DISNEY'S PHOTOPASS TERMS AND CONDITIONS
Updated: October 6, 2009
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
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.
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.
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.
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.
are responsible for compliance with all local laws, and you are required to
Limitation on Use
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.
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).
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
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.
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