Terms and Conditions / EULA
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms on the Club Penguin: Classic website periodically for changes. Your continued use of Club Penguin: Classic following the posting of changes to these terms will mean you accept those changes.
Note: Some times Club Penguin: Classic may be mentioned in an instance where it should really be Club Penguin - this would be our mistake. If you're not sure if we mean Club Penguin: Classic or Club Penguin, let us know as we are the ones to do so (you accept this by using Club Penguin: Classic). Also contact us if you spot any errors.
All software, documentation, and any content accessed through the software you are about to use on Club Penguin: Classic (collectively, "The Software") are protected by Canadian and international laws, including copyright laws and treaties. Walt Disney Online Studios., their affiliates and any subsidiary companies, and their licensors (collectively, "Walt Disney Online Studios.", "we", "us", or "our") own all right, title and interest to The Software.
2. Title Not Transferred
These terms do not transfer title to The Software to you. The rights granted herein are limited to certain of Walt Disney Online Studios. and its licensor’s rights and do not include any other patents or other intellectual property rights. Walt Disney Online Studios. and its licensors retain full and complete title to The Software and all intellectual property rights therein.
3. License and Restrictions
Walt Disney Online Studios. hereby grants you a non-exclusive license use of The Software on the Club Penguin: Classic website for personal, non-commercial use only. Walt Disney Online Studios. may configure The Software with certain tags that identify the version of The Software being used, which permit Walt Disney Online Studios. to update this version without further notice to you. Walt Disney Online Studios. shall have the right to poll your user account for the purpose of adding updated versions of The Software or to delete such versions automatically.
You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy The Software; b) modify, translate or create derivative works based on The Software; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Software to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software that incorporates The Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that The Software is not intended for use in connection with any high risk or strict liability activity and Walt Disney Online Studios. makes no warranty and shall have no liability in connection with the use of The Software in any such situations.
4. No Warranty
THE SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Walt Disney Online Studios. DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Club Penguin: Classic SITE OR THE OTHER SITES OF Walt Disney Online Studios. (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH THE SOFTWARE IS ACCESSED FROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Walt Disney Online Studios. OR Club Penguin: Classic OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
We operate from Canadian offices. We make no representation that The Software is appropriate or available for use in any particular location. Those who choose to use The Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of The Software and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by Walt Disney Online Studios. You may terminate these terms at any time by discontinuing use of The Software, and canceling your user account.
9. Export Law Assurances
You agree not to use or otherwise export or re-export The Software except as authorized by Canadian law and the laws of the jurisdiction in which The Software was obtained. Without limited the foregoing, The Software may not be exported or re-exported (a) into (or to a national resident of) any Canadian and U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the Canadian or U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using The Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
10. Use of User Submitted Materials
By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Walt Disney Online Studios. a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
12. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the province or courts located in Kelowna, British Columbia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.