GENERAL TERMS OF USE​

Magic Ahoy! Virtual Voyage Application Terms and Conditions of Use & Privacy Policy

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE APPLICATION MAGIC AHOY! A Virtual Voyage Application (hereinafter, the “App”).

1. INTRODUCTION
   
   • Welcome to the MAGIC AHOY! A Virtual Voyage App. This App is owned and managed by The Walt Disney Company Limited, a company registered in England and Wales (with its registered office at 3 Queen Caroline Street, Hammersmith, London W6 9PE, United Kingdom (registration number 00530051; VAT number 539293808) (hereinafter referred to as “Disney”, “our Company”, or “we/us”).
   • PLEASE BE ADVISED THAT USE OF THIS APP IS NOT FOR PERSONAL USE, BUT FOR AUTHORISED BUSINESS USE ONLY. By downloading and using this App, you hereby agree to these terms and conditions for use, or as modified from time to time by Disney in its sole discretion (the “Terms and Conditions”). Without limiting the foregoing, there may be additional guidelines, templates, notices and/or restrictions included on or with the materials on this App and as such shall be deemed incorporated into these Terms and Conditions. Your assent to these Terms and Conditions will provide permission to use the App and materials contained within the App, subject to these Terms and Conditions. In the event that you do not agree to be bound by these Terms and Conditions, you are not entitled to access or use this App or the materials and you must exit this App immediately.
   • Disney reserves the right, at its discretion, to change, modify, add, or remove the App or portions of the App or any Disney Assets (as defined below) or these Terms and Conditions and other content on this App at any time without notice. Please check these Terms and Conditions periodically for changes. Your continued use of this App following the posting of changes to these terms will mean you accept those changes.
2. ACCESS AND USE OF THE APP
   
   • Access to this App and use of the materials contained herein is restricted to Disney, and its parent and related and subsidiary companies (individually a “Related Company” and collectively “Related Companies”) and its and their employees and Authorised Licensees. An Authorised Licensee is a person or entity who (i) has fully executed a written agreement with Disney or a Related Company which allows such person or entity to use certain Disney materials for purposes of engaging in promoting, advertising, marketing and/or selling product related to Disney or a Related Company, and provided such agreement remains in effect at all times during which such person or entity accesses the app, or (ii) such other persons or entities authorized in writing by Disney (including pursuant to a person or entities agreement to these Terms and Conditions of Use), and has been granted access the App by Disney. The terms and conditions set forth herein apply to the use of this App and are in addition to and incorporated in any agreement with an Authorised Licensee. Notwithstanding the foregoing, except as may be expressly stated to the contrary in these Terms and Conditions, the availability and use of this App in no way alters the terms of any other agreement with an Authorised Licensee and the terms of such agreements shall take priority over these Terms and Conditions.
3. RESPONSIBILITY FOR YOUR APP
   
   • You are responsible for maintaining the confidentiality of your username(s), password(s), and your APP login details, as well as all activities that occur under your login, including any commercial information available on the App. You hereby agree to indemnify, defend, and hold Disney, our group companies, and our and our group undertakings’ licensors, licensees, distributors, agents, representatives and other authorised users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, claims, penalties, fines, expenses and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by any Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the App. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
   • You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or another person’s name, likeness, voice, image or photograph, where our registration process requires such information. You acknowledge and agree that we may take steps to verify the accuracy of information you provide. Without prejudice to our other rights, we may suspend or terminate your account and your ability to use the App or portion thereof for impersonating any person or entity of otherwise misrepresenting your identity, for otherwise failing to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
   • You are responsible for configuring your information technology, computer programmes and platform to use the App. You should use your own virus protection software. You must not misuse the App or our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
4. RESTRICTIONS ON USE OF MATERIAL
   
   • Disney is the chief editor. No material originating from the App which are owned, managed, granted or controlled by Disney may be copied, reproduced, republished, downloaded, posted, transmitted or distributed by any means whatsoever, except otherwise expressly stated by Disney.
   • All pages of this App and its components including without limitation, images, logos, line art, copy, ads, text, guidelines, notices, templates, forms, information and other properties (“Disney Assets”) are our copyrighted property or the copyrighted property of Disney or its licensors. All trademarks, service marks, trade names, and trade dress are owned by Disney and/or their licensors. All Disney Assets contained within this App is proprietary information of Disney or its licensors and are confidential. 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 App or Disney Assets 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.
   • Use of the Disney Assets is strictly limited (i) to the use and purpose which is expressly specified in any applicable agreement, (ii) for the purpose of engaging in promoting, advertising, marketing and for selling Disney or Related Company Product, or (iii) as otherwise expressly specified in writing by Disney.
5. SUBMITTING IDEAS
   
   • As per the policy of The Walt Disney Co. group, we are unable to accept or examine any creative idea, suggestion or document other than those solicited by the company itself. You understand that any suggestions, ideas, comments, drawings or other documents of a creative nature (hereinafter referred to collectively as the “Information”) which are addressed to Disney, in spite of the latter’s request to the contrary, will lawfully become the property of Disney, including all worldwide rights of use, reproduction, representation and adaptation on any media for promotional or commercial purposes, and that no compensation will be paid under this heading. None of the Information shall give rise to any obligation of confidentiality on the part of Disney, and our company shall under no circumstances be held liable for the use or disclosure of such Information.
6. INTELLECTUAL PROPERTY
   
   • Trademarks, logos and drawings on the App are the property of Disney Enterprises, Inc. Their disclosure shall in no way be construed as granting you a license or right to use said trademarks and distinguishing elements protected by copyright. Any such use would constitute an infringement.
7. SCOPE OF OBLIGATIONS OF DISNEY
   
   • All the information accessible on the App are provided “as is”. The sole purpose of the documents on the App is to provide information and present the activities of Disney to extend Travel Agents and other Tourism Professionals training to improve their knowledge of products and services proposed by Disney. Disney cannot provide any express or implicit guarantee as to the content thereof.
8. DISCLAIMER AND LIMITATION OF LIABILITY
   
   • This App and the Disney Assets are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Disney disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. Disney does not warrant that the operation of the App or the availability of the Disney Assets will be uninterrupted or error-free, that defects will be corrected, or that this App or the server that makes it available are free of viruses or other harmful components. Disney does not warrant or make any representations regarding the use or the results of the use of the App or the Disney Assets in this App in terms of their correctness, accuracy, reliability, or otherwise. You (and not Disney) assume the entire cost of all necessary servicing, repair, or correction. Under no circumstances, including, but not limited to, negligence, shall Disney be liable for any direct, indirect, special or consequential damages (including but not limited to loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage)that result from the use of, or the inability to use the App or the Disney Assets in this App, even if Disney or a Disney authorized representative has been advised of the possibility of such damages or your proposed use.
   • You are entirely responsible for the use of the information made available to you. You undertake not to transmit on the App any information which may involve civil or criminal liability and you agree not to disclose any information that is illegal, inaccurate, contrary to public policy or defamatory via the App. Disney shall not be held liable for any direct or indirect damage arising from the use of the App or the inability to use the App. In particular, Disney does not give any guarantee, whether express or implicit, and, in particular, disclaims any warranties regarding the availability and conformity of the functions of the App or the ability of the App to meet the user’s requirements or expectations. Disney does not guarantee that the features of the App will be provided without any interruptions or errors or that the faults will be corrected or that the App or the server making them available are free from viruses or other dangerous elements. The full cost of repair or correction services will fall upon you (and not Disney). No information with a hypertext link to websites other than those operated by Disney is under the control of Disney, which shall therefore not be held liable for the content thereof.
   • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
   • The App 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.
   • You shall defend (at Disney’s request and with counsel acceptable to Disney) and indemnify and hold harmless Disney and its Related Companies and their officers, directors, agents, employees and assigns of each against any and all losses, liabilities, claims, suits, judgments, costs and expenses arising out of or relating to (i) your failure to comply with these Terms and Conditions or (ii) any inaccuracy or breach of any representation or warranty or (iii) the inclusion of any Disney Assets in any advertising and/or promotional materials by you.
   • You acknowledge that notwithstanding any approval by Disney of the use of Disney Assets in your Promotional Materials, you are solely responsible for ensuring that all such Promotional Materials accurately and adequately describe the product or service and that all such Promotional Materials comply with all laws, regulations and rules.
9. 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 App and requesting us to terminate the registered account.
10. 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.
    • We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions 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. If you do not agree to any permanent change you delete the App.
11. 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) 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.
12. PRIVACY POLICY
    
    • Your personal data, including your professional contact details, user account information and App activity data, will be used by the Walt Disney Company Limited to provide you with the App and its related features, in accordance with the applicable data protection law and our UK & EU Privacy Rights and Privacy Policy. For more information and how we handle your personal data, you can contact us at dataprotection@disney.co.uk.

LAST UPDATED: 4 May 2022

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