MagiKit Terms and Conditions of Use


1.1. Welcome to the (the "site"). The site is owned and operated 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, “TWDC”) on its own name and behalf and also on behalf of Euro Disney Vacances SAS and Euro Disney Associés S.C.A both having their registered office at Immeubles Administratifs, Route Nationale 34, 77700 Chessy, France, respectively registered under the number 383 850 278 and 397 908 945 with the Registry of Trade and Companies of Meaux (hereinafter altogether referred to herein as “Euro Disney”). TWDC and Euro Disney shall be collectively referred to herein as "we," "us," "our" or “Disney”. The site is dedicated to Disney businesses which trade with Disney or Euro Disney and not consumers.

1.2. PLEASE BE ADVISED THAT USE OF THIS WEBSITE IS NOT FOR PERSONAL USE, BUT FOR AUTHORIZED BUSINESS USE ONLY. By accessing this site or any portion hereof, 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 site 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 site and materials contained within the site, 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 site or the materials and you must exit this site immediately.

1.3. Disney reserves the right, at its discretion, to change, modify, add, or remove the site or portions of the site or any Disney Assets (as defined below) or these Terms and Conditions and other content on this site at any time without notice. Please check these Terms and Conditions periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.


2.1. Access to this site and use of the materials contained herein is restricted to Disney, Euro Disney, its and their 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 site, or (ii) such other persons or entities authorized in writing by Disney (including pursuant to a person or entity’s agreement to these Terms and Conditions of Use), and has been granted an active password to access the site or certain portions hereof by Disney. The terms and conditions set forth herein apply to the use of this site 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 site 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.

2.2. If you are an employee or agent of an Authorised Licensee, you may also access the site and use the materials contained herein, provided that (a) Disney has issued an active password to the site, or a portion hereof, directly to you, (b) if you are an agent, you have signed a written agreement with the Authorised Licensee pursuant to which you have agreed to use the materials contained herein for limited, identified purposes only as permitted by the respective Related Company, and (c) you agree to these Terms and Conditions.

2.3. All access to this site is limited to those portions of the site made available through standard browser programs by the issued password. You shall not use any workarounds or other methods to exceed the scope of access authorized by such password or the duration of validity of such password.


3.1. You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold Disney, Euro 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 Site and/or your account(s). 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.


4.1. All pages of this site 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 trade marks, service marks, trade names, and trade dress are owned by Disney and/or their licensors. All Disney Assets contained within this site 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 trade marks, service marks, trade names or other proprietary rights in the site 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.

4.2. 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.

4.3. Use of Disney Assets in your advertising, brochure or other promotional materials in any form (“Promotional Materials”) and any or mention any content of this site and the downloadable materials incorporated herein shall be subject to the prior written approval of Disney. Disney’s approval is limited solely to creative representation of the Disney Assets and Disney gives no advice regarding the sufficiency or adequacy of your Promotional Materials or the terms and conditions related to promotional offers which you may publish from time to time. You must use the approval request form in the Guidelines to request approval. In all cases, approval may be withheld in Disney’s sole discretion, even if such use or Promotional Materials comply with the Guidelines. In addition, any material approved by us shall be deemed to have been approved only for the specific advertisement or other item that is the subject of the intended use of such material as disclosed to us at the time such material is submitted to us for its approval hereunder and not for any other use. All Promotional Materials shall be submitted to us for approval in sufficient time before the date of intended use or distribution. Disney shall have no liability for its failure to respond to a request for approval and non-response shall be deemed disapproval. No material from this site may be downloaded, reproduced, copied, republished, transmitted, deconstructed, scraped, altered, modified or distributed in any way, except as may be expressly set forth in an applicable written distribution or agency agreement or as otherwise specified or approved in writing by Disney. Any use of the materials or information in any other manner or for any other purpose is a violation of Disney's copyright and other proprietary rights. All copyrights, trademarks, service marks, and trade names are proprietary to Disney, Disney Enterprises, Inc., and its and their affiliates and licensors.

4.4. Except as otherwise expressly provided under and subject to any existing written agreement or these Terms and Conditions, you shall acquire no right to use, and shall not use, the name “Disney” (either alone or in conjunction with or as a part of any other word or name), any depictions of the Walt Disney World® Resort or DisneyLand Paris Resort (or any part thereof) or any fanciful characters, designs, trademarks, trade names, copyrighted works or symbols of Disney or any Related Company in any of your advertising, publicity or promotions; to express or imply any endorsement by Disney or any other Related Company of your products or services; or in any other manner whatsoever.


5.1. This site 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 site or the availability of the Disney Assets will be uninterrupted or error-free, that defects will be corrected, or that this site 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 site or the Disney Assets in this site 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 that result from the use of, or the inability to use the site or the Disney Assets in this site, even if Disney or a Disney authorized representative has been advised of the possibility of such damages or your proposed use.

5.2. The Site 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.

5.3. 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.

5.4. 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.


6.1. Disney shall be entitled, in its sole discretion and at any time, to terminate your authorization and password to use this site and the Disney Assets contained herein.

6.2. Your authorization to use this site and the Disney Assets contained herein shall also terminate upon the expiration or termination of an applicable agreement.

6.3. Upon termination, you must cease use of the site and any Disney Assets and destroy all Disney Assets obtained from the site and all copies thereof (including those incorporated into your Promotional Materials), whether made under these terms of use or otherwise.

6.4. 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 Site and requesting us to terminate the registered account and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise, by sending an email to:

6.5. The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.


7.1. 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.

7.2. 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.

7.3. 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 may cancel your account.


8.1. 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.


9.1. Please see our Privacy Policy for other information regarding the way in which we collect and store any personal information you provide to us when you use the site.

LAST UPDATED: August 2012

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