Press.disney.co.uk
USER AGREEMENT AND PRIVACY NOTICE FOR ACCESS TO THE WALT DISNEY COMPANY’S MEDIA MATERIALS TERMS AND CONDITIONS OF USE ("TERMS")
INTRODUCTION
USER MUST READ AND AGREE TO THESE TERMS BEFORE USING ANY OF THE PUBLICITY MATERIALS, INCLUDING IMAGES, AUDIOVISUAL FILES, PHOTOGRAPHS AND DOCUMENTS FURNISHED BY WALT DISNEY COMPANY OR ANY OF ITS AFFILIATES (collectively, the "Material(s)"). If User does not agree to the Terms, User must not use the Material. These Terms, as amended from time to time, are a legal agreement ("Agreement'') between The Walt Disney Company Limited or its affiliates ("Disney," also referred to herein as "we," "us," or "our'') and authorized members of the press who have registered with the site to access the Materials ("User(s)'', also referred to as "you" or ''your''). By using the Materials or clicking Agree, you signify your assent to these Terms. Disney reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Materials following the posting of changes to these Terms constitutes your acceptance of those changes. You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Materials through this website.
1. RESTRICTIONS ON USE OF MATERIALS
The Material is provided to you for the sole purpose of assisting you in publicising and directly promoting the entertainment content made available or distributed by Disney (the "Content'') during the relevant promotional window as designated by Disney in press outlets throughout Europe. New and updated Material may be added to the site as they become available. You may not transfer the Material to anyone else without our prior written consent. Any unauthorized transfer or use of the Material is expressly prohibited and may subject you to criminal and civil penalties. You may not comingle the Materials with any other elements. Any other use, re-use, distribution or posting of the Materials is prohibited. You agree to include all applicable credits, promotional notices, copyright notices, trademark notices and other proprietary notices designated by Disney in all materials which include the Materials.
2. INDEMNIFICATION
User agrees to and will indemnify, defend and forever hold Disney (and its officers, directors, agents, employees, parents, affiliates, divisions and subsidiaries) harmless against and from any and all claims, costs, liabilities, judgments, damages and expenses (including, without limitation, reasonable attorneys' fees) arising out of any breach by User of any provision of these Terms, including any unauthorized use by User of all or any part of the Material. User will use its best efforts to cooperate with Disney in the defence of any claim. Disney reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User.
3. JURISDICTIONAL ISSUES
Unless otherwise specified, the Materials are presented solely for the purpose of publicising the Content in Europe. You may supply Materials only to press outlets within Europe. Disney makes no representation that the Materials are appropriate or available for use outside of Europe. Parties outside Europe are not authorized to access this site or use any Materials.
4. TERMINATION
These Terms constitute an Agreement, which shall be in effect until terminated by either party. You may terminate this Agreement at any time by ceasing use of the Materials, destroying all Materials and all related documentation and all copies and installations thereof. This Agreement will terminate immediately without notice from Disney if in Disney's sole judgment you fail to comply with any provision of these Terms. Upon termination, you must cease use of Materials and destroy all Materials obtained from this site and all copies thereof, whether made under the terms of this Agreement or otherwise. If you do not immediately stop using such Materials after Disney has determined that you are acting in an unauthorised manner, you hereby grant Disney the right to instruct your Internet Service Provider to deactivate your website immediately. You agree to indemnify and hold Disney harmless from any claims and damages arising out of such instruction to your Internet Service Provider.
5. DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISNEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISNEY DOES NOT WARRANT THAT THE MATERIALS WILL BE SUPPLIED ON AN UNINTERRUPTED BASIS OR THAT THEY ARE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISNEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DISNEY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICTNG, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, Disney explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from this website from third parties not associated with Disney.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DISNEY BE LIABLE FOR ANY SPECTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE. IN NO EVENT SHALL DISNEY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF DISNEY OR A DISNEY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING THIS WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. LIQUIDATED DAMAGES
User understands and agrees that if User uses or allows others to use the Material in any way that is not permitted by these Terms or authorised by Disney, that Disney may suffer irreparable harm and that monetary damages would be inadequate to compensate Disney. User agrees that, in such event, Disney will be entitled, in addition to such monetary relief as may be recoverable by law, to such injunctive or other equitable relief as may be necessary to restrain any threatened, continuing or further use of the Material, without showing or proving any actual damages sustained, and without bond. User further agrees that the monetary damages that Disney would suffer would be substantial but cannot be readily ascertained at this time. Accordingly, in addition to any remedy or relief to which Disney may be entitled, User agrees to pay to Disney, as liquidated damages and not as a penalty, a sum of $1,000 for each unauthorized download, use or access of any part of the Material. User agrees that such amount is fair and reasonable based on the circumstances existing at the time User downloads, uses or accesses the Material.
8. NO ADVERTISING, SOLICITATION OR ENDORSEMENT
You are prohibited from using the Disney name, characters or properties and those of its affiliated or related companies, in any advertising, offers or solicitations, in any media as a means to advertise or to suggest endorsement of any product or service.
9. NO SPONSORSHIP
In no way will User use the Material in a manner that implies that Disney is a sponsor of User or any of User's associated entities. The manner in which the Material is used may not be derogatory to or critical of the entertainment industry or of Disney (and its officers, directors, agents, employees, affiliates, divisions and subsidiaries) or of any Content and will not be used in a manner derogatory to or critical of the program(s) to which the Material is related or of any person involved with the production of the program(s) represented in the Material. Any breach of this paragraph will render this Agreement null and void and User will be liable to all parties concerned for defamation and copyright infringement, as well as breach of contract and for all of Disney's costs and expenses, including attorney's fees, incurred in connection with any resulting claim or litigation.
10. OTHER
a) No waiver by Disney, whether express or implied, of any provision of these Terms will constitute a continuing waiver of such provision or a waiver of any other provision of these Terms. No waiver by Disney, whether express or implied, of any breach or default by User will constitute a waiver of any other breach or default of the same or any other provision of these Terms.
b) The parties agree that they are to remain independent parties and that nothing contained in these Terms will be so construed as to constitute the parties as principal and agent, employer and employee, partners, or joint venturer, nor will any similar relationship be deemed to exist between the parties.
c) These terms of use shall be governed by and construed in accordance with the laws of England and Wales, and the courts of London, England shall have exclusive jurisdiction in respect of any actions or claims under these terms of use and you hereby consent and submit to the personal jurisdiction of such courts, provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law. We make no representation that the Materials are appropriate or available for use in any particular location. If you choose to access the Materials you do so on your own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
11. DATA REQUIRED TO ALLOW ACCESS TO PROMOTIONAL AND MARKETING MATERIALS - PRIVACY NOTICE
The below is a Privacy Notice that sets out how we process the personal data of professional journalists and others who work in the media when requesting access to the Materials. For the purposes of the data protection laws, the data controller is The Walt Disney Company Limited of 3 Queen Caroline Street, London, W6 9PE, United Kingdom.
a) Your data: The personal data we may collect about you includes your: (i) full name, (ii) business/organisation, and (iii) email address.
b) Purpose: To grant you access to various visual and audio-visual marketing and promotional materials for our current or upcoming films and series releases.
c) Legal basis of processing: We are undertaking the processing described above to facilitate our business relationship with you, for which we have a legitimate interest.
We will process your data in accordance with the terms of the Privacy Policy for Non-Guest Relationships, a copy of which is available at https://sites.disney.com/ngr-privacy-policy/.