Last Updated: December 7, 2015
CONTRACT BETWEEN YOU AND US
This is a contract between you and Disney Research located at 500 South Buena Vista Street, Burbank, California 91521, USA. You must read and agree to these terms before accessing and using the Disney Research Data. If you do not agree, you may not use the Disney Research Data. These terms describe the limited basis on which the Disney Research Data is licensed and made available to you and supersede prior agreements or arrangements.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Disney Research website. If you do not agree to any change to these terms, you must discontinue using the Disney Research Data. Our researchers or representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your license and access to the Disney Research Data) if you fail to comply with any provision of these terms.
THE DISNEY RESEARCH DATA
The Disney Research Data is provided only for noncommercial use by a researcher, research lab or research group, and may only be used for informational, scientific and research purposes. You may not distribute or transfer the Disney Research Data to other persons or entities outside of your organization, you may not place the Disney Research Data on the internet, and you may not use the Disney Research Data for any commercial purposes.
The Disney Research Data is our copyrighted and/or patented property or the copyrighted and/or patented property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Disney Research Data are owned by us or our licensors or licensees. We do not transfer title to any portion of the Disney Research Data to you.
Disney Research Data License
We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Disney Research Data and any included software, content (such as videos, images, audio files, sound, music, models, rigs, animations, characters), virtual item or other material. This limited license is for noncommercial use only for informational, scientific and research purposes. No license or right is granted to any patents, copyrights, trade secrets or other intellectual property rights, expressly or by implication, estoppel, statute or otherwise. Certain content that may be included with the Disney Research Data may have additional terms and restrictions and those additional terms shall also govern your use of such content, and in the event of a conflict those additional terms shall prevail over these terms.
You may copy the Disney Research Data for backup purposes and you may share the Disney Research Data with your researchers, research lab or research group, subject to these terms. You agree that you are responsible for use of the Disney Research Data by your researchers, research labs or research groups and you are responsible for their compliance with these terms.
You may not: (a) circumvent or disable any content protection system or digital rights management technology used with any Disney Research Data; (b) decompile, reverse engineer or disassemble any software included with Disney Research Data; (c) remove identification, copyright, license or other proprietary notices from any Disney Research Data; or (d) access or use any Disney Research Data in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Disney Research Data in violation of United States export control and economic sanctions requirements. You represent and warrant that your access to and use of the Disney Research Data will comply with those requirements.
Disclaimers and Limitation on Liability
THE DISNEY RESEARCH DATA 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 FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Changes to the Disney Research Data and Additional Restrictions
The Disney Research Data may be available only for limited periods of time and may be removed, replaced, changed or updated at any time at our sole discretion and with or without notice to you.
You agree that you will not tamper with, impair or damage any Disney Research Data or Disney Research website and you may not use any robots, spiders, scrapers or other automated means or software or device that allows unauthorized access or manipulation of the Disney Research Data or Disney Research websites.
Third-Party Services, Content and Mobile Devices/Mobile Networks
You agree that you are responsible for all costs and usage terms that apply to any third-party services and content and to your accessing, downloading and using Disney Research Data using any mobile device or mobile network.
YOUR ACCOUNT AND YOUR CONTENT
Accounts to Access Disney Research Data
To access and download Disney Research Data, you must be a registered user of the Disney Research Data and you must have an active account with current contact information. No purchase or payment is required for you to be a registered user. Access, downloading and use of Disney Research Data is void where prohibited or restricted by law.
You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any school, university, research organization, person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details. If you are under age 18 (or the age of majority under applicable law), we may need your parent or guardian’s consent before we can accept your application to be a registered user of the Disney Research Data. We reserve the right to request proof of identity or to verify eligibility and any required school, university or research affiliations.
We may suspend or terminate your account and your ability to use the Disney Research Data if you engage in, encourage or advocate for copyright infringement or any illegal conduct, or if you or your researchers, research lab or research group fail to comply with these terms or any additional terms or supplemental terms.
Passwords and Security
You are responsible for keeping your username and password confidential, and you are responsible for all activities and use of the Disney Research Data under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Disney Research Data.
Attribution and Copyright Notices
You may not remove any copyright notices from the Disney Research Data and you must include an acknowledgement of Disney Research in all papers or publications using Disney Research Data.
You shall include the following attribution and copyright notice in all papers or publications using Disney Research Data and in all copies of Disney Research Data:
“Utilizes content, data and technology licensed from Disney Research. © Disney”
You may submit questions, comments, corrections, recommendations or other communications pertaining to the Disney Research Data (“User Feedback“). Please send any User Feedback to the Disney Research email link on the Disney Research website. Any User Feedback which you may submit to the Disney Research website shall be the sole property of Disney Research without further consideration or compensation and you hereby irrevocably assign to Disney Research all rights worldwide in and to the User Feedback. You acknowledge that Disney Research shall have the right (but not the obligation) to use and exploit such User Feedback in any manner determined by Disney Research in its sole discretion.
International Access or Downloads; Export, Import and Customs
When accessing or downloading Disney Research Data from or to countries other than the United States of America, you are subject to all applicable import and export laws and regulations and you may have to pay import or customs duties and taxes levied and any additional charges. You are responsible for assuring the Disney Research Data can be lawfully downloaded and imported to the destination country. When accessing or downloading Disney Research Data, you are the importer of record and you must comply with all laws and regulations of the destination country where you access and download any Disney Research Data.
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.
No Use of Disney Name; No Promotion
Except for the attribution and copyright notices that are specified in this contract and are required for your use of the Disney Research Data, this contract does not give you any right to use, and you shall not use, the names “Disney”, “Disney Research”, “Pixar”, “ABC”, “ESPN”, “Marvel” or “Lucasfilm” (either alone or in conjunction with or as a part of any other word or name) or any fanciful characters or designs of The Walt Disney Company or any of its related, affiliated or subsidiary companies: (i) in any advertising, publicity, promotion; (ii) nor to express or to imply any endorsement or sponsorship of your research, products or services; (iii) nor to use any of said names, characters, or designs in any other manner (whether or not similar to uses prohibited by (i) and (ii) above). You may not use your own trademark or any third-party trademark on the Disney Research Data in connection with any use, exhibition or display of the Disney Research Data.
You may not use the Disney Research Data in any way that is derogatory to or critical of any film, material, motion picture or other audio or audiovisual work owned, produced or distributed by The Walt Disney Company or any of its related, affiliated or subsidiary companies. Any breach of this section will render this license and this contract null and void and Disney Research shall be entitled to seek any remedy available. The provisions of this “No Use of Disney Name; No Promotion” section shall survive expiration or termination of your license and this contract.
Disputes and Class Action Waiver
In the event of a dispute, you or Disney Research must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Disney Research, 1401 Flower Street, Glendale, California 91201 USA, Attention: Deputy Chief Counsel-Imagineering. We will send any notice of dispute to you at the contact information we have for you. You and Disney Research will attempt to resolve a dispute through informal negotiation, or if applicable, in small claims court, within sixty (60) days from the date the notice of dispute is sent.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Disney Research will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding can be combined with another without the prior written consent of all parties to the proceeding.
Choice of Law and Forum
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. You agree that any action at law or in equity arising out of or relating to these terms, the Disney Research Data or the User Feedback 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.
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.