AGREEMENT BETWEEN USER AND
R.Y.I. Enterprises, LLC ("RYI")
This website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Please read the information carefully. Your access to, and use of, this website constitutes your agreement to all such terms, conditions, and notices.
This website is not affiliated with, maintained, authorized, endorsed or sponsored by the Walt Disney Company or any of its affiliates. This is an independent, unofficial site. All information (including prices, dates, times, availability) contained on this site is UNofficial and subject to change without notice. Call Walt Disney World directly or visit their web pages to confirm before your visit.
RYI owns and operates AllEars.net®, which comprises Deb's Unofficial Walt Disney World Information Guide (www.allears.net), the ALL EARS® weekly newsletter and its companion promotional newsletter Ears the Deal (collectively, the "Services")
COPYRIGHT AND TRADEMARK NOTICES
Disney, Walt Disney World, Disneyland, Walt Disney and attraction names are trademarks or registered trademarks of the Walt Disney Company and/or Disney Enterprises, Inc. ("Disney"). No infringement on the Walt Disney Company trademarks is intended. RYI does not make any claim to any intellectual property rights associated with Disney or any of the other third parties mentioned on this website..
Everything you see, hear or read on this site, all materials, images, illustrations, data, designs, icons, photographs, video clips and written material that is part of this site (unless otherwise noted) is the property of RYI and Copyright ©1996-2000 Deb Wills and Copyright © 2000-2016 RYI Enterprises, LLC, 8297 Champions Gate Blvd, Champions Gate, FL 33896 U.S.A. All rights reserved.
RYI expressly disclaims any representations or warranties that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with RYI.
Images of people or places displayed on this site are the property of RYI unless otherwise noted. The use of these images by you, or anyone else authorized by you is strictly prohibited unless specifically permitted in writing by RYI. Any unauthorized use of the images may violate laws including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
All other product or brand names are trademarks of their respective owners.
COPYRIGHT POLICY - RYI respects the intellectual property rights of others and expects users of its services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, RYI will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Deborah A. Willis
RYI Enterprises, LLC
8297 Champions Gate Blvd, #360
Champions Gate, FL 33896
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This website is for your personal information, education, communication, entertainment, and noncommercial use. You are authorized to make a single, one-time, copy of a document or part of a document published on this Site for your personal use provided that our copyright notice is clearly displayed on your copy. You are not authorized to download documents, parts of documents, logos and other materials from our Site for your own commercial or online purposes without our prior written consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on, or obtained from, this web site.
SURVEYS & CONTESTS
From time to time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and may include demographic information (such as ZIP code). Contact information will be used (shared with the contest/survey sponsors) to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users personally identifiable information is not shared with third parties unless we give prior notice and choice. Surveys and Contests are not open to users under the age of 18.
Although RYI works very hard to provide you with the most current and accurate information on this site, RYI does not warrant or represent that anything you see on this Site is up-to-date, error-free or complete. Your access to and use of the services or any content are at your own risk. You understand and agree that the services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, RYI DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RYI makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the website or related services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the website or related services; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the website or related services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the RYI , will create any warranty not expressly made herein. While we may periodically add, modify or delete any of the information on this site, RYI does not make any commitment or assume any obligation or duty to do so. If you find information on the site that is incorrect, please contact us.
IN NO EVENT SHALL RYI ENTERPRISES, LLC AND/OR ITS SUBSIDIARIES OR AFFILIATES OR ADVERTISERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS OR DATA, WHETHER BASED UPON AN ACTION IN CONTRACT OR TORT, AND REGARDLESS OF WHETHER SUCH A CAUSE OF ACTION ARISES OUT OF THE USE OR PERFORMANCE OF THIS SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If this disclaimer should fail of its essential purpose, then the user agrees that any claim against RYI shall be limited to the claimant's actual damages or $100.00 whichever is less. If the user is unwilling to be bound by this site's limitation on liability and damages, then the user is prohibited from any use of this site. These limitations shall apply to any other theory of liability, whether based in warranty, contact, statute, tort (including negligence) or otherwise, and whether or not RYI has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
RYI assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment (including hardware, software, peripherals, files and databases) or other property on account of your access to, use of, or browsing in this site, or your downloading of any materials, data, text, graphics, images, audio or video from this site.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant to RYI that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and posting and retrieval of information on the site. You are responsible for paying and/or collecting and remitting all applicable fees and taxes imposed upon you by the appropriate governmental entity and incurred in connection with your access to our servers.
LINKS TO THIRD-PARTY SITES
This site contains hyperlinks to web sites operated by parties other than RYI. Such hyperlinks are provided for your reference and convenience only. RYI does not control such websites, may not have reviewed such websites and expressly disclaims any responsibility for their contents. The inclusion of hyperlinks to such websites does not imply (and RYI expressly disclaims) any endorsement of the material on such web sites or any association with their operators. Linking to any off-site pages is at your own risk.
EMAILS AND SUBMITTED MATERIAL
Any communication or material you transmit or submit to this site or RYI by electronic mail or other means, including any data, questions, comments, suggestions, will be treated as non confidential and nonproprietary. Anything you transmit, submit or post to this site may be used by RYI for any purpose, publication, broadcast and posting without any further consent from, or notice to, you. RYI is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing products or services using such information.
By communicating with RYI you grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RYI the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise have the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; that you have not removed any watermarks or markings intended to show ownership, and that you will indemnify, defend and hold harmless, RYI for all claims resulting from content you supply. RYI has the right but not the obligation to monitor and edit or remove any activity or content. RYI takes no responsibility and assumes no liability for any content posted by you or any third party.
Any claim relating to this agreement or the materials shall by governed by the laws of the State of Maryland, United States of America, exclusive of the choice of law rules thereof. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of RYI in exercising any right or remedy hereunder or enforcing the terms and conditions of this agreement will operate as a waiver thereof. If any part or provision of this agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this agreement. The parties agree that the operative state of Federal court covering Polk County, Florida, shall be the sole venue for any dispute arising out of their relationship, and hereby consent to jurisdiction of the Court.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RYI as a result of this agreement or use of this web site.
Any rights not expressly granted herein are reserved.
SPECIAL NOTICE TO CHILDREN
IF YOU ARE UNDER 18 YEARS OLD, PLEASE HAVE YOUR PARENT/GUARDIAN READ THIS POLICY COMPLETELY. PLEASE ASK YOUR PARENT/GUARDIAN TO EXPLAIN IT TO YOU IF YOU HAVE ANY QUESTIONS. In compliance with the Children's Online Privacy Protection Act (COPPA) RYI will not collect personal information from anyone under the ages of 13. If you are under the age of 13, you are not permitted to submit any information to Allears.net.
CHANGES TO THIS AGREEMENT
RYI may at any time in its sole discretion modify the terms of access to this Site. Your continued use of the Site following any such modification, shall be deemed acceptance of such modification.