PURPOSE
Welcome to the www.Disneypinventory.com (hereinafter the "Disney Pinventory Website"), a website owned and operated by Disney Pinventory.
Disney Pinventory is intended to serve as the principal source and tool for the sharing, maintaining, and inventorying information related to trading and collecting Disney Pins.
As a preliminary advisory, Disney Pinventory reminds Users should be cautious when engaging in pin trading over the Internet. Disney Pinventory is simply a facilitator and resource for Disney Pin Trading, and shall not be held liable for incomplete, fraudulent or troublesome arrangements between Users.
DISCLAIMER: Disney Pinventory is in no way owned, approved, or operated by the Walt Disney Company, or organization owner or operated by Walt Disney Company. All art or pictures featuring the likeness of Disney characters, figures, property or logos are the property of the Walt Disney Company. This is a personal website for entertainment and/or archival purposes and used as an online tool and resource for pin trading only.
TERMS OF SERVICE
The terms and conditions stated below, along with the guidelines and policies located throughout the Disney Pinventory, identify what all users of the Disney Pinventory (hereinafter "Users") can expect from Disney Pinventory, and any services provided by Disney Pinventory, and what Disney Pinventory expects from its Users.
By visiting any area of the Disney Pinventory Website, including but not limited to generally browsing, creating an account, joining the interactive community, engaging in or using the services provided by Disney Pinventory's Website in any way, downloading content, posting reviews, uploading pictures, completing descriptions, creating a profile, or otherwise joining, viewing, visiting or contributing to the Disney Pinventory Website forums or interactive features (hereinafter loosely referred to as "Services"), Users are deemed to have reviewed and accepted the Terms of Service. If you do not agree to be bound by these Terms of Service and follow all applicable rules set forth by Disney Pinventory, or applicable laws, you should leave the Disney Pinventory Website immediately.
I. LICENSES AND RESTRICTIONS
Disney Pinventory grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Disney Pinventory or has otherwise been granted such authority, in writing) of the contents of the Disney Pinventory Website. Additional terms and conditions apply to User Created Content, as that term is defined in Section VIII, below. Disney Pinventory further grants the User a limited, nonexclusive and revocable right to create hyperlinks to the Disney Pinventory, so long as the hyperlink does not portray Disney Pinventory, Services, Users, or affiliates in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
• Make modifications in excess of the amount permitted by the access and restrictions set forth within the structure of Disney Pinventory's Website.
• Reproduce, Copy or Resell the Content, Services or any portion or derivative of Disney Pinventory.
• Commercial use of Disney Pinventory's Website, the Content, Services or any portion or derivative of Disney Pinventory.
• Copy or Download and User's account or profile information for the personal or commercial benefit, or the benefit of a third party, outside the intended use and purpose of the profile information.
• Use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Disney Pinventory or its systems, the Content, Services, or any portion derivative thereof for any purposes.
• Interfere or attempt to interfere with the proper working of Disney Pinventory's Website.
• Bypass any measures used by Disney Pinventory to prevent or restrict access to any portion of the Disney Pinventory Website, the Content, Services, or any portion derivative thereof.
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Disney Pinventory.
• Use of Disney Pinventory's name, trademarks, services marks or logos in any meta tags or any other "hidden text" or compile, repackage, disseminate or otherwise use data extracted from the Disney Pinventory Website.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Disney Pinventory's express written consent (which may include a written agreement signed by an authorized representative of Disney Pinventory). Any unauthorized use of the Disney Pinventory Website, the Content, Services, User contributed content, or any portion derivative thereof, for any purpose outside the intended purpose of the Disney Pinventory, shall terminate any license or permission granted by Disney Pinventory.
II. TRADEMARKS & COPYRIGHTS
Disney Pinventory owns the trademarks, copyrights, or service marks that are used on the Disney Pinventory Website. All rights are reserved. These and other graphics, logos, service marks, trademarks, copyrights, or alterations thereof may not be used without prior written consent of Disney Pinventory. Without limiting the foregoing, no Disney Pinventory trademark, copyright or service marks may be used in connection with any product or service that is not Disney Pinventory's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Disney Pinventory.
III. CONTENT
Proprietary Rights
User acknowledges that Disney Pinventory contains Content that is protected by copyrights, trademarks, trade secrets, service marks or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existed now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. Copyright Laws, and Disney Pinventory owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Disney Pinventory Website. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit such Content, in whole or in part.
If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that the User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. Copyright Laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.
In addition to the foregoing, use of any software, database, organization, numerical or chronological delineation, or descriptive language shall be governed by these terms.
Third-Party Content
Disney Pinventory is a publisher and not a distributer of Content supplied by third parties and Users. However, Disney Pinventory does not have exclusive control to the Content generated on Disney Pinventory's Website. Disney Pinventory is not obligated to review Content, including User Created Content, as that term is defined in Section VIII, below. Nonetheless, Disney Pinventory will make every effort to administer, moderate and maintain editorial control over all Content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, are the expressions and opinions of the respective authors and not of Disney Pinventory or the Disney Pinventory Website provider, unless expressly stated otherwise.
Neither Disney Pinventory nor any Disney Pinventory Website Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any User Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Disney Pinventory Website represents the opinions and judgments of the User that provides such Content. Under no circumstance shall either Disney Pinventory or any Disney Pinventory Website provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Disney Pinventory Website. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Disney Pinventory Website.
IV. AGE RESTRICTIONS
Disney Pinventory's Content, Services, and portions derivative thereof are directed towards adults. Any User under the legal age of 18 years shall have the consent of a capable adult. Individuals under the legal age of 18 years (hereinafter "Minors") are not permitted to use Disney Pinventory's Website without the supervision of a parent or legal guardian. Furthermore, Disney Pinventory does not knowingly collect or solicit personal information from Minors, or knowingly allow such Minors to register for an online account or to post personal information on the Disney Pinventory Website. Should Disney Pinventory learn that a Minor has provided any personal information to or on any of the Disney Pinventory Website, Disney Pinventory will remove that information as soon as possible.
V. TERMINATION OF USAGE
Disney Pinventory has complete and sole discretion, and may issue a warning, temporarily suspend, indefinitely suspend or terminate and User's right to use or access all or any part of the Disney Pinventory Website including any account thereon, without notice, for any reason, including without limitation violation of the Terms of Service, Disney Pinventory's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to Disney Pinventory, the Disney Pinventory Website, the Disney Pinventory Website provider, or any User.
In certain cases, in Disney Pinventory's sole discretion, Disney Pinventory may provide written notice (a 'Restriction Notice') to a User (a 'Restricted User') to inform such Restricted User that (i) his or her right to use or access any part of the Disney Pinventory Website has been terminated including the right to use, access or create any account thereon; (ii) that Disney Pinventory refuses to provide any services to such Restricted User; or (iii) any other notification restricting, suspending or terminating any and all rights to the Content or Services as Disney Pinventory may deem necessary. Other conditions may apply and shall be set forth in the Restriction Notice.
VI. INDEMNITY
User agrees to indemnify and hold Disney Pinventory and each Disney Pinventory's Website provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Disney Pinventory Website, the Disney Pinventory Content or Services, breach of the Terms of Service or User's violation of any law or the rights of a third party.
VII. PASSWORD AND ACCOUNT SECURITY
Any User that has an account on the Disney Pinventory Website is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Disney Pinventory account using an old e-mail address, such User will not receive messages from Disney Pinventory about his or her account and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's Disney Pinventory account or within the Disney Pinventory Website interactive community.
VIII. INTERACTIVE COMMUNITY
The Disney Pinventory Website offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ('Interactive Community'). This Section VIII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ('Interactive Community Users'). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the Disney Pinventory Website, create an account, create a profile, upload a picture, post a description, create a group, engage in the Interactive Community, submit any User Created Content, or otherwise participate in any interactive feature.
Interactive Community services may be used only for lawful purposes in accordance with these Terms of Service. If you are using any Disney Pinventory's Website Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ('User Created Content'). Users are prohibited from posting on or transmitting through the Disney Pinventory Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Disney Pinventory reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by User, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Disney Pinventory reserves the right, in its sole discretion, to remove User's profile and/or deny, restrict, suspend, or terminate User's access to all or any part of the Interactive Community services for any reason.
If User becomes aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, User shall communicate such concern to any and all assigned moderators or administrators.
Notwithstanding the foregoing, Disney Pinventory assumes no responsibility for ongoing monitoring of the Disney Pinventory Website or for removal or editing of any User Created Content, even after receiving notice. Disney Pinventory assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
Users may not post User Created Content that: involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing, instant messaging, 'spimming,' or 'spamming'; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Disney Pinventory Website; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banners or advertisements on your personal profile page; involves any automated use of the Disney Pinventory Website, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Disney Pinventory Website or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Disney Pinventory Website in order to harass, abuse, or harm another person or entity, or attempting to do the same.
Interactive Community Users may upload to or otherwise submit to Disney Pinventory for publishing on the Disney Pinventory Website only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Disney Pinventory to publish over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as 'Copyright, owned by [name of owner]; used by permission.' Disney Pinventory is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Disney Pinventory assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Disney Pinventory, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Disney Pinventory retains any and all rights which may exist in such User Created Content.
IX. NOTICES
User consents to receive electronic communications from Disney Pinventory, whether addressed to the e-mail address associated with such User's Disney Pinventory account or posted on the Disney Pinventory Website. User acknowledges and agrees that any communication via e-mail or by postings on the Disney Pinventory Website satisfies any legal requirement that such communications be made in writing.
X. DISCLAIMERS AND LIMITATION OF LIABILITY
Disney Pinventory is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Disney Pinventory Website, whether caused by Users of the Disney Pinventory or by any of the equipment or programming associated with or utilized in the Disney Pinventory Website.
Content, including User Created Content, does not necessarily reflect the opinions or policies of Disney Pinventory. Profiles and third party applications created and posted by Users on the Disney Pinventory Website may contain links to other websites. Disney Pinventory is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Disney Pinventory. Inclusion of any linked website on the Disney Pinventory Website does not imply approval or endorsement of the linked website by Disney Pinventory. When you access these third party sites, you do so at your own risk. Disney Pinventory takes no responsibility for third party advertisements or third party applications that are posted on or through the Disney Pinventory Website, nor does it take any responsibility for the goods or services provided by its advertisers. Disney Pinventory is not responsible for the conduct, whether online or offline, of any User of the Disney Pinventory Website. Disney Pinventory assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Disney Pinventory is not responsible for any problems or technical malfunction of the Disney Pinventory Website, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Disney Pinventory Website. Under no circumstances shall Disney Pinventory be responsible for any loss or damage, including personal injury or death, resulting from use of the Disney Pinventory Website, from any Content or Services, including User Created Content, posted on or through the Disney Pinventory Website, or from the conduct of any Users of the Disney Pinventory Website, whether online or offline.
The Disney Pinventory Website is provided by Disney Pinventory on an 'as is' and 'as available' basis. To the fullest extent permissible by applicable law, each Disney Pinventory's Website provider disclaims all implied warranties, including but not limited to, implied warranties of fitness for a particular purpose.
Without limiting the foregoing, neither Disney Pinventory nor any Disney Pinventory's Website Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Disney Pinventory Website, or the information, Services, Content, including User Created Content, and materials or products included thereon; (ii) that the Disney Pinventory Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Created Content, or service; or (iv) that the Disney Pinventory Website, its servers, Content, including User Created Content, or e-mails sent from or on behalf of Disney Pinventory are free of viruses, scripts, trojan horses, worms or other harmful components.
Disney Pinventory does not guarantee the continuous, uninterrupted or secure access to the Disney Pinventory Website, or any related services. The operation of the Disney Pinventory Website may be interfered with by numerous factors outside the control of Disney Pinventory.
Under no circumstances shall Disney Pinventory or any Disney Pinventory Website providers be liable for any damages that result from the use of or inability to use the Disney Pinventory Website, including but not limited to reliance by a User on any information obtained from the Disney Pinventory Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Disney Pinventory 's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including User Created Content, and services available through the Disney Pinventory Website.
Neither Disney Pinventory nor any Disney Pinventory Website providers will be liable for any indirect, incidental, special or consequential damages arising from the use of the Disney Pinventory Website, or the download of any Content, even if Disney Pinventory or any Disney Pinventory Website providers have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XI. SEVERABILITY
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Disney Pinventory to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
XII. APPLICABLE LAW; JURISDICTION
The Disney Pinventory Website is created and controlled by Disney Pinventory in the State of Colorado. The laws of the State of Colorado will govern the Terms of Service, without giving effect to any principles of conflicts of laws.
Each of Disney Pinventory and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Boulder County, Colorado and waives any objection to the laying of venue of any litigation in said courts.
XIII. DISPUTE RESOLUTION
Any claim or controversy at law or equity that arises out of the Terms of Service, the Disney Pinventory Website or any Disney Pinventory Service (each a 'Claim'), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association and subject to the customary Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Alternatively, at Disney Pinventory's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Boulder County, Colorado.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
Users are solely responsible for their interactions with other Users. Disney Pinventory reserves the right, but has no obligation, to become involved in any way with disputes between Users.
Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Service. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Service.
XIV. ADDITIONAL TERMS AND CONDITIONS
Any and all additional policies and guidelines located throughout the Disney Pinventory Website are hereby incorporated into the Terms of Service.
XV. ACKNOWLEDGMENT
The Terms of Service, including all documents, policies and guidelines referenced herein, represents the entire understanding between User and Disney Pinventory regarding User's relationship with Disney Pinventory and supersedes any prior statements or representations. Headings used in the Terms of Service are for reference only and shall not affect the meaning of any terms. 'Including' means 'including, without limitation.'
XVI. MODIFICATION
Disney Pinventory reserves the right to make changes to the Disney Pinventory Website, posted policies and guidelines, and Terms of Service at any time without notice or liability.
These terms were last revised on July 6th, 2014.