Terms of Use

Last Updated: July 10, 2014

Disney Interactive is pleased to provide to you its sites, software, applications, content, products and
services (“Disney Services”), which may be branded Disney, ABC, ESPN, Marvel, Lucasfilm, Club
Penguin, Playdom or another brand owned or licensed by The Walt Disney Company. These terms
govern your use and our provision of the Disney Services on which these terms are posted, as well
as Disney Services we make available on third-party sites and platforms if these terms are disclosed
to you in connection with your use of the Disney Services. PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THE DISNEY SERVICES.

ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING

ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT
AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW
IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE
RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL
PREVAIL.

1. Contract between You and Us

This is a contract between you and Disney Interactive, a California corporation located at 500 South
Buena Vista Street, Burbank, California 91521, USA, or between you and any different service
provider identified for a particular Disney Service. You must read and agree to these terms before
using the Disney Services. If you do not agree, you may not use the Disney Services. These terms
describe the limited basis on which the Disney Services are available and supersede prior
agreements or arrangements.

Supplemental terms and conditions may apply to some Disney Services, such as rules for a
particular competition, service or other activity, or terms that may accompany certain content or
software accessible through the Disney Services. Supplemental terms and conditions will be
disclosed to you in connection with such competition, service or activity. Any supplemental terms
and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.

We may amend these terms. Any such amendment will be effective thirty (30) days following either
our dispatch of a notice to you or our posting of the amendment on the Disney Services. If you do
not agree to any change to these terms, you must discontinue using the Disney Services. Our
customer service representatives are not authorized to modify any provision of these terms, either
verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the
Disney Services) if you fail to comply with any provision of these terms.

2. The Disney Services

The Disney Services are for your personal, noncommercial use and are intended for informational
and entertainment purposes only. They do not constitute legal, financial, professional, medical or
healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation
of the Disney Services across wide geographic areas, aspects of certain activities, such as game play,
may be simulated to avoid delays.

The Disney Services are our copyrighted property or the copyrighted property of our licensors or
licensees and all trademarks, service marks, trade names, trade dress and other intellectual property
rights in the Disney Services are owned by us or our licensors or licensees. Except as we
specifically agree in writing, no element of the Disney Services may be used or exploited in any way
other than as part of the Disney Services offered to you. You may own the physical media on which
elements of the Disney Services are delivered to you, but we retain full and complete ownership of
the Disney Services. We do not transfer title to any portion of the Disney Services to you.

Content and Software License

If a Disney Service is configured to enable the use of software, content, virtual items or other
materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-
transferable license to access and use such software, content, virtual item or other material for your
personal, noncommercial use only.

You may not circumvent or disable any content protection system or digital rights management
technology used with any Disney Service; decompile, reverse engineer, disassemble or otherwise
reduce any Disney Service to a human-readable form; remove identification, copyright or other
proprietary notices; or access or use any Disney Service in an unlawful or unauthorized manner or in
a manner that suggests an association with our products, services or brands. You may not access or
use any Disney Service in violation of United States export control and economic sanctions
requirements. By acquiring services, content or software through the Disney Services, you represent
and warrant that your access to and use of the services, content or software will comply with those
requirements.

Disclaimers and Limitation on Liability

THE DISNEY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT
IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE,
EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL
WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM
CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED
ONE THOUSAND U.S. DOLLARS (US $1,000).

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A

CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER
THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

Changes to the Disney Services

The Disney Services are constantly evolving and will change over time. If we make a material
change to the Disney Services, we will provide you with reasonable notice and you will be entitled
to terminate this contract.

Additional Restrictions on Use of the Disney Services

We do not allow uses of the Disney Services that are commercial or business-related, or that
advertise or offer to sell products or services (whether or not for profit), or that solicit others
(including solicitations for contributions or donations). You agree not to knowingly or recklessly
introduce a virus or other harmful component, or otherwise tamper with, impair or damage any
Disney Service or connected network, or interfere with any person or entity’s use or enjoyment of
any Disney Service. You agree not to use any software or device that allows automated gameplay,
expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or
otherwise modify a Disney Service or game experience to create an advantage for one user over
another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to
access, monitor or copy, any element of the Disney Services using a robot, spider, scraper or other
automated means or manual process without our express written permission.

Third-Party Services and Content

The Disney Services may integrate, be integrated into, or be provided in connection with third-party
services and content. We do not control those third-party services and content. You should read the
terms of use agreements and privacy policies that apply to such third-party services and content.

If you access a Disney Service using an Apple iOS, Android or Microsoft Windows-powered device
or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a
third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to
this contract and are not responsible for the provision or support of the Disney Services. You agree
that your access to the Disney Services using these devices also shall be subject to the usage terms
set forth in the applicable third-party beneficiary’s terms of service.

Mobile Networks

When you access the Disney Services through a mobile network, your network or roaming
provider’s messaging, data and other rates and fees will apply. Downloading, installing or using
certain Disney Services may be prohibited or restricted by your network provider and not all Disney
Services may work with your network provider or device.

3. Your Content and Account

User Generated Content

The Disney Services may allow you to communicate, submit, upload or otherwise make available
text, images, audio, video, competition entries or other content (“User Generated Content”), which
may be accessible and viewable by the public. Access to these features may be subject to age
restrictions. You may not submit or upload User Generated Content that is defamatory, harassing,
threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that
harms or can reasonably be expected to harm any person or entity, whether or not such material is
protected by law.

We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive,
sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks,
patents, trade secrets, privacy and publicity rights and other intellectual property rights to use,
reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index,
comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make
available and otherwise exploit such User Generated Content, in whole or in part, in all media
formats and channels now known or hereafter devised (including in connection with the Disney
Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any
number of copies and without limit as to time, manner and frequency of use, without further notice
to you, with or without attribution, and without the requirement of permission from or payment to
you or any other person or entity.

You represent and warrant that your User Generated Content conforms to these terms and that you
own or have the necessary rights and permissions, without the need for payment to any other person
or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in
all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary
and affiliated companies, and each of their respective employees and officers, harmless from any
demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third
party arising out of or in connection with our use and exploitation of your User Generated Content.
You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User
Generated Content against us or our licensees, distributors, agents, representatives and other
authorized users, and agree to procure the same agreement not to enforce from others who may
possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly
perform User Generated Content that requires the use of our copyrighted works, we grant you a non-
exclusive license to create a derivative work using our copyrighted works as required for the
purpose of creating the materials, provided that such license shall be conditioned upon your
assignment to us of all rights in the work you create. If such rights are not assigned to us, your
license to create derivative works using our copyrighted works shall be null and void.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review
User Generated Content or communications sent through a Disney Service, at any time and for any
reason, including to ensure that the User Generated Content or communication conforms to these
terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the
opinions, views, advice or recommendations posted or sent by users.

Accounts

Some Disney Services permit or require you to create an account to participate or to secure
additional benefits. You agree to provide and maintain accurate, current and complete information,
including your contact information for notices and other communications from us and your payment
information. You agree not to impersonate or misrepresent your affiliation with any person or entity,
including using another person’s username, password or other account information, or another
person’s name or likeness, or provide false details for a parent or guardian. You agree that we may
take steps to verify the accuracy of information you provide, including contact information for a
parent or guardian.

We have adopted and implemented a policy that provides for the termination, in appropriate
circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may
suspend or terminate your account and your ability to use the Disney Services if you engage in,
encourage or advocate for illegal conduct, or if you fail to comply with these terms or any
supplemental terms.

Passwords and Security

You are responsible for taking reasonable steps to maintain the confidentiality of your username and
password, and you are responsible for all activities under your account that you can reasonably
control. You agree to promptly notify us of any unauthorized use of your username, password or
other account information, or of any other breach of security that you become aware of involving
your account or the Disney Services.

The security, integrity and confidentiality of your information are extremely important to us. We
have implemented technical, administrative and physical security measures that are designed to
protect your information from unauthorized access, disclosure, use and modification.

4. Paid Transactions

Identity of Seller

Sales are made by Disney Interactive or the seller identified at the time of sale, if different. If you
have questions about your order, please contact the seller at the address provided and they will assist
you. Some storefronts on the Disney Services are operated by third parties and, in that case,
different or additional sale terms may apply, which you should read when they are presented to you.

Digital Content and Virtual Items

We may make applications, games, software or other digital content available on the Disney
Services for you to license for a one-time fee. When purchasing a license to access such material
from a Disney Service, charges will be disclosed to you on the Disney Service before you complete
the license purchase.

Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable
license to access and use such content or functionality in the Disney Services. Virtual items
(including characters and character names) or in-game currency purchased or available to you in the
Disney Services can only be used in connection with the Disney Services where you obtained them
or where they were developed by you as a result of game play. These items are not redeemable or
subject to refund and cannot be traded outside of the Disney Services for money or other items for
value. We may modify or discontinue virtual items or in-game currency at any time.

Subscriptions

Some Disney Services require paid subscriptions to access. By signing up for a subscription, you
agree that your subscription will be automatically renewed and, unless you cancel your subscription,
you authorize us to charge your payment method for the renewal term. The period of auto-renewal
will be the same as your initial subscription period unless otherwise disclosed to you at the time of
sale. The renewal rate will be no more than the rate for the immediately prior subscription period,
excluding any promotional and discount pricing, unless we notify you of a rate change prior to your
auto-renewal. From time to time, we may offer a free trial subscription for a Disney Service. If
you register for a free trial subscription, we will begin to bill your account when the free trial
subscription expires, unless you cancel your subscription before that time.

The Order Process

You will have the opportunity to review and confirm your order, including delivery address (if
applicable), payment method and product details. We will send to you a notice when we accept your
order and our acceptance will be deemed complete and for all purposes to have been effectively
communicated to you at the time we send the notice. At such time, the contract for sale will be
made and become binding on both you and us. The risk of loss in any goods you purchase and the
responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result
in your order being cancelled include system or typographical errors, inaccuracies in product or
pricing information or product availability, fairness among customers where supplies are limited, or
problems identified by our credit or fraud departments. We also may require additional verification
or information before accepting an order. We will contact you if any portion of your order is
cancelled or if additional information is required to accept your order. If your order is cancelled
after we have processed your payment but prior to delivery, we will refund your payment.

Payments and Billing

When you provide payment information, you represent and warrant that the information is accurate,
that you are authorized to use the payment method provided, and that you will notify us of changes
to the payment information. We reserve the right to utilize third party credit card updating services
to obtain current expiration dates on credit cards.

Right of Cancellation; Return of Goods

When you subscribe to a Disney Service, you have the right to cancel your contract within fourteen
(14) days after your receipt and acceptance of these terms and you will receive a full refund of the
subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received
within the first thirty (30) days following the first day of initial billing, you will receive a refund of
the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other
charges incurred.

When you purchase a license to access digital content or virtual items, you will be given an
opportunity to consent to delivery at the time of purchase. By consenting to delivery, you
acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.

You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel
our contract with you and return the goods. This right does not apply to goods stated by us on the
Disney Services to be non-returnable, including audio and video recordings, computer software, and
CD’s, DVD’s or other physical media that have been unsealed. If you are returning goods that are
not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a
reasonable amount if you use the goods.

If you wish to cancel, you must do so by following the cancellation instructions for the particular
Disney Service. A sample cancellation form is available here.

Personalized Goods
Please note that the rights of cancellation and return do not apply for personalized goods.
Cancellations and changes to personalized goods cannot be made once you have submitted your
order and personalized items cannot be returned unless there is a manufacturing error or product
defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our
personalization service will cause your order to be cancelled and any payment refunded.

Pricing; Taxes

We may revise the pricing for products and services we offer. If you pay a periodic subscription fee
for a Disney Service, we will provide you with reasonable notice of changes to the fees or billing
methods in advance of their effective date and you will be able to cancel your subscription prior to
such change. When you place your order, we estimate the tax and include that estimate in the total
for your convenience. The actual tax amount that will be applied to your order and charged to your
payment method is based on calculations on the date of shipment, regardless of when the order was
placed.

International Shipping; Customs

When ordering goods for delivery to countries other than the country where the seller is located, you
may have to pay import duties and taxes levied. These and any additional charges for customs
clearance must be borne by you. For goods shipped internationally, please note that any
manufacturer warranty may not be valid; manufacturer service options may not be available;
manuals, instructions and safety warnings may not be in destination country languages; the goods
and accompanying materials may not be designed in accordance with destination country standards,
specifications, and labeling requirements; and the goods may not conform to destination country
voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be
lawfully imported to the destination country. When ordering from us, the recipient is the importer of
record and must comply with all laws and regulations of the destination country.

5. Competitions

Competitions that you enter on a Disney Service may have supplemental rules and conditions, but
the following general rules apply absent contrary terms in any supplemental rules or conditions for
the competition.

Entries

Your competition entry is User Generated Content and subject to all provisions of these terms that
govern your submission and our use of your User Generated Content. We may disqualify entries
that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate
parental consent was not provided. Competition entries are limited to one per person and entries via
agents or third parties or the use of multiple identities are not permitted. Use of automated entries,
votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the
entry period or disqualify any participant or entry at any time without giving advance notice. We
will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for
technical, legal or other reasons, or if we suspect that any person has manipulated entries or results,
provided false information or acted unethically. If we cancel or terminate a competition, prizes may
be awarded in any manner we deem fair and appropriate consistent with local laws governing the
competition.

Eligibility

To enter a competition, you must be a registered user of the Disney Services and have an active
account with current contact information. No purchase is necessary to enter a competition and a
purchase will not improve your chances of winning. Competitions are not open to our employees
(or their immediate families) or anyone else professionally associated with the competition. If you
are under age 18 (or the age of majority under applicable law) and the competition is open to you,
we may need your parent or guardian’s consent before we can accept your entry. We reserve the
right to request proof of identity or to verify eligibility conditions and potential winning entries, and
to award any prize to a winner in person. Competitions are void where prohibited or restricted by
law. Potential winners who are residents in jurisdictions where competitions require an element of
skill may be required to answer a mathematical test in order to be eligible to win a prize.

Prizes

No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the
right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a
child or other family member) or sold by winners. Only the number of prizes stated for the
competition is available to be won and all prizes will be awarded provided a sufficient number of
eligible entries are received and prizes are validly claimed by the date provided in connection with
the competition, after which no alternate winners will be selected or unclaimed prizes awarded.
Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all
costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each
winner, although we reserve the right to withhold applicable taxes and each winner agrees to
complete any required tax forms.

Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the
competition and grants us an unconditional right to us to use your name, town or city and state,
province or country, likeness, prize information and statements by you about the competition for
publicity, advertising and promotional purposes and to comply with applicable law and regulations,
all without additional permission or compensation. As a condition of receiving a prize, winners (or
their parents or guardians) may be required to sign and return an affidavit of eligibility, liability
release and publicity release.

6. Additional Provisions
Submissions and Unsolicited Ideas Policies

Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas,
suggestions or materials. In connection with anything you submit to us – whether or not solicited by
us – you agree that creative ideas, suggestions or other materials you submit are not being made in
confidence or trust and that no confidential or fiduciary relationship is intended or created between
you and us in any way, and that you have no expectation of review, compensation or consideration
of any type.

Claims of Copyright Infringement

Notifications of claimed copyright infringement and counter notices must be sent to our designated
agent:

Jordan McCollum
Disney Interactive
500 South Buena Vista Street
Burbank, California 91521, USA
Phone: +1 818-545-3000
Fax: +1 818-931-2662
Email: designated.agent@dig.twdc.com

We are only able to accept notices in the languages into which these terms are made available by us.

We will respond expeditiously to claims of copyright infringement committed using the Disney
Services that are reported to our Designated Copyright Agent, identified above, in accordance with
the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With
respect to Disney Services hosted in the United States, these notices must include the required
information set forth in the DMCA and described in detail here.

Binding Arbitration and Class Action Waiver

You and Disney Interactive agree to arbitrate all disputes between you and The Walt Disney
Company or its affiliates, except disputes relating to the enforcement of The Walt Disney Company
or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other
controversy between you and us concerning the Disney Services or these terms, whether in contract,
tort, warranty, statute or regulation, or other legal or equitable basis. You and Disney Interactive
empower the arbitrator with the exclusive authority to resolve any dispute relating to the
interpretation, applicability or enforceability of these terms or formation of this contract, including
the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Disney Interactive must send to the other party a notice of dispute,
which is a written statement that sets forth the name, address and contact information of the party
giving the notice, the facts giving rise to the dispute and the relief requested. You must send any
notice of dispute to Disney Interactive, 500 South Buena Vista Street, Burbank, California 91521,
USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact
information we have for you. You and Disney Interactive will attempt to resolve a dispute through
informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty
(60) days, you or we may commence arbitration. You may also litigate a dispute in small claims
court if the dispute meets the requirements to be heard in small claims court, whether or not you
negotiated informally first.

If you and Disney Interactive do not resolve a dispute by informal negotiation or in small claims
court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision
will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE
GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Arbitration will be administered by the American Arbitration Association (the “AAA”) under its
Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.
For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration
may be conducted in person, through the submission of documents, by phone or online. The
arbitrator may award damages to you individually as a court could, including declaratory or
injunctive relief, but only to the extent required to satisfy your individual claim.

Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Disney
Interactive will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you
an award that is greater than the value of our last written settlement offer made before an arbitrator
was selected (or if we did not make a settlement offer before an arbitrator was selected), then we
will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if
any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and
costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your
claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in
connection with any non-frivolous arbitration between you and us.

If you are a resident of the United States, arbitration will take place at any reasonable location
convenient for you. For residents outside the United States, arbitration shall be initiated in the
borough of Manhattan, New York, New York, United States of America, and you and Disney
Interactive agree to submit to the personal jurisdiction of the federal or state courts located there, in
order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter
judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE

CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Disney Interactive will seek to
have a dispute heard as a class action, private attorney general action, or in any other proceeding in
which either party acts or proposes to act in a representative capacity. No arbitration or proceeding
can be combined with another without the prior written consent of all parties to the arbitration or
proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts
of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts
proceeding in arbitration.

Choice of Forum

You agree that any action at law or in equity arising out of or relating to these terms or the Disney
Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state
or federal courts located in the borough of Manhattan, New York, New York, United States of
America and you consent and submit to the personal jurisdiction of such courts for the purposes of
litigating such action.

Choice of Law

These terms are governed by and construed in accordance with the laws of the State of New York
and the laws of the United States, without giving effect to any conflict of law principles.

Severability

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.

Survival

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

Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of
such provision or any other provision, and our failure to assert any right or provision under these
terms shall not constitute a waiver of such right or provision.