Terms of Use

INTRODUCTION

Welcome to the www.disneytravelagents.co.uk Web-site (the "Site"). The Site is owned and operated by The Walt Disney Company Limited, 3 Queen Caroline Street, London W6 9PE, United Kingdom (referred to herein as "Disney", "we", "us", or "our"). This Site is only for the use of travel agents.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our 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 Site following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in the Site are the copyrighted property of Disney Enterprises, Inc., or its subsidiaries or affiliated companies and/or third party licencors. All trademarks, service marks, and trade names are proprietary to Disney Enterprises, Inc. or its affiliates. No material from the Site or any Internet site owned, operated, licenced, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may, however, download one copy of the materials on any single computer for your personal use only, provided that you (i) keep intact all copyright and other proprietary notices, (ii) make no modifications to the materials, (iii) do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) do not download quantities of materials to a database that can be used to avoid future downloads from the Site. For purposes of these Terms of Use, the use of any such material on any other Web site or computer environment is prohibited.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licenced to you by Disney. Disney does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Disney retains its full and complete rights in and to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

USERNAMES/PASSWORDS

You acknowledge that the Site is intended for use only by appropriately authorised users. You shall ensure that the Username and Password allocated to you are only used by you and you agree not to disclose or distribute the Username and/or Password to any other party. You agree to take all reasonable security measures to ensure that there is no unauthorised or accidental use or disclosure of the Username or Password. In the event of such unauthorised or accidental use or disclosure, you agree to immediately notify Disney.
Disney reserves the right to amend your Username and/or Password at any time on its own initiative.

SUBMISSIONS

We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. 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. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, 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).
If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature worldwide and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, message board, or e-mail function offered as part of any Disney Site. If you participate in any Forum within a Disney Site, you must not:

• defame, abuse, harass or threaten others;
• make any bigoted, hateful, or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous, or indecent language or images;
• advertise or sell to or solicit others;
• use the Forum for commercial purposes of any kind;
• post or distribute any software or other materials that contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorise us to do so, (b) we must do so in order to resolve technical problems on any Disney Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. You shall remain solely responsible for the content of your messages.
We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and licence to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user- generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
By submitting any materials to us by email or otherwise, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

CONTENT LINKED TO THE SITE

Please exercise discretion while browsing the Internet from the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There may be links to other sites from Web pages at the Site that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site, if any, may send cookies to users that we do not control.
We reserve the right to disable links from third party sites to the Site.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the Site.
Please keep in mind whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting travel-related and other related products available in the United States, its territories, possessions, and protectorates and Europe. This Site is controlled and operated by Disney from its offices within the United Kingdom and the State of Florida, United States of America. Disney makes no representation that materials in the Site are appropriate or available for use in other locations other than the United Kingdom. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States and European export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

Your access to the Site may be terminated at any time for any reason or no reason. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under these Terms of Use or otherwise. On termination, for whatever reason, you shall immediately cease using any Usernames and Passwords which have been allocated to you.

INDEMNIFICATION

You hereby indemnify, defend and hold us and our affiliates and our and their officers, directors, owners, employees, agents, information providers, affiliates, licencors and licencees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your account. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
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 FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR 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 SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. DISNEY SPECIFICALLY DISCLAIMS ALL LIABILITY, LOSS, CLAIM OR ACTION ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF ANY APPLICATION (E.G. ITINERARY PLANNER AND RESORT SELECTOR) DOWNLOADED BY YOU FROM THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DISNEY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF DISNEY OR A DISNEY AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DISNEY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

GENERAL PROVISIONS
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts of England and Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use or any communication with or transaction on or through this Site.

PRIVACY POLICY

The Walt Disney Company Limited ("Disney", "we", "us") is committed to helping you make the most of your time on the Internet with a trusted environment. This privacy policy discloses how we collect, protect, use and share information gathered about you on our Web site (the "Site"). We hope that this disclosure will help increase your confidence in our Site.
Please read on for details about our practices for handling and securing your information. By accessing or using this Site, you agree to the terms of this Privacy Policy.

WHAT INFORMATION DO WE COLLECT?

Information you provide
We may store information that you provide us. This information could include information that you supply to us through questionnaires, surveys, e-mails, on-line transmissions and other means (both on-line and off-line).
Information collected from you with technology
In addition to the information you provide, our Web server may collect a variety of information using technology, so it may not be readily apparent to you that it is being collected. For instance, it may collect information when you conduct searches, place orders or make purchases. It also may collect the name of the IP address you used to access the Internet, information regarding your computer system, the Web site you came from and visit next, the pages you view on this site, number of visits and similar information.
What are cookies and how does Disney use them?
Cookies are small pieces of data stored by your Internet browser on your computer's hard drive that permit us to recognise you when you access this Site. If you are browsing, a cookie is used to help us measure the number of visits, time spent, page views, and other data relating to our Site. The use of cookies is commonplace and practical. Most Web sites use them. By indicating how and when users consult a site, cookies help us to focus on the interests of our users more effectively. Cookies also help us to personalise our Web pages.
You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent. Please note, however, that by not accepting cookies, you may not be able to access the Site or to have access to many Disney features that make your Web experience more efficient. In addition, some of our services may not function properly.
Information from Other Sources
We also may obtain and store information about you from other sources. Examples of these sources might include ARC, travel wholesalers, other travel suppliers, GDSs, and database or overlay providers.

HOW DO WE USE YOUR INFORMATION?

We may use the information we collect for advertising, promotion and other sales and marketing purposes. For instance, we may send you e-mail updates, newsletters, offers and other advertising and marketing materials. These materials may promote our products or the products of others.

DO WE COMMUNICATE YOUR INFORMATION TO THIRD PARTIES?

We may share your information with travel wholesalers, suppliers and other companies that we work with. We also may share your information with companies that perform services for us. In addition, we may provide the information in order to comply with judicial measures, such as a subpoena; to enforce compliance with our Web site terms of use; to safeguard our rights or property or the rights or property of others; or to protect our services, Site, guests or others.
Disney and our affiliated companies may share the information with each other for advertising, promotion, and other sales and marketing purposes.

HOW DO YOU ACCESS AND UPDATE YOUR INFORMATION?

Some of the information we collect about you can be accessed and updated by going to the Update My Profile form on this site. You can also contact us via e-mail at travelagent.privacyinfo@disney.com. Please include information in the e-mail that will help us identify you so that we can assist you with your inquiry or request. Requests regarding the discontinuance of marketing communications from us to you can also be forwarded to us at that e-mail address.

HOW DO WE PROTECT THE INFORMATION?

We take technical, contractual, administrative, and physical security steps to protect the information. The steps taken may vary depending on the type of information.

WHAT IF WE CHANGE OUR PRIVACY POLICY?

We reserve the right to modify or supplement this Privacy Policy statement at any time. If we make any material change to this Privacy Policy, we will update this Site to include such changes. Please check this Privacy Policy periodically for changes. Your continued use of the Site following the posting of changes to this Privacy Policy will mean that you accept those changes.