Welcome to ToontownToontown Terms
Last updated: 12th August 2009 WelcomeWelcome to Toontown Online, Disney's massively multiplayer online game ("Toontown") made available by Disney in English in the United Kingdom online at www.toontown.co.uk (the "Site"). The Toontown Terms apply to the use of and subscription to Disney's Toontown Online. Please read this document. If you have any questions please contact us at help@toontown.co.uk This document is current as at 12th August 2009. Please check the website for updates regularly on the site. If you have queries about our use of personal information, you can write to us at: Disney Interactive Media Group The Walt Disney Company Limited 3 Queen Caroline Street London W6 9PE, United Kingdom. or send an e-mail to: help@disney.co.uk IMPORTANT NOTICE PLEASE READ THESE TOONTOWN TERMS AND CONDITIONS (THE "TOONTOWN TERMS") CAREFULLY BEFORE PLACING ANY ORDER FOR TOONTOWN OR BEFORE USING TOONTOWN OR THE SITE. These Toontown Terms will apply when you access and use the Site or use Toontown including when you place orders to join Toontown whether with a free account, by subscription, or otherwise. These Toontown Terms consist of five main parts:
PART A - INTRODUCTIONThe Site is accessible to people throughout the world. These Toontown Terms, the Site and all associated materials are offered in the English language only. Should you wish to play Toontown via the Site, you must accept these Toontown Terms and you must be fluent in English to do so. Our agreement with you permitting you to play Toontown may only be concluded under these Toontown Terms in English. In order to use Toontown, you must agree to these Toontown Terms. If you are unable to agree to these Toontown Terms then you must not use the Site or place any orders through it or use Toontown. Privacy and communicationsYour privacy is very important to us. Please review our Privacy Policy in Part E, which explains how we will use your personal information that you disclose to us when creating your Disney Account, in the course of your use of the Site and when registering to play Toontown. You may update your details at any time by using the online tool "My Account" available to Toontown Subscribers on the Site or by contacting us at help@toontown.co.uk. Where you have selected to receive communications from us, Disney may send you emails or printed materials associated with Disney or Toontown. For example, we may send Toontown subscribers (six-monthly and yearly Toontown subscribers only) in the United Kingdom and Europe a ToonClub magazine or newsletter. These mailings are not part of your subscription and may be sent or withdrawn by us at any time. If in the process of creating your Disney Account you opted in to receive communications from selected third parties you may also receive emails or printed materials from those third parties. You may change your preferences at any time. English lawAny agreement made between us in the manner described herein shall be subject to and interpreted and enforced in accordance with English law and in respect of any actions or claims under these Terms you and we agree to submit to the non-exclusive jurisdiction of the English courts. Who we areToontown is operated by Disney Interactive Media Group, part of The Walt Disney Company Limited and its affiliates (collectively referred to in the Toontown Terms as "we," "us," "our" or "Disney"). Our registered office is at: 3 Queen Caroline Street, London, United Kingdom, W6 9PE VAT number 539293808 Email: help@toontown.co.uk* *If you or your e-mail service provider operates a spam filter please ensure that you add "@disney.co.uk" and "@toontown.co.uk" as permitted e-mail domains so that you receive any e-mails that we send to you. If you have any queries or experience any problems with your order or in using our Site, please visit our "Help/Contact Us" page on the Site. You may find the answer to your query under our "Frequently Asked Questions". You may also complete the "Toontown Bug Report Page" or complete the online "Feedback Form". You may also contact us by e-mail at the above e-mail address and we will be happy to assist you. We will endeavour to respond to you as soon as possible. While most queries are answered within one or two business days, where you have a more complicated technical query we may take a few more days to resolve your question. Toontown is rated three plus (3+) in accordance with the Pan-European Games Information system administered by the Netherlands Institute for the Classification of Audiovisual Media (NICAM) www.pegi.info. Changes to these Toontown TermsWe reserve the right, at any time, to modify, alter or update these Toontown Terms on thirty (30) days notice to you. Please check these Toontown Terms periodically for changes. Your continued use of Toontown following notice of changes to these Toontown Terms will be deemed to mean you accept and agree to be bound by such modifications, alterations, or updates. If you do not accept any material changes to these Toontown Terms, you may terminate your subscription to Toontown (see "Termination of your access to Toontown" in Part B below). Changes to ToontownWe may at our sole discretion change, modify, suspend, or discontinue any aspect of Toontown at any time, including, for example, the availability of any Toontown feature, database or content, hours of availability, or equipment needed to access Toontown on either a temporary or permanent basis. We may also impose limits on certain features or restrict your access to parts or all of Toontown, for extended periods of time. We will try to provide as much notice as we reasonably can but sometimes we may do this without notice. Your continued use of Toontown following implementation of the changes will be deemed to mean you accept those changes. If you do not accept any material changes to Toontown, you may terminate your subscription to Toontown (see "Termination of your access to Toontown" in Part B below). PART B - BECOMING A MEMBER OF TOONTOWN AND OUR AGREEMENT WITH YOUWe have set out below a summary of the steps that you need to follow in order to place an order on the Site to become a member of Toontown, either with a free account or by subscribing to Toontown. This section details the steps that may be taken by you and by us to conclude a legally binding agreement for your access to Toontown. There are two types of membership available to participate in Toontown:
Collectively your "Free Account" or "Toontown Subscription" may be referred to in these Toontown Terms as your "membership" to Toontown. Some of the provisions of these Toontown Terms apply only to a Free Account or only to a Toontown Subscription, as indicated where that is the case. When creating and using your Disney Account and registering with Toontown you will provide Disney with accurate, complete and updated account information. Failure to do so will be a breach of these Toontown Terms and our agreement with you. A breach may result in immediate termination of your membership and possibly your Disney Account (see "Termination of your access to Toontown" below). If you change any details such as name or e-mail address you must update these details in your Disney Account. When your Toontown Subscription is over, your account is converted into a Free Account automatically. All game related information is stored so if you decide to become a subscriber again you will once again have access to all of your Toons and advanced features that are not available with a Free Account. Please make sure that you check system specifications before joining Toontown and downloading the Toontown game or any other necessary software. It is your responsibility to check that your personal computer meets the minimum specifications prior to joining Toontown. Becoming a member and creating your ToonThe first step in registering to play Toontown, whether as a Free Account or a Toontown Subscription, is to become a member of Toontown by creating a Disney Account and selecting a Disney ID then registering with Toontown. You will use your Disney ID to play Toontown so make sure you record it! You may already have a Disney ID - in this case you may use it to register with Toontown immediately. If you wish to become a Toontown subscriber you will need to update your Disney Account and provide more information as requested. Once you have created a Disney Account, you may either start playing with a Free Account or offer to subscribe to Toontown through creating a Toontown Subscription (please see below). When you first play Toontown you will be prompted to create a Toon. A Toon is an avatar character that you create and exists within Toontown only. You will play Toontown through your Toon. Please select from the options you are presented with to create your Toon. You will need to select a Toon name ("Toon Name"). This will be different to your Disney ID. You may select a Toon Name from the list provided to you or you may create your own Toon Name. The Toon Name you create will be reviewed by us and will be approved only if it meets our rules. Please see "Rules related to Toon names" under the Members Agreement which forms Part C of these Toontown Terms. Toontown Subscriptions Only: As a Toontown Subscriber you will be entitled to create a maximum of six Toons through which you can play the game. Your Toons will be under your control including where you have permitted other persons, such as your children or family members, to play Toontown through your Toons. Please note that you may only play one Toon at a time through your subscription. If you have two or more family members who wish to play Toontown at the same time through separate Toons you will need to take out additional Toontown Subscriptions. Free AccountFrom time-to-time, Disney may offer through the Site free access to the basic game features in Toontown. You may also receive free access to Toontown as part of a special offer in which case you must enter the voucher code provided by Disney when prompted. Once you have created your Disney Account and registered with Toontown, you will be given access to Toontown. If you wish to have full access to all game features in Toontown, you may offer to subscribe to Toontown. In the case of a person aged under 18, a parent or guardian must create the Toontown Subscription and may allocate child passwords under that Toontown Subscription. Toontown SubscriptionFull access to all game features in Toontown is available two ways:
Registration and Parental Consent To create a Toontown Subscription, you must provide billing and address information and be aged 18 or older. As the Toontown Subscriber you will be responsible for all payments due under the Toontown Subscription as well as the activities of yourself and any family or household members who you permit to use your Toontown Subscription including through child passwords created under your Toontown Subscription. You must provide billing information: these may be from a valid credit, debit or charge card, a ClickandBuy customer reference number, a PayPal login email address or Wallie prepaid card deatils (please see "Payment" below). You must provide Disney with accurate, complete and updated information. You must also submit and update a correct email address and other account information. You may update your email address and other account information, including your billing arrangements, by using the online tool "My Account" available to Disney Account holders at www.toontown.co.uk. As a Toontown Subscriber you:
You may create a child password to allow others in your family or household to play Toontown. A child password allows for other users within the family or household to play Toontown but not make any changes to the subscription details such as your billing details. A child password will use the same Disney ID as your Toontown Subscription but a different password. For example: Paul Smith wishes to subscribe to Toontown and allow his daughter Samantha to play. Paul Smith will need to open a Disney Account, select a Disney ID and then create a Toontown Subscription. As the subscriber, Paul will be responsible for all use of Toontown under his Toontown Subscription. To allow Samantha Smith to play Toontown, Paul will need to create a child password under his Toontown Subscription : Disney ID with Toontown Subscription: PaulSmith_65 (this is the same as Paul's Disney ID): Disney ID password: Ex56jY3 Samantha uses Paul's Disney ID to log in: PaulSmith_65 Samantha's child password: $am$mith While Samantha will log into Toontown under the same name as her father's Toontown Subscription (in our example PaulSmith_65), Samatha will have a separate password. Through her child password Samantha will have limited access to the Toontown Subscription. Samantha will be able to play Toontown but she will not be able to view or amend her father's personal or billing details. Your offer to subscribe to Toontown When you place an order for subscription to Toontown through the Site, we will send you an "order confirmation" email confirming receipt of your order and containing the details of your order. Your order represents an offer by you to us to purchase a Toontown Subscription. Your order is accepted by us when we send an "invoice" email to the email address supplied by you, whether or not you actually receive that email. The agreement between you and us for your subscription to Toontown will therefore be made and become binding on both you and us when we accept your order by email when we send the invoice to you. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that we send the invoice email to you, whether or not you receive that email. If we have problems processing your initial payment for your Toontown Subscription offer we will advise you by email. You will not be given access to Toontown as we will not have been able to accept your offer to subscribe. You will be given the opportunity to provide an alternative means of payment. Please remember that once accepted by us, your Toontown Recurring Subscription will continue until you ask us to cancel your subscription or until your Toontown Recurring Subscription is otherwise terminated in accordance with these Toontown Terms. Unless terminating your Toontown Recurring Subscription at the end of a subscription period or in the limited circumstances permitted in these Toontown Terms, when a material change is unacceptable to you (see "Termination of your access to Toontown" below) you will be required to make all payments due for the full period of your Toontown Subscription. No refunds will be made. For example, if you have a Yearly Toontown Recurring Subscription, your subscription will automatically renew after twelve months for an additional twelve month term. If you change your mind and terminate your Toontown Recurring Subscription during a twelve month term you will not be entitled to any refund for the unexpired portion of the term. This paragraph is not intended to limit your statutory rights. Your right to use Toontown is subject to any limits established by Disney or by your credit, debit or charge card issuer or by ClickandBuy or PayPal. If payment cannot be charged to your credit, debit or charge card or your ClickandBuy or PayPal accounts, or if your charge is returned to Disney for any reason, including chargeback, Disney reserves the right to either suspend or terminate your Toontown Subscription. Price and Payment Subscription fees for your Toontown Recurring Subscription where made through your credit card, debit card or charge card will be handled on our behalf by Worldpay Limited. We use Worldpay to validate your payment online before you receive a confirmation order number. Worldpay uses software to check for fraudulent use and link to the banks for credit limits and notification of lost and stolen cards. You can learn more about these services and view Worldpay's Privacy Policy at www.worldpay.com. Alternatively, you may use ClickandBuy to pay for your Toontown Recurring subscription. Please note the ClickandBuy terms and conditions will apply. You may view these terms and conditions and find out more about ClickandBuy at www.clickandbuy.com/UK/en/. Alternatively, you may use PayPal to pay for your ToonTown Recurring subscription. Please note the PayPal terms and conditions will apply. You may view these terms and conditions and find out more about PayPal at: www.paypal.co.uk Alternatively, you may use a Wallie prepaid card to pay for your ToonTown Non-Recurring subscription. Please note that the Wallie terms and conditions will apply. You may view these terms and conditions and find out more about Wallie at: www.wallie.com The subscription fees for your Toontown Subscription are available on the Site. Disney will charge your credit, debit or charge card on the date that you created your Recurring subscription to Toontown. If you have elected to pay via ClickandBuy or PayPal you will be charged based on your preferences with ClickandBuy or PayPal. Thereafter, Disney will automatically renew and charge your Toontown Recurring Subscription as follows:
The renewal charge will be equal to or less than the original subscription price, unless we notify you otherwise by email or post at least thirty days in advance. Processing and Delivery of your Order We reserve the right, at any time prior to our communicating our acceptance to you, to refuse any order or any part of you order for subscription to Toontown, or to require further or better information to enable us to evaluate and/or process your order. We may subsequently refuse your order for a subscription to Toontown at our absolute discretion. Where this is the case, we will inform you and either not process your payment or, where we have already done so, offer you a refund or credit your credit or debit card. Beyond offering you such a refund or credit we accept no liability for our decision to refuse your subscription offer. Please note, however, that this does not affect any legal rights you may have as a consumer under English law or the consumer laws of any other jurisdiction that may apply to you. No right of cancellation (Toontown Subscription only) Because we provide services to you immediately, you are not entitled to cancel your agreement with us unless as set out within these terms. To avoid doubt, there is no trial period therefore during which you can cancel your agreement with us without charge by us or with reimbursement from us. Security of your Disney Account and Toontown membershipYou will notify Disney by e-mail at help@toontown.co.uk of any known or suspected unauthorised use of your Disney Account or Toontown membership, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You will be responsible for maintaining the confidentiality of your Toontown Subscription password including any child passwords held under your Toontown Subscription. If you have reason to believe that your Disney Account is no longer secure (for example loss, theft, or unauthorised disclosure or use of your Disney ID, password, or any credit, debit or charge card number stored under your Toontown Subscription), you must promptly change your password and notify Disney of the problem (by notice given as described in the "notice" section below). How You or We may give notice to each otherYou may give notice to Disney. Such notice will be deemed given when received by Disney at any time by e-mail at help@toontown.co.uk or by mail at Toontown Customer Services, Disney Interactive Media Group, 3 Queen Caroline Street, Hammersmith, London, W6 9PE. We may give notice to you by means of a general notice on the Site, electronic mail to your e-mail address on record in your Disney Account information, or by written communication sent by first-class mail to your address on record in your Disney Account information. Your membership is not transferableYou may not transfer your Disney Account or Toontown membership to any other person or share your usernames or passwords with any other person (except with Disney at Disney's request). You may as a subscriber update your billing and address details by using the online tool "My Account" available to Disney Account holders at www.toontown.co.uk. Where requested, we may, at our absolute discretion, permit the transfer of a Toon such as between Disney Accounts for Toontown Subscribers within the one family and only where all subscription fees are up to date. Termination of your access to ToontownThis agreement for your Toontown Subscription, as part of your Disney Account, is effective until terminated by either party in accordance with these Toontown Terms. Your right to cancel the agreement Toontown Subscriptions No refund for unused time under your Toontown subscription shall be provided by us EXCEPT where you are terminating your Toontown Subscription because material changes to the Toontown Terms or to Toontown have been made by us which are unacceptable to you (see "Changes to these Toontown Terms" and "Changes to Toontown" in Part A above) or where we have materially failed to provide Toontown in accordance with these Toontown Terms. Free Accounts You may terminate your free access at any time by stopping your use of Toontown and by complying with "Consequences of termination and your responsibilities on termination of your membership" below. Our right to cancel the agreement and your access to Toontown This paragraph sets out Disney's right to terminate our agreement with you for the use of Toontown. This paragraph should be read in conjunction with the Toontown Terms as a whole as there are references to "Termination of your access to Toontown" throughout these Toontown Terms which will help you understand the circumstances under which Disney may terminate your membership to Toontown. Disney may suspend or terminate your membership and access rights to Toontown immediately without notice if in Disney's sole discretion you breach or fail to comply with any material term or provision of the Toontown Terms, including the Members Agreement (Part C of these Toontown Terms) and End User Licence Agreement (Part D of these Toontown Terms). In the case of your Toontown Subscription, if Disney becomes aware that you are under the age of 18, Disney reserves the right to cancel your Toontown Subscription. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your membership and your Disney Account, at Disney's sole discretion, and you may be reported to appropriate law-enforcement agencies. Consequences of termination and your responsibilities on termination of your membership Cancellation or termination of your membership to Toontown will terminate our agreement with you for your access to Toontown. Upon termination of your membership, you must destroy all materials (including copies) obtained from Toontown, whether made in accordance with these Toontown Terms or not. Copyright, Use of Materials and Use of SoftwareAll materials contained in the Site are the copyrighted property of Disney Enterprises, Inc., or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, services marks and trade names are owned by us or one of the other companies within the Disney group of companies. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, and make one copy of the materials for your own backup purposes, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the Site. For the purposes of these Toontown Terms, the use of any such material on any other website or computer environment is prohibited. In the event you are permitted to download software from the Site, you have a right to use that software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") for your personal, non-commercial home use only. We do not transfer ownership of the Software to you. While you own the medium on which the Software is recorded, we (or other third parties) retain full and complete ownership of the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. DisclaimerWE WILL DO ALL WE REASONABLY CAN TO ENSURE THAT THE AVAILABILITY OF THE SITE IS NOT MATERIALLY INTERRUPTED AND THAT ANY COMMUNICATIONS WITH YOU ARE ERROR FREE. HOWEVER, DUE TO THE NATURE OF THE INTERNET AND THE SOFTWARE WHICH OPERATES TOONTOWN, WE CANNOT GUARANTEE THIS. YOUR ABILITY TO ACCESS TOONTOWN OR THE SITE MAY ALSO BE RESTRICTED FROM TIME TO TIME IN ORDER TO ALLOW US TO CARRY OUT REPAIRS OR MAINTENANCE OR THE UPGRADING OF THE SITE. WE WILL ATTEMPT TO MINIMISE THE FREQUENCY AND DURATION OF ANY SUCH RESTRICTION. THE INFORMATION AND MATERIALS CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS AND WE GIVE NO REPRESENTATION OR WARRANTY IN RESPECT OF SUCH INFORMATION AND MATERIALS. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT USE OF THE SITE IS FREE OF RISK OF VIRUSES OR OTHER DAMAGE. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. WE WARRANT THAT WE WILL PROVIDE ANY SERVICES TO YOU WITH REASONABLE SKILL AND CARE. NOTHING IN THESE TOONTOWN TERMS SHOULD BE TAKEN AS EXCLUDING OR RESTRICTING THIS WARRANTY OR ANY OTHER RIGHTS WHICH APPLICABLE LAW GRANTS TO YOU IN RESPECT OF SUCH SERVICES. Our LiabilityWE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT. IF WE BREACH THESE TERMS WE ACCEPT LIABILITY TO YOU FOR ANY LOSSES WHICH ARE A DIRECT AND REASONABLY FORESEEABLE CONSEQUENCE OF THAT BREACH. SUBJECT TO APPLICABLE LAW WE DO NOT ACCEPT LIABILITY FOR ANY LOSS WHICH IS NOT A DIRECT AND REASONABLY FORESEEABLE CONSEQUENCE OF THE RELEVANT BREACH OF THESE TOONTOWN TERMS OR WHICH IS CONSEQUENTIAL, HOWSOEVER ARISING AND EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. Events beyond our reasonable controlWe will not be held responsible for any delay or failure to comply with our obligations under these Toontown Terms if the delay or failure arises from any cause which is beyond our reasonable control. This term does not affect your statutory rights as a consumer. WaiverIf you breach these Toontown Terms and we take no action against you, we will not be considered to have given up our rights in respect of your breach and we will also still be entitled to use our rights and remedies in any other situation where you breach these Toontown Terms. Entire AgreementThese Toontown Terms shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given to us is not incorrect or fraudulent. SeverabilityIf any of these Toontown Terms is deemed invalid or unenforceable for any reason then the relevant term shall be considered to be severable from, and shall not affect the validity and enforceability of, the rest of these Toontown Terms. Third Party SitesThe Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this site or third-party content on our Site. We do not endorse any of the merchandise and nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. CONSEQUENTLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THESE OR ANY OTHER SITES LISTED IN ANY OF OUR DIRECTORIES AND CANNOT BE HELD RESPONSIBLE FOR THE CONTENT, AVAILABILITY, ACCURACY, RELEVANCE, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN THOSE SITES. We reserve the right to disable links from the third-party sites to the Site at any time. WE ALSO DO NOT MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT OR DEBIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD-PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES AND THIRD-PARTY CONTENT. WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES. PART C - TOONTOWN MEMBERS AGREEMENTThis Members Agreement forms a binding part of the Toontown Terms and applies to anyone who uses Toontown. Please read the Toontown Terms as a whole to understand all of your obligations as a member of Toontown. Toontown is a Massively Multiplayer Online Game (MMOG) and is governed by certain rules of conduct that must be adhered to by all users of Toontown. It is your responsibility to know, understand and abide by these rules of conduct. The rules outlined in this Members Agreement are not intended to be exhaustive, and Disney reserves the right to determine which conduct it considers to be outside of the spirit of the game. Disney reserves the right to modify this Members Agreement at any time as outlined under "Changes to these Toontown Terms" in Part A of the Toontown Terms. Any breach of this Members Agreement may result in Disney taking the following actions:
Disney retains the right to decline service to any user who violates the Toontown Terms (which includes this Members Agreement) or the End User License Agreement which governs the use of the software provided to you to operate Toontown on your PC. Use of SpeedChat, SpeedChat Plus and True Friends chat (Toontown Subscription Only) SpeedChat is a menu-based tool which lets Toontown players choose from pre-written phrases to form sentences. The restricted nature of SpeedChat makes it a safe and easy communication tool within the game. When using SpeedChat please show manners - repeated use of selected phrases or harassment of other players is not allowed. With SpeedChat Plus feature you can chat with other Toontown players by using words from Disney's SpeedChat Plus dictionary of approved words. This function is similar to open chat. If the words you type are not approved, the words will be highlighted in red and you will need to choose approved words before the message can be sent. If you turn off SpeedChat Plus, you will still be able to communicate with other Toontown players using the SpeedChat function. Parents and teens can always adjust their chat setting under "Chat Options" tab in the "My Account" section. Child Toontown players will need to ask their parent to set this chat option for them. When using SpeedChat Plus you may not:
Toontown includes an interactive feature we call True Friends. True Friends allows two players who know each other outside the game to chat freely within the game environment by exchanging a time-sensitive secret password referred to as a "Secret". A Secret is generated by the game and exchanged with parental permission via an external (not in-game) form of communication - two Toontown Subscription players can chat freely with one another. As the holder of a Toontown Subscription, you can decide to enable or disable True Friends chat by logging into My Account on the Site and changing the setting under "Chat Options" tab. True Friends allows one Toontown Subscription player to chat with another Toontown Subscription player only by means of a secret code that must be communicated outside of the game. True Friends may be moderated, from time to time, however we are under no obligation to you or any other person to oversee, monitor or moderate the True Friends feature. If you allow a child to use True Friends, we encourage you to supervise your child or children while they play in Toontown. You will be given the opportunity to learn more about the True Friends feature by logging into Help on the Site. Any Toontown Subscriber who themselves, or through a player who they have authorised to play under their Toontown Subscription, attempts to communicate their Secret with individuals not personally known to them, either within the game or on public forums, will be considered in breach of this Members Agreement and thereby the Toontown Terms. When using True Friends chat you may not:
Rules related to Game Play and behaviour Toontown is a multiplayer game and as such your actions within Toontown will affect the enjoyment of other players. There are many features and activities that players may enjoy within the game and it is important that you respect other players. When playing Toontown, always think how your actions will affect other players and above all, have fun! Certain behaviour and actions are considered violations of the Members Agreement including, but not necessarily limited to the following:
Rules related to Toon names Subscribers may choose their own Toon names but this requires approval by Disney. It may take up to seven days for approvals to be issued. To ensure your name is approved as quickly as possible, please review the guidelines below before deciding on and submitting a name. You may not select a name which is inappropriate or offensive. Disney reserves the right to deny any name for any reason at our discretion and all decisions are final. Discussions will not be entered into.
PART D - END USER LICENCE AGREEMENTThis End User Licence Agreement ("Agreement") relates to Disney's Toontown Online (sm) service and all related or successor services (the "Service"), the installer program and related documentation (the "Software"). The Software shall also include any upgrades, modified versions or updates of the Software. BEFORE YOU USE OR DOWNLOAD OR INSTALL THE SOFTWARE, READ THIS AGREEMENT CAREFULLY. AT THE END OF THIS AGREEMENT, YOU WILL BE ASKED TO ACCEPT THE AGREEMENT AND CONTINUE THE INSTALLATION PROCESS. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE THE SOFTWARE. The Software is owned by Disney Interactive Media Group, part of The Walt Disney Company Limited ("Disney") and its licensors and is protected by the copyright and other intellectual property laws. The structure, organisation and code of the Software are valuable trade secrets and confidential information of Disney and its licensors. This is a licence agreement and not an agreement for sale or ownership. Disney grants you free of charge, a non-exclusive, non-assignable and non-transferable licence to use the Software on your computer. Disney does not transfer ownership in the Software to you. Disney and its licensors retain ownership to the Software, and all intellectual property rights therein. You may not redistribute, sell or sub-license the Software. You may not modify, translate or create derivative works based on the Software or attempt to decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Information necessary to achieve interoperability of the Software with independently created computer programs will be provided on request on payment of Disney's reasonable costs and expenses for procuring and supplying such information. The Service, to which you will have access - on the terms contracted with Disney in the Toontown Terms as defined in the Member Agreement, is controlled and operated by Disney. This Agreement does not entitle you to have access to the Service but merely to use the Software subject to the Toontown Terms hereof. You hereby undertake to comply with the Members Agreement when accessing and using the Service. The Software must not be shipped, transferred, exported, downloaded or installed into any country or used in any manner prohibited by international import or export laws, restrictions or regulations. We will compensate you for any loss or damage you may suffer if we fail to carry out our obligations under this Agreement to a reasonable standard or breach any duties imposed on us by law (including if we cause death or personal injury by our negligence) unless that failure is attributed to:
This Agreement will terminate immediately without notice from Disney or its licensors if you fail to comply with any term herein or in any of the other Toontown Terms (as defined in the Member Agreement). You may also terminate the Agreement without notice at any time. Upon termination, you must erase the Software from all computer memories and storage devices within your possession or control. These terms and conditions constitute the entire agreement between Disney and you and supersede any other communications or advertising with respect to the Software. This Agreement is 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 this Agreement 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. For future reference you should print out a copy of this Agreement, which in any event will be automatically stored in the hard drive of your computer as the Software is being installed. We may need to amend these terms from time to time for operational reasons. Changes will be displayed on the Service. Permanent changes will only be made after not less than one month's notice. If any material changes to this Agreement are unacceptable to you, or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement. Your continued use of the Service following notice of changes to this Agreement (or any of the Toontown Terms) will be deemed to mean you accept those changes. Please note that our rights under these Toontown Terms remain in force at all times. If we do not enforce any or all of these rights for any period it does not mean that we have decided to give them up. Copyright 1991-1995 by Stichting Mathemastisch Centrum, Amsterdam, The Netherlands. MPEG Layer-3 playback supplied with the Miles Sound System from RAD Game Tools, Inc. MPEG Layer-3 audio compression technology licensed by Fraunhofer IIS and THOMSON multimedia. © Disney Enterprises, Inc. PART E - PRIVACY POLICYPlease view the privacy policy at: http://registration.disney.co.uk/uk_bu_1files/privacy_policy.html |
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