terms of use

Dated _12.10.12_

1. INTRODUCTION

Welcome to the Magical Call From Mickey Mouse Site (the "Site"). The Site is operated by Front Page Limited for and on behalf of The Walt Disney Company Limited (referred to herein as "we," "us," "our" or “Disney”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

By using the Site or by clicking a box or a link that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Site.

Note that special terms apply to some services offered on the Site, like rules for particular contests or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of content, applications, materials and information available at or through the Site, the possibility of our use of your Submissions (as defined below in Section 3, entitled “SUBMISSIONS”) and the possibility of the publicity from our use of your Submissions.

2. USING THE SITE AND CONTENT

The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

All information, materials, functions and other content and applications (including Submissions, as defined in Section 3, entitled “SUBMISSIONS”) (“Content”) contained on the Site is our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are owned by us and/or our licensors or licensees.

We may change the Site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from the Site may be used other than as part of the Site, reproduced, transmitted, distributed or otherwise exploited in any way, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer or mobile device (as applicable) for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume, automated use of the Site or transferring of any Content to any other computer or mobile device is prohibited.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in the Site or Content or any part thereof to you or any third party. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

3. SUBMISSIONS

In these terms of use, we use the word “Submissions” to mean the information required to book and facilitate a “Call From Mickey” and to enter any competition or prize draws on the Site, that you post, upload, embed, display, communicate or otherwise distribute (collectively “Distribute”) on or through the Site.

4. ACCESSING THE SITE FROM YOUR MOBILE DEVICE

To access the Site from your mobile device you must have (i) permission from the person that pays the bill, (ii) a WAP-compatible mobile device, (iii) activated the WAP facility through your network provider, and (iv) sufficient credit as a customer of a network provider.

DATA CHARGES

When you access the Site from your mobile device, your network provider's standard messaging, data and other rates and fees will apply. You should check with your network provider to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain services provided by us through your mobile device (the “Mobile Services”) may be prohibited or restricted by your network provider, and not all Mobile Services may work with all network providers or devices. You should check with your network provider to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services.

5. DISCLAIMERS

THE INFORMATION, CONTENT AND MATERIALS ON THE SITE IS PROVIDED "AS IS" AND WE GIVE NO REPRESENTATION AND WARRANTY IN RESPECT OF SUCH INFORMATION, CONTENT AND MATERIALS. IN PARTICULAR, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITE (INCLUDING, WITHOUT LIMITATION, SUBMISSIONS) ARE ACCURATE, COMPLETE OR CURRENT OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS OR ANY SOFTWARE OR OTHER DEVICE THAT MAKES SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

The Site may contain links to other sites (“Third Party Sites”) as well as articles, advertisements, photographs, text, graphics, pictures, designs, music, sound, information applications software and other content or items originating from third parties (“Third Party Content”). We explicitly disclaim any responsibility for the accuracy, completeness, appropriateness or availability of information, content and materials found on Third Party Sites or in Third Party Content. 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 the Site or third-party information, content or materials contained on the Site (including, without limitation, Submissions contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any Third-Party Site or any Third Party Content. CONSEQUENTLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE THIRD PARTY SITES OR ANY OTHER SITES LISTED IN ANY OF OUR DIRECTORIES OR ANY THIRD PARTY CONTENT AND CANNOT BE HELD RESPONSIBLE FOR THE CONTENT, AVAILABILITY, ACCURACY, RELEVANCE, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN ANY THIRD PARTY SITE OR THIRD PARTY CONTENT AND WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on the Site (including, without limitation, Submissions), on Third Party Sites or in any Third Party Content, and any information, content and materials you provide to any Third Party Sites (including, without limitation, credit card and other personal information). 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.

6. OUR LIABILITY

WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.

SUBJECT TO APPLICABLE LAW WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS’ LICENSORS OR LICENSEES, AND THEIR RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, DO NOT ACCEPT LIABILITY FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES SUFFERED BY IN CONNECTION WITH YOUR USE OF ANY SOFTWARE, APPLICATION, DEVICE OR ANY OTHER MATERIAL PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SITE, OR FOR ANY LOSS WHICH IS NOT A DIRECT AND REASONABLY FORSEEABLE CONSEQUENCE OF THE (A) USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHERE YOU USE THE SITE FOR THE MOBILE SERVICES WE ARE NOT LIABLE IN ANY WAY FOR ANY FAILURE OF THE SITE OR MOBILE SERVICES INCLUDING WHERE YOUR MOBILE DEVICE IS NOT COMPATIBLE WITH THE CONTENT YOU HAVE ORDERED, FOR ANY CONNECTIVITY FAILURE OF YOUR MOBILE DEVICE OR WHERE YOU PROVIDE AN INCORRECT DEVICE NUMBER.

WE MAY CHANGE THE SITE OR DELETE CONTENT OR FEATURES OR ANY SERVICES PROVIDED THROUGH THE SITE IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. EVENTS BEYOND OUR REASONABLE CONTROL

We will not be liable or held responsible for any delay or failure to comply with our obligations under these terms of use if the delay or failure arises from any cause which is beyond our reasonable control including, without limitation, acts by third parties such as network providers. This term does not affect your statutory rights as a consumer.

8. LAW AND JURISDICTION

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 information, content and materials on the Site (including Submissions) are appropriate or available for use in any particular location. If you choose to access the Site you do so on your own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

9. AMENDMENTS TO THESE TERMS OF USE

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time on both a temporary and permanent basis. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Site. Any such change, modification, addition, or deletion will be effective upon the earlier of seven (7) calendar days following our dispatch of an electronic notice to you or seven (7) calendar days following our posting of such notice on the Site covered by these terms of use. If you do not agree to any permanent change you may cancel your account.

Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

10. TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to the Site and any and all Disney Group sites) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.

11. PRIVACY POLICY

The Site may solicit Submissions through features or activities e.g prize draws. If we solicit and you provide personally identifiable information as part of any Submission our Privacy Policy will usually apply or such Privacy Policy as specified on the Site at the point of collection.

Please see our Privacy Policy for other information regarding the way in which we collect and store any personal information you provide to us when you use the Site.

12. GENERAL PROVISIONS

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 of use and shall not affect the validity and enforceability of any remaining provisions. If you breach these terms of use 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 terms of use.

Except where expressly provided to the contrary, these terms of use are not intended to be for the benefit of, and shall not be enforceable by, any person who is not a party to it, under any applicable laws or otherwise, except that any of our group undertakings may enforce any provision of these terms of use as if it were a party to them.

These terms of use can be accessed by you at any time at www.magicalcallfrommickey.com

If you have any queries you can write to us at:

Legal Department
Disney Interactive Media Group
3 Queen Caroline Street
London W6 9PE
United Kingdom

Helpline: 0800 444 201  |  Email: magicalcallfrommickey@disney.co.uk  |  Terms of Use  |  Privacy Policy  |  Cookies

*1 million calls available. Subject to availability. Open to over 18’s only.
**Terms and conditions apply. Closing date 31st December 2012.

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