and conditions of use, the provisions of these terms and conditions apply to both Unsolicited Submissions and Solicited Submissions to. Therefore, we, our licensees, distributors, agents, representatives and other authorized users will enjoy the right to use and disclose all Submissions, and we shall not be liable to you or anyone else to initiate a claim, through you, for any use or disclosure of any Submission.
LICENSES AND STATEMENTS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users worldwide, non-exclusive, irrevocable, fully paid, royalty-free, sub-licensable and transferable (in whole or in part) for an indefinite period (or the maximum period applicable laws permit) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights you own or control to use, reproduce, transmit, display, show, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics of your choice), create derivative works of, and otherwise exploit these presentations, in whole or in part, in any format and through any channel now known or hereafter designed (including websites DIMG, third party websites, our networks and cable stations and broadcasting, our platforms broadband and wireless products and services, any physical and plays) for any purpose, including, without limitation, entertainment, news, advertising, promotion, marketing and commercial purposes, all without alert, with or without attribution, and without any authorization from you or any payment to you or any other person or entity (the "License of presentations").
When transmitting a presentation, you represent and warrant that the Submission and your communication meet the Rules of Conduct (set forth below in Section 7 labeled "RULES OF CONDUCT") and other requirements of these terms and conditions of use and that you own or have the necessary rights, licenses, consents and permissions, without any permission or payment to any other person or entity to exploit, and to authorize us to exploit, such Submission in all its forms covered by these terms and conditions of use (including filing license). These terms and conditions of use (including the Submissions License on) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you have made or make with respect to Submissions.
To the extent that a presentation to circulate through DIMG sites include original songs or recordings, you hereby represent that you are a member of the homeowners association mechanical rights, representation and / or applicable copyright and all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for the grant of a license (license and give our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Without limiting the foregoing, whether a member of a rights society, you grant the Submissions License with respect to any and all musical compositions (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities DIMG sites (including games, sweepstakes, contests, promotions and Public Forums (as described below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our works protected by copyright (in whole or in part), we hereby grant you a nonexclusive license to create derivative works of our copyrighted works (in whole or in part) as required (but only as required and only for the purpose of creating your Submissions), except that such license shall be conditioned upon the transfer of all rights in the work you created for us. Failure to make the transfer of these rights, your license to create derivative works with our works that are copyrighted (in whole or in part) shall be null. You agree to pay the previous assignment of rights, consents, agreements and assignments, whether or not your Submissions are used by us.
Hereby, you appoint us your representative with full authority to enter into and execute any document or do any act that may be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms and conditions of use.
You agree that any Submission you make is not confidential and are not looking neither created no confidential or fiduciary relationship between you and us in any way and you have no expectation of any review, compensation or consideration of any kind.
To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") on the presentations and we belong completely and to the extent that this is permitted by applicable law, you agree not to exercise these rights in relation to us or our licensees, distributors, agents, representatives and other authorized users, and you get the same agreement not to exercise those rights in relation to any other who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, and to the extent permitted by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers you have made regarding your Submissions.
ACCOUNTS
Some services on the Sites DIMG allow or require you to create an account to participate or get other benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes ("Registration Data"). Should not impersonate another person or entity, or misrepresent your identity or affiliation with another person or entity, including using the username, password or other account information or the name, likeness, voice, image or photograph of another person . You must not provide false details for a parent or guardian. You acknowledge that you may not sublicense, transfer, sell or assign your membership or account ID. Any attempt to sublicense, transfer, auction, sell or transfer title or identification of an account is zero and such attempts were made regardless of whether or not the account holder, will cause immediate cancellation of the account.
You also agree to immediately notify the Help Club Penguin, Billing Inquiries / Subscriptions for any unauthorized use of your username, password, other account information or any other security violation is detected and is related to the Site. Furthermore, you agree to exit from your account at the end of each session.
In accordance with applicable law, we may suspend or terminate your account and your ability to use any Site DIMG or part of the site for failing to comply with these terms and conditions of use or any special terms related to a particular service, for violating copyright or for any other reason.
Users must comply with the applicable requirements for the control of currency exchange. Before completing the subscription, you can review the transaction and correct errors or abandon the transaction. Access to the service will be available immediately upon payment of the subscription fee.
ELECTRONIC COMMERCE
Periodically you may purchase goods or services on our sites or applications, including playing games or buy tickets or other products. You acknowledge that only one adult (18 years or older) can enter and complete any such transaction.
When you register on our virtual worlds and other ongoing services, have the right to cancel your subscription in writing up to 14 business days after registering for the first time and receive a full refund of fees paid within 30 days. However, if you access the chosen service within that period of 7 working days, non-refundable subscription fees you have paid.
You can contact us to cancel an automatic renewal or recurring charge, as is told in the corresponding site or application by:
Email: billing.es @ clubpenguin.com
Mail: # 500 - 1628 Dickson Avenue - Kelowna, BC. Canada V1Y 9X1
Phone: +1 (877) 261-9482 toll free within North America
+1 (250) 469-6380 for all other calls (additional fees may apply for international calls)
Our information practices, including how we collect, use and disclose personal information set out in the Privacy Policy that is in the following link: http://www.clubpenguin.com/es/privacy.htm
The automatic renewal period of the subscription is the same as the initial subscription period, unless informed otherwise at the time of purchase. Any payment or recurring charges related to automatic renewals will be made at the exchange rate prevailing at the time of original purchase of the service, except to notify you of the change before payment is made.
In relation to the currencies and / or virtual goods, you understand that can only be used in connection with WDIG sites and only in virtual worlds in which they were obtained and, except for the right to use these elements in the worlds virtual, you do not have any right or title to those items and we can control, modify, discontinue administration or otherwise regulate from time to time. You understand that you can not exchange these items out of the virtual world for money or anything else of value.
Right to withdraw
You may withdraw your contractual declaration within 14 days without sending a notice giving reasons in text form (eg. A letter, a fax or an email). The time limit begins after receipt of this instruction on the right to withdrawal in text form, but not before the conclusion of the contract and not before completing their reporting duties in accordance with the provisions of Section 246 sec. 2 together with Section 1 para. 1 and 2 Introductory Act to the German Civil Code and our obligations under section 312e para. 1 sentence 1 BGB in conjunction with § 246 sec. 3 of the Introductory Act to the German Civil Code. To meet the due date is sufficient to send the notice of withdrawal within the corresponding time. The withdrawal should be addressed to:
Disney Online Studios Canada Inc.
# 500 - 1628 Dickson Avenue - Kelowna, BC. Canada V1Y 9X1 [email protected]
PUBLIC FORUMS AND COMMUNICATION
The "Public Forum" identifies an area, site or feature offered as part of a Site DIMG that allows users to distribute presentations for viewing by DIMG Site users, individually or in groups, and includes an area to chat online , a message board or social environment for the community.
YOU ACKNOWLEDGE THAT THE PUBLIC FORUMS AND THERE THE FUNCTIONS offered are for public and not private, and HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY presentation in a public forum. We can not guarantee the security of any information you disclose through any of these media, you disclose such information at your own risk.
Under applicable law, you are and shall remain solely responsible for the Submissions you distribute on the Site or through DIMG your username or otherwise, in any Public Forum and for the consequences of the presentation and publication .
You must also be cautious about the information provided by others and acknowledge that use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible nor endorse the opinions, advice or recommendations posted or sent by users in any Public Forum and specifically disclaim all liability.
We have no obligation to you and therefore, we can refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
We reserve the right to review, refuse to post, remove, edit, store or presentations periodically review, at any time and for any reason, including, among others, ensure that presentations meet the Rules of Conduct, in our sole discretion and without notice. If we decide to examine the submissions, it may take the posting of such content in a Public Forum to allow for a review process. If you have questions about your Submissions, including, among others, the copyright, we may contact you for more information, including, for example, verify that you are the owner of the copyright or you have a permit otherwise obtained to post the material.
RULES OF CONDUCT
The following Rules of Conduct apply to the Sites DIMG. DIMG By using the Sites, you agree not to distribute any presentation:
that (a) is defamatory, abusive, liable to be accused of harassment, threatening or invades the privacy of another person, (b) is bigoted, hateful, racist or offensive will be otherwise; (c ) is violent, vulgar, obscene, pornographic or sexually explicit references to otherwise, or (d) that damages or may reasonably be supposed that causes injury to a person or entity;
that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to practice them, including a Submission that is on, or represents an attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene material or stolen, drug trafficking or drug abuse, harassment, theft, or conspiracy to commit crimes;
that violates the rights of third parties, including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights, (b) the right of privacy or publicity (specifically, no information should be disseminated staff of any third party without your express permission) or (c) any confidentiality obligation;
that is commercially related to the business, advertises or offers products, services or otherwise (whether or not for profit), or something similar request (including requests for contributions or donations);
which contains a virus or other harmful component or otherwise manipulate, damage or harm DIMG Sites or any connected network, or otherwise interfere with the use or enjoyment of the Sites DIMG by any person or entity;
(A) that generally do not relate to the subject or the subject indicated corresponding Public Forum, (b) violate any specific restrictions applicable to a Public Forum, or (c) are antisocial, disruptive or destructive, including "flaming" , "spamming", "flooding", "trolling" and "griefing" as those terms are commonly understood and used on the Internet.
We can not guarantee that other users are or will comply with the foregoing Rules of Conduct or any other provisions of these terms and conditions of use, and, between you and us, you hereby assume all risks of damage or injury resulting from any noncompliance of that nature.
COOPERATION, REMOVAL OF SUBMISSIONS
Without prejudice to any of our other rights under these terms and conditions, or by law, we reserve the right to (a) refuse to post or remove any submission or transmission of any site DIMG who violates these terms and conditions of use (including the Rules of Conduct) and (b) to the extent that we do so in accordance with applicable law, identify any user to third parties and / or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure (i) facilitate compliance with the law, for example, compliance with a court order or a subpoena from a court or (ii) help to enforce these terms and conditions of use (including the Rules of Conduct ) and / or the rules of our contests, sweepstakes, promotions and games and / or protect the safety of any person or property, including any site DIMG. In addition, we reserve the right to remove Submissions at any time for any reason or no reason whatsoever.
DISCLAIMER
UNDER APPLICABLE LAW, THE CONTENT OF THE SITES THAT YOU ARE DIMG OR OTHERWISE RELATING TO SUCH SITES OR A THIRD PARTY SITE OR RELATED SERVICES FROM ANYWHERE DIMG IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING UNDER APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. NO GUARANTEE THAT NO ERRORS IN ANY PORTION OF THAT BE UNINTERRUPTED ACCESS TO THE CONTENT, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS DIMG OFFERING SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALSO UNDER APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY irrevocably waive any claim against us REGARDING THE CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARDS AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY LAW. HOWEVER, PLEASE NOTE THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS users accessing the SITE IN CERTAIN JURISDICTIONS.
Furthermore, the content is not intended to replace professional medical advice. Always seek the advice of your physician with any questions you may have about a medical condition. If you think you have an emergency, immediately call your doctor or emergency services in your area. By relying on any information appearing on a Site DIMG, do so at your own risk.
DIMG The Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we can not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any content generated by our users.
The content of the Sites DIMG has educational and entertainment purposes. Such content is not intended to constitute legal advice and does not constitute professional, medical or healthcare provider or diagnosis and should not be used for such purposes.
