TERMS OF USE

The apps. GotPlanS grants you the right to use the apps for your personal, non-commercial use only.  You may not modify, copy, publish, license or sell any information or software associated with the apps.  You may not rent, lease or otherwise transfer rights to the apps.  You agree that you will use the apps in compliance with all applicable laws and regulations.

Intellectual Property. Except as otherwise provided under Legal, you acknowledge that GotPlanS owns all right, title and interest in and to the apps, including all rights under copyright, trade secret, trademark or unfair competition law, and any and all other applications, renewals, extensions and restorations thereof.  You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the apps.  You also agree not to remove, obscure or alter GotPlanS’ copyright notice, trademarks or other proprietary rights notices contained within the apps.  GotPlanS makes no claim to any intellectual property rights associated with The Walt Disney Company, Disneyland, Inc., Disney Enterprises, Inc., and any and all of their respective subsidiaries and affiliates, referred to collectively as the Disney Entities.

Disclaimer of Warranties. GotPlanS takes reasonable efforts to ensure the accuracy of the information contained in the apps.  However, GotPlanS disclaims responsibility for any harm resulting from your use of the apps.  The apps is provided “as is,” and GotPlanS expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including but not limited to warranties regarding the reliability, timeliness and performance of the apps.  You use the apps at your own discretion and risk.  Information presented in the apps other than attraction wait times, including but not limited to operating and event schedules and attraction, shopping and food information, is based on information available to us, is subject to change without notice, and may prove to be inaccurate. Attraction wait-time information is provided by the apps users and may prove to be inaccurate.

Limitation of Liability. GotPlanS will not be liable to you or any user for use or misuse of the apps.  This limitation includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise.  This limitation will apply whether the damages arise from the use or misuse of the apps, from inability to use the apps in whole or in part, or from the interruption, suspension or termination of the apps, including any damages incurred by third parties.  This limitation will apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Indemnification. You agree to indemnify and hold harmless GotPlanS and its managers, members, employees and agents from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the apps, any alleged violation of these Terms of Use, and any alleged violation of any applicable law or regulation.  GotPlanS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Submitted feedback and other materials. Any communication or material you transmit or submit to GotPlanS through the apps, including any data, questions, comments, suggestions, will be treated as non-confidential and nonproprietary. Anything you transmit may be used by GotPlanS for any purpose, publication, broadcast and posting without any further consent from, or notice to, you. GotPlanS is free to use any ideas, concepts, know-how or techniques contained in any communication you send for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing products or services using such information.

By communicating with GotPlanS, you grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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 GotPlanS the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify, defend and hold harmless, GotPlanS for all claims resulting from content you supply.

General. Any claim relating to these Terms of Use or the apps shall by governed by the laws of the State of California, United States of America, exclusive of the choice of law rules thereof. No failure or delay on the part of GotPlanS in exercising any right or remedy hereunder or enforcing the terms and conditions hereof will operate as a waiver thereof. If any part or provision of these Terms of Use 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 these Terms of Use.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and GotPlanS as a result of these Terms of Use or use of the apps.