Last Updated: July 22, 2015
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
1. Agreement between You and Us
You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. These Terms describe the limited basis on which the Service is available and supersede prior agreements or arrangements. DATG reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Please check these Terms periodically for changes. If you do not agree to any change to these Terms, you must discontinue using the Service. Your continued use of the Service following the posting of changes to these Terms will signify your acceptance of those changes. Our representatives are not authorized to modify any provision of these terms, either verbally or in writing. We may immediately terminate your access to the Service if you fail to comply with any provision of these Terms.
2. The Service
The Service and the Content contained therein are made available to professional members of the news and entertainment media in the United States. If the Service enables the use or download of software, Content or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, Content or other material solely for editorial purposes regarding DATG, its media networks (i.e., ABC Television Network, ABC Family, Disney Channel, Disney Junior, Disney XD and Radio Disney) and DATG’s current programming in news and entertainment media only, and further provided: (i) you keep intact all copyright and other proprietary notices and do not modify the Service or Content; (ii) you do not use the Content in a manner that suggests an association with any of our programming or media networks; and (iii) you do not exceed a reasonable number of downloads, as determined by DATG in its sole discretion.
Content available for viewing or download may not be sold, monetized, archived, altered, duplicated, retransmitted or used for any other purposes without the express written permission of DATG. Without limiting the foregoing, authorized users of the Service may distribute Content made available as part of the Service to their subscribers or viewers solely for editorial purposes in news and entertainment media.
The Service (including but not limited to any Content therein) is the copyrighted property of the media networks that comprise DATG, their respective affiliated entities, or their respective licensors or licensees. All trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service and the Content contained therein are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Service may be used or exploited in any way other than as part of the Service offered to you. You may own the physical media on which elements of the Service are delivered to you, but we retain full and complete ownership of the Service. We do not transfer title to any portion of the Service to you.
Except as expressly authorized by these Terms, other uses of DATG Content made available as part of the Service must be separately licensed in advance as part of a written agreement.
You may not circumvent or disable any Content protection system or digital rights management technology used with any portion of the Service; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By accessing services, Content or software through the Service, you represent and warrant that your access to and use of the services, Content or software will comply with those requirements.
You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any of the Service or connected network. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Service using a robot, spider, scraper or other automated means or manual process without our express written permission.
In order to register for an account to use the Service: (i) you must be 18 or older; (ii) you must be primarily engaged in the business of reporting entertainment news or other related matters of public interest in the United States, as determined by DATG in its sole discretion; (iii) you must agree to these Terms; and (iv) your application must be approved by DATG for a membership account. During the account application process, you will be asked to provide your contact information, information regarding your publication and/or employer and will be asked which DATG media network(s) and Content you would like access to if your application is approved.
You agree not to: impersonate or misrepresent your affiliation with any entity, use another person’s username, password or other account information, or use another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide, including contact information for your employer. Authorized users of the Service will receive periodic emails from DATG regarding the Service, its Content and DATG’s current programming.
DATG reserves the right, in its sole discretion, to deny, suspend or terminate any user’s account at any time and for any reason. All decisions regarding user accounts, including but not limited to application approvals, access to Content and/or account suspension or termination shall be determined by DATG in its sole and absolute discretion. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username or password or of any other breach of security that you become aware of involving your account or the Service.
4. Additional Provisions
Disclaimers and Limitation on Liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY U.S. DOLLARS (US $50).
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made 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 review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Lance R. Griffin
The Walt Disney Company
500 South Buena Vista Street
Burbank, California 91521, USA
Phone: +1 818-560-1000
Fax: +1 818-560-4229
We will respond expeditiously to claims of copyright infringement committed using the Disney Service that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Disney Service hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.
5. Choice of Forum; Choice of Law; Severability; Survival; Waiver
You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. These Terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.