DISNEY'S
PHOTOPASS TERMS AND CONDITIONS
Updated:
October 6, 2009
General
Information
Before
you enter DisneyPhotoPass.com please read the following Terms and Conditions
(the "Terms") carefully. For purposes of these Terms, "you"
and "your" shall mean you, our Guest, and "we",
"us", and "our" shall mean Disney Photo Imaging, LLC. Also
"the site" shall mean DisneyPhotoPass.com.
Your
use of Disney's PhotoPass site signifies your agreement to these Terms.
This will mean that any contract formed between us will be subject to these
Terms.
Order
and Acceptance
We
will be pleased to receive your order for prints and other products to be sold
in accordance with the Terms, at the price and to the specifications described
on the site. No binding contract is created until your order has been accepted.
Acceptance of your order shall take place when your credit card is charged and
until then our right is reserved to cancel your order.
Availability
and Delivery
Receipt
of your order does not guarantee that we can supply the selected products to
you. All the products on DisneyPhotoPass.com are subject to availability and we
must therefore reserve the right: to limit quantities of products we supply; to
supply only part of an order or to divide up orders; to alter the availability
and duration of, and to terminate at any time, any special offers. We will not
charge your credit card unless, or to the extent, we are able to deliver the
products to you as ordered.
We
will use all reasonable means to ensure your purchases are delivered promptly
but we cannot guarantee that there will be no delays in delivery, and accept no
liability or responsibility for delayed delivery of products where the delay is
outside of our reasonable control.
Sharing
Photos on Disney's PhotoPass Site
To
share your photos online, you must provide valid email address(es) for all recipients. Disney is not responsible for
undeliverable email addresses. Disney reserves the right to filter, edit and/or
reject text content of share email subject line and message. Please note that
the recipient will receive a link to your vacation photos, not files of the
photos themselves. Recipients of share emails will be able to purchase prints
of any or all photos included in your account and other products available on Disney's
PhotoPass site. Recipients are not required to register prior to viewing
your pictures.
Use
of Text
Disney
reserves the right to filter, edit and/or reject text content of text entered
in creation of any products.
Prices
and Payment
Please
note that the prices of products offered on the site do not include sales tax,
if any, and shipping costs which vary depending on delivery option and
location. Prices are subject to change at any time prior to acceptance of your
order and in case of a change we shall notify you and ask whether you still
wish to proceed. Payment for products shall be made by credit card.
Privacy
and Security
Please
see our Privacy Policy.
Storage
Policy and Photo Availability
Photos
taken by Disney's PhotoPass Photographers and linked to a Disney's
PhotoPass I.D. number will be available online by the morning after the
photos were taken. Guests must claim photos within 30 days from when the photos
were taken. Photos not claimed within 30 days from which they were taken will
no longer be available. Once photos are claimed and associated to a
DisneyPhotoPass.com account, they will be available for viewing, sharing and
purchasing for 30 days from the date they were claimed, after which the photos
will no longer be available. Disney reserves the right to refuse to post or
upload or remove any photos which contain content that might be deemed to be
offensive.
Return
Policy
If
you are not satisfied with the quality of any product you purchase, simply
return it within 30 days of purchase and we will either reprint the product at
no cost to you or refund the original purchase price. Please visit
DisneyPhotoPass.com Help for information regarding returns and refunds. We will
refund your account or reprint your photos when we receive your return.
Copyright
Policy, Restrictions on use of Materials
All
photographs taken by Disney's PhotoPass Photographers are owned and
copyright protected by Disney. Please be aware that it is illegal to reproduce
or distribute copyrighted material without the permission of the copyright
owner. Purchased prints and other products may not be reproduced without
permission from Disney. Accessing pictures or text provided on Web sites does
not give you any rights to use them. Only the copyright owner, or the owner's
legal agent, can grant permission to copy, distribute, or publicly display
protected material.
All
information, content (other than Personal Content, as defined below), software,
materials and trademarks contained in the site are the copyrighted property of
Disney Enterprises, Inc. or its subsidiaries or affiliated companies and/or
third-party licensors and are protected by trademark, copyright and other
applicable laws. All trademarks, service marks, trade names and trade dress are
proprietary to Disney. No material from the site may be transmitted,
distributed or reproduced in any way.
Unsolicited
Submissions
We
are pleased to hear from our Guests and welcome your comments regarding our
products and services. However, please do not send us any unsolicited original
creative materials such as stories or ideas, screenplays, product suggestions
or original artwork. While we do value your feedback on our services and
products, we request that you be specific in your comments on those services
and products, and not submit any creative ideas, suggestions, or materials
(unless specifically requested by us). 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.
If,
through participation in certain activities on or related to Disney's
PhotoPass site or service, you send any material other than Personal
Content (as defined below) or, despite our request, you send us unsolicited
creative suggestions, ideas, notes, drawings, concepts, or other information
other than Personal Content (as defined below) (collectively, "Unsolicited
Submissions"), the Unsolicited Submissions shall be deemed, and shall
remain, our property. None of the Unsolicited Submissions shall be subject to
any obligation of confidentiality on our part and we shall not be liable for
any use or disclosure of any Unsolicited Submissions. Without limitation of the
foregoing, we shall exclusively own all now-known or hereafter existing rights
to the Unsolicited Submissions of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Unsolicited Submissions for
any purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Unsolicited Submissions or any other person or entity.
Personal
Content
In
these Terms, "Personal Content" means (i) digital content, images and
personal photographs ("Personal Photos"), plus (ii) text
descriptions, greetings and messages or other content that you post and/or
upload to Disney's PhotoPass site in order to use services and features
offered by Disney's PhotoPass site and purchase prints or other products
from Disney's PhotoPass site.
Licenses
and Representations
In
consideration of you participating in activities on the site and using Disney's
PhotoPass service, you represent and warrant to us that you are the
copyright owner of all Personal Content, and that by posting and/or uploading
any Personal Content to the site you thereby grant to us a non-exclusive
license to store such Personal Content, to use such Personal Content to produce
merchandise purchased from the site and for any other purpose determined by us
to be necessary to provide services in connection with the site.
In
addition, by posting and/or uploading any Personal Content to the site you
represent and warrant that the Personal Content and your posting and/or
uploading thereof conform to the Rules of Conduct (set forth below in the
section labeled "Rules of Conduct") and other requirements of these
Terms.
You
further agree that the Personal Content shall not be subject to any obligation
of confidentiality on our part and we shall not be liable for any use or
disclosure of any Personal Content, and that the Personal Content is not being submitted
in confidence or trust and that no confidential or fiduciary relationship is
intended or created between you and us in any way, and that you have no
expectation of any review or compensation of any kind.
To
the extent that we offer merchandise or services that require the use of our
copyrighted works (in whole or in part), we hereby grant you a non-exclusive
license to create a derivative work using our copyrighted works (in whole or in
part) as required (but only as required, and only for the purpose of creating
your derivative work); provided, however, that such license shall be
conditioned upon your assignment of all rights in the work you create to us. If
such rights are not assigned to us, your license to create derivative works
using our copyrighted works (in whole or in part) shall be null and void. You
agree to the foregoing grant of rights, consents, agreements and assignments
whether or not your derivative works are used by us.
Rules
of Conduct
The
following Rules of Conduct apply to Disney's PhotoPass site. By using Disney's
PhotoPass site, you agree that you will not post, upload, use or share
(through our e-mail function and other features offered as part of the site)
any Personal Content that:
1. (a) is
defamatory, abusive, harassing, threatening, or an invasion of a right of
privacy of another person; (b) is bigoted, hateful, or racially or otherwise
offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually
explicit; or (d) otherwise harms or can reasonably be expected to harm any
person or entity;
2. is
illegal or encourages or advocates illegal activity or the discussion of
illegal activities with the intent to commit them, including a Submission that
is, or represents an attempt to engage in, child pornography, stalking, sexual
assault, fraud, trafficking in obscene or stolen material, drug dealing and/or
drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes
or violates any right of a third party including: (a) copyright, patent,
trademark, trade secret or other proprietary or contractual rights; (b) right
of privacy (specifically, you must not distribute another person's personal
information of any kind without their express permission) or publicity; or (c)
any confidentiality obligation;
4. is
commercial, business-related or advertises or offers to sell any products,
services or otherwise (whether or not for profit), or solicits others
(including solicitations for contributions or donations);
5. contains
a virus or other harmful component, or otherwise tampers with, impairs or
damages Disney's PhotoPass site or any connected network, or otherwise
interferes with any person or entity's use or enjoyment of Disney's
PhotoPass site; or
6. (a)
does not generally pertain to the topic or theme of Disney's PhotoPass
site; (b) violates any specific restrictions applicable to Disney's
PhotoPass site, including its age restrictions and procedures; or (c) is
antisocial, disruptive, or destructive, including "flaming,"
"spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and
used on the Internet.
We
cannot and do not assure that other users are or will be complying with the
foregoing Rules of Conduct or any other provisions of these Terms, and, as
between you and us, you hereby assume all risk of harm or injury resulting from
any such lack of compliance.
Cooperation;
Removal of Personal Content
We
reserve the right, but disclaim any obligation or responsibility, to (a)
monitor and review Personal Content, (b) refuse to post or upload or remove any
Personal Content from Disney's PhotoPass site that violates these Terms
(including the Rules of Conduct) and (c) identify any user to third parties,
and/or disclose to third parties any Personal Content or personally
identifiable information, when we believe in good faith that such
identification or disclosure will either (i) facilitate compliance with laws,
including, for example, compliance with a court order or subpoena, or (ii) help
to enforce these Terms (including the Rules of Conduct) and/or our contest,
sweepstakes, promotions, and game rules, and/or protect the safety or security
of any person or property, including Disney's PhotoPass site. Moreover,
we retain all rights to remove Personal Content or cancel any order at any time
for any reason or no reason whatsoever.
Termination
of Access
We
reserve the right to terminate your access to Disney's PhotoPass service
if you violate any of these Terms (including the Rules of Conduct).
Third
Party Links
In
the event that the site provides links to any third-party sites, you agree that
we have no control over the content on such sites. It is your responsibility to
become familiar with each site's privacy policies, other policies and terms of
service and to contact that site's Webmaster or site administrator with any
concerns.
Third
Party Software
We
may make software from third-party companies available to you. To download such
software, you must first agree to the respective software licenses and/or
warranties. Each software product is subject to the individual third-party
company's terms and conditions, and the agreement will be between you and the
respective company. This means that we do not guarantee that any software that
you download will be free of any contaminating or destructive code, such as
viruses, worms or Trojan horses. We do not offer any warranty on any
third-party software you download from or using this site.
Export
laws
You
are responsible for compliance with all local laws, and you are required to
comply with
Limitation
on Use
You
must be at least 13 years of age to use DisneyPhotoPass.com. Please see the
site Privacy Policy for further information.
Circumstances
Beyond our Reasonable Control
We
are not liable for delays in performance caused by circumstances beyond our
reasonable control and will be entitled to an extension of time for
performance; examples include strikes, supplier/transport/production problems,
exchange fluctuations, governmental or regulatory action and natural disasters.
If such circumstances continue for more than 1 month, either party may
terminate a contract for the purchase of products without compensation.
Disclaimers
THE
CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO DISNEY'S PHOTOPASS SITE OR ANY THIRD PARTY SITES OR SERVICES
LINKED TO FROM DISNEY'S PHOTOPASS SITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO
NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT DISNEY'S PHOTOPASS SITE
OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY
IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT
YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL
INFORMATION).
Indemnification
You are responsible for maintaining the confidentiality of your
username(s), password(s), and your account(s), as well as all activities that
occur under your account(s). You hereby agree to indemnify, defend, and hold
us, our licensors, licensees, distributors, agents, representatives and other
authorized users, and each of the foregoing entities' respective resellers,
distributors, service providers and suppliers, and all of the foregoing
entities' respective officers, directors, owners, employees, agents,
representatives and assigns (collectively, the "Indemnified Parties")
harmless from and against any and all losses, damages, liabilities and costs
(including settlement costs and any legal or other fees and expenses for
investigating or defending any actions or threatened actions) incurred by the
Indemnified Parties in connection with any claim arising out of any breach by
you of these Terms or claims arising from your use of Disney's PhotoPass site
and/or your account(s). You shall use your best efforts to cooperate with us in
the defense of any claim. We reserve the right, at our own expense, to employ
separate counsel and assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR
LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS,
DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY
DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE
INABILITY TO USE, DISNEY'S PHOTOPASS SITE OR CONTENT, OR (B) THE CONDUCT OR
ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF DISNEY'S PHOTOPASS SITE OR
ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS)
FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO DISNEY'S PHOTOPASS
SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR
ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND
OUR OR THEIR REASONABLE CONTROL.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY PERSONAL CONTENT
OR IMAGE TO DISNEY'S PHOTOPASS SITE, AND THE POSTING, DOWNLOAD OR UPLOAD OF ANY
PERSONAL CONTENT OR OTHER MATERIAL THROUGH DISNEY'S PHOTOPASS SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
LOSS OR DAMAGE TO YOUR PERSONAL CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE POSTING, DOWNLOAD OR UPLOAD OF
ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR
PERSONAL CONTENT AND IMAGES.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND
ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
Applicable Law, Jurisdiction and Venue
These Terms shall be governed by and construed in accordance
with the laws of the State of
Miscellaneous
The title and risk of loss for prints and other products
purchased by you through DisneyPhotoPass.com passes to you upon our delivery of
such products to our carrier for shipment to you. We may assign our rights and
responsibilities hereunder without notice to you. We reserve the specific right
to transfer the running of the service to any other company within the Disney
family of companies. If any part of these Terms is held to be invalid or
unenforceable, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision most closely matching the intent
of the original provision and the remainder of the Terms will continue in
effect.
Amendment
We reserve the right to change these Terms from time to time,
provided we give reasonable notice to consumers, where possible. These Terms
constitute the entire agreement between you and us with respect to the subject
matter hereof and supersede all other communications, written or oral, with
regard to the service.
The site does change and is regularly updated. Information
relating to products and services (including their availability) and prices is
subject to change without notice. In the case of any material error found on
the site or order acknowledgement affecting your outstanding transactions, we
will notify you of the corrected version and you may accept the rectified
version as applying to any outstanding transaction with us or request us to
give you a full refund in respect of the price of the products concerned.
Web site owner and supplier of the products and services:
Disney Photo Imaging, LLC
Email contact address: Disneyphotopass_Support@disneyworld.com