LIMITED LICENSE AND RESTRICTIONS: In consideration of the purchase price paid by the buyer (“Buyer”) to Disney Photo Imaging LLC (“Seller”), Seller hereby grants Buyer the following:
As to the Disney PhotoPass photo and Disney Attraction video digital files purchased by or otherwise made available to you for authorized download on www.mydisneyphotopass.com, the My Disney Experience app, www.disneyland.com/photopass or the Disneyland app, the photo image files contained on Disney Photo Gallery Discs and photo image files and other digital content (if any) contained on the enclosed media in any PhotoPass product (e.g. DVD-R disc, USB flash drive or other similar media), as applicable (“Digital Media Files”): a worldwide, perpetual, royalty free, limited license solely for personal, non-commercial use to (i) create or have created by a third party, photographic prints and photographic products wherein an image is incorporated into a product (e.g. mug, calendar, photo book, mouse pad, t-shirt, magnet, ornament, cards, tote bag, etc.) (“Photo Products”), (ii) post the Digital Media Files on Buyer’s personal social media accounts, (iii) display the Digital Media Files on Buyer’s personal computer, mobile device, or television or (iv) otherwise use the Digital Media Files for other similar personal, non-public, non-commercial purposes.
Buyer agrees that he/she will not (and will not permit another person or entity to) sell, transfer, or use in any commercial manner (i.e. for the purpose of receiving or facilitating the receipt of financial remuneration or any other consideration), the Digital Media Files and/or Photo Products. Buyer acknowledges and agrees that he/she receives no rights or ownership interest of any type in or with respect to any intellectual property owned by Seller and its affiliates, or any third party, displayed in or as part of any Digital Media Files or Photo Products and that all such rights remain the property of their respective owners.
LIMITED WARRANTY: Seller warrants to Buyer that the products sold will be free from defects in workmanship and materials under normal use, for ninety days from the original purchase date. This warranty is not transferable from the original Buyer to any other person. This warranty excludes damages caused by mishandling, misuse, neglect or any other cause beyond the range of the intended use and damage caused by accident, fire, or acts of God.
EXCLUSIVE REMEDY: Should a covered defect occur during the warranty period and Buyer notifies Seller, Buyer’s sole and exclusive remedy shall be to receive a refund of the purchase price of the purchased product.
WARRANTIES EXCLUSIVE: THE FORGOING WARRANTY AND REMEDY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY: SELLER SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNATIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THIS PHOTO FILE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S ENTIRE LIABILITY SHALL BE LIMITED TO THE REFUND OF THE PURCHASE PRICE PAID.
GOVERNING LAW: This License shall be governed by the laws of the State of Florida.