20. ESPN.com

ESPN

Like Twitter, this site probably has more information on me than just about any other. So goes the bargain these days for self-curated content and a passion for sports. ESPN consumers benefit by being under the Disney umbrella because the terms are fairly user friendly on the web, especially the privacy section. Disney provides you a landing page with links to specific sections of the terms and links to the full version  if you want to read in full. The landing page has some icons for Disney family members but you have to go further to see a full list. In fact, while I was compiling the full terms I had 4 tabs (Terms, Privacy, Definitions, CA Privacy Rights) open in a browser, not counting the actual page I wanted to view. This is the effect of linking to separate provisions that are material to the overall agreement, no matter how clearly they may be presented separately. 

Representations, Warranties, & Limitation on Liability

 

 "THE DISNEY SERVICES ARE 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 TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE."

Indemnification

 

"You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms.  You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content.  You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights."

Key Definitions

  • "Aggregate information"- Aggregate information means information about groups or categories of guests, which does not identify and cannot reasonably be used to identify an individual guest.

  • "Personal information"- Personal information means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, email address and telephone number. When anonymous information is directly or indirectly associated with personal information, this anonymous information also is treated as personal information.

  • Full List

Sharing Agreements

 

We will not share your personal information outside The Walt Disney Family of Companies except in limited circumstances, including:

  • When you allow us to share your personal information with another company, such as:

  • Electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services

  • Directing us to share your personal information with third-party sites or platforms, such as social networking sites

  • Please note that once we share your personal information with another company, the information received by the other company becomes subject to the other company’s privacy practices.

  • When we cooperate with financial institutions to offer co-branded products or services to you, such as our co-branded Disney Rewards Visa Card; however, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services

  • When companies perform services on our behalf, like package delivery and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law

  • When we share personal information with third parties in connection with the sale of a business, to enforce our Terms of Use or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process or in other cases if we believe in good faith that disclosure is required by law

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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.