Updated as of September 2019
LIMITED LICENSE AND RESTRICTIONS: Disney Photo Imaging, LLC (“Licensor”) hereby grants the purchaser of the Digital Media Files (as defined below) (“Licensee”) the following rights:
As to the Disney PhotoPass photos and Disney Attraction video digital files purchased by or otherwise made available to you for authorized download on www.mydisneyphotopass.com, www.disneyworld.com/photopass, the My Disney Experience app, www.disneyland.com/photopass or the Disneyland app, the photo image files and other digital content contained on any Memory Maker Archive Disc, Disney PhotoPass Archive USB or Disney Photo Gallery Disc, and photo image files and other digital content (if any) contained on the enclosed media in any Disney 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 Licensee’s personal social media accounts, (iii) display the Digital Media Files on Licensee’s personal computer, mobile device, or television and (iv) otherwise use the Digital Media Files for other similar personal, non-public, non-commercial purposes.
Licensee 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. Licensee 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 Licensor 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.
NO WARRANTIES: ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE 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 THE DIGITAL MEDIA FILES, OR OTHER PHOTO IMAGE FILES AND OTHER DIGITAL CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S ENTIRE LIABILITY SHALL BE LIMITED TO THE REFUND OF THE PURCHASE PRICE PAID.
NEITHER LICENSOR NOR ANY OF ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR THE PHOTO PRODUCTS OR ANY THIRD-PARTY PRODUCTS, SERVICES, SITE/PLATFORM OR ACTIONS.
GOVERNING LAW: This License shall be governed by the laws of the State of Florida.