PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
We are committed to protecting the privacy and security of the users of our
sites. We will never sell or trade any personal information, including emails from any of our users.
By using any part or area of Don's Club and/or donbluthanimation.com, you agree to all of the following terms
and conditions of use.
PERSONAL AND NON-COMMERCIAL USE:
Don's Club and/or donbluthanimation.com is for your personal
and non-commercial use only. You may not reproduce or copy, change or modify, distribute, transmit,
display, perform or publish, license or create any type of derivative works from, transfer, give or sell any
f the information, content or products which you may or which may be obtained from Don's Club and/or
donbluthanimation.com without our prior written consent which, at our sole discretion, may or may not be
given. No phone calls will be accepted or acknowledged. All inquires must be submitted in
writing to:
Don Bluth Animation.
8776 East Shea Blvd.
Suite B3A-125
Scottsdale, Arizona
85260-6629
MEMBER ACCOUNT, PASSWORD AND SECURITY:
In order to become a member of Don's Club and/or donbluthanimation.com,
you must fully complete
the registration process by providing complete and accurate information as required within the online
registration form. After you have fully completed the registration form, you will then choose a password and
a member name. The combination of your e-mail address and user name you enter at the time of registration
form a unique identifier for your account. If Don's Club and/or donbluthanimation.com does not recognize you
from a previous sign in, you will be asked to enter the e-mail address that we have on file to help us locate your
account. It is your responsibility to maintain the confidentiality of your password and account. You are solely
responsible for any and all activities that occur under your account. You agree to notify Don's Club and/or
donbluthanimation.com immediately of any unauthorized use of your account. Don's Club and/or
donbluthanimation.com is not liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge.
In connection with your membership, you hereby agree that Don's Club and/or donbluthanimation.com
has the right to e-mail your first renewal notice to the e-mail address that you provided and we have on file
for your membership account, and you consent to receive this e-mail renewal notice. After receipt of this first
e-mail renewal notice, you will be given the opportunity to Opt Out from receiving any future e-mail renewal
notices for the remainder of the term of that membership period to Don's Club and/or
donbluthanimation.com
RESTRICTIONS ON USE:
As a condition of your use of DON'S CLUB AND/OR
DONBLUTHANIMATION.COM, you hereby agree that you will not use, nor will you allow
to be used, DON'S CLUB AND/OR DONBLUTHANIMATION.COM for any purpose that is unlawful
or is otherwise prohibited by these terms, conditions and notices. You may not use the DON'S CLUB
AND/OR DONBLUTHANIMATION.COM in any manner which could damage, disable, overburden or impair
any area of the Web site or otherwise interfere with any other party's full use and enjoyment of Don's Club and/or
donbluthanimation.com Web site. You may not attempt to gain unauthorized access to Don's Club and/or
donbluthanimation.com, any related Web site, other accounts, computer systems or networks connected to Don's
Club and/or donbluthanimation.com, through hacking, password mining or any other means.
You may not obtain
or attempt to obtain any materials or information through any means not intentionally made available to all
registered users through Don's Club and/or donbluthanimation.com. Your access to Don's Club and/or
donbluthanimation.com may be terminated immediately, with or without notice, if you fail to comply with
any provisions of these terms and conditions.
LINKS TO THIRD-PARTY SITES:
Don's Club and/or donbluthanimation.com contains links to third-party Web sites.
These linked sites are not under the control of Don's Club and/or donbluthanimation.com.
We have no responsibility and hereby expressly disclaim any liability, ownership and/or
copyrights to or for the contents of any linked site herein.
SUBMISSIONS:
Don's Club and/or donbluthanimation.com will not accept, review or
consider any unsolicited submissions. Any submissions to Don's Club and/or donbluthanimation.com shall
become the property of Don Bluth's ToonTalk Inc. No submission will be subject to any reimbursement or any
other type payment by us.
SERVICE CONTACT:
You may e-mail your requests for customer service to us
here, or you may call our Customer Service number at 480-314-0841, from 9AM to
4PM Mountain Time, Monday through Friday, or writing to:
Don Bluth Animation.
8776 East Shea Blvd.
Suite B3A-125
Scottsdale, Arizona
85260-6629
CANCELLATION:
DON'S CLUB® Membership is available at $5.95 for one (1)
month subscription,$14.95 for three (3) months subscription, $25.95 for a 6-month subscription or
just $49.95 per year. Once you join DON'S CLUB®, your subscription will be
extended automatically depending on the option you chose at the time you joined.
Your credit card will be charged for each extension. However, you may cancel
your subscription at any time as fully described below.
You may cancel your membership to DON'S
CLUB® anytime by logging into your account and clicking Cancel My Account
on your home page. You may also cancel your membership by calling the
Customer Service number at 480-314-0841 from 9AM to 4PM Arizona Time,
Monday through Friday, or writing to:
Don Bluth Animation.
8776 East Shea Blvd.
Suite B3A-125
Scottsdale, Arizona
85260-6629
We will return the unused portion of your DON'S CLUB® membership
fee on a 52-week pro-rated basis within ninety days (90) days of your having
cancelled of your membership.
DON'S CLUB® reserves the right to terminate your access to DON'S CLUB®
or anyportion thereof for any reason, at any time, without prior notice to you. Upon
such termination, DON'S CLUB® shall return the unused pro-rata portion of your
DON'S CLUB® membership fee on a 52-week pro-rated basis to you within ninety
(90) days of the termination of your access to DON'S CLUB®.
CONTENT AVAILABLE THROUGH DON'S CLUB
All content that is made available to view and/or download in connection
with DON'S CLUB, ("Content") is owned or controlled by Don Bluth's ToonTalk Inc., and/or its licensors,
affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the
content is governed by the terms of the end user license agreement, if any, which accompanies or is included
with the content, and Don Bluth's ToonTalk Inc., accepts no responsibility or liability in connection with any
content owned or controlled by third parties.
LIABILITY DISCLAIMER:
DON BLUTH'S TOONTALK INC., AND/OR ITS RESPECTIVE
LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN DON'S CLUB FOR ANY PURPOSE.
ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DON BLUTH'S TOONTALK INC., AND/OR
ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY AGREE THAT DON BLUTH'S TOONTALK SHALL NOT BE RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL
INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, ANY MATERIAL OR DATA SENT OR
RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
DON'S CLUB. YOU SPECIFICALLY AGREE THAT DON'S CLUB IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING AND/OR INCLUDED IN DON'S CLUB BY ANY THIRD PARTY. YOU
FURTHER AGREE THAT DON BLUTH'S TOONTALK INC AND/OR ITS RESPECTIVE LICENSORS,
AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO DON'S CLUB
AND/OR MAY DISCONTINUE ANY PART OF DON'S CLUB AT ANY TIME.
IN NO EVENT SHALL DON BLUTH'S TOONTALK INC AND/OR ITS RESPECTIVE LICENSORS,
AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR
INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA,
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF DON'S CLUB, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH DON'S CLUB, OR OTHERWISE
ARISING OUT OF THE USE OF DON'S CLUB, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PREMIERE RADIO NETWORKS
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH
ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN DON BLUTH'S
TOONTALK INC TOTAL AND MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE
LIMITED TO YOUR MEMBERSHIP FEE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
DON'S CLUB, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING DON'S CLUB AND HAVE RETURNED TO YOU THE UNUSED
PRO-RATA PORTION OF YOUR MEMBERSHIP FEE ON A 52-WEEK PRO-RATED BASIS.
MODIFICATION OF THESE TERMS OF USE:
Don's Club and/or donbluthanimation.com may, from time to time,
change the terms and conditions governing this Web site. It is therefore important that you regularly review
these terms and conditions to learn of any changes that may govern your use of this Web site. Your continued
use of Don's Club and/or donbluthanimation.com constitutes your continued agreement to all such terms and
conditions and/or changes hereto.
GENERAL:
These terms and conditions are governed by the laws of the State of Arizona,
without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie
exclusively with the state or federal courts within Maricopa County, Arizona. The U.N. Convention of Contracts
for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. If any
provision of these terms and conditions are found to be invalid by any court having competent jurisdiction,
then the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and
conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions
shall be deemed a further or continuing waiver of such term or any other term. These terms and conditions
constitute the entire agreement between you and the Don Bluth's ToonTalk with respect to the use of Don's
Club and/or donbluthanimation.com. No changes to these terms and conditions shall be made except by a revised
posting on this Web page, and these terms and conditions may not be modified by any advertisements of Don
Bluth's ToonTalk or oral or written communications by Don Bluth's ToonTalk, except for a written
communication from an authorized officer of Don Bluth's ToonTalk Inc.
COPYRIGHT AND TRADEMARK NOTICE:
DON BLUTH and all material pertaining thereto is a Registered
Trademark. Any and all other material herein is protected by Copyright © 2000 – 2009
DON BLUTH'S TOONTALK INC. All Rights Reserved.
Any rights not granted herein are reserved to and by Don Bluth's ToonTalk.
