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| 0 | Legal Privacy Policy Subscriber Agreement Disney Terms of Use Privacy Policy US State Privacy Rights Notice Print PRIVACY POLICY Last Modified: 09/30/2025 SCOPE OF THIS POLICY This privacy policy describes the processing of information provided or collected on the sites and applications where this privacy policy is posted, whether on our digital properties or on applications we make available on third-party sites or platforms. | 0 | Legal Subscriber Agreement Disney Terms of Use Privacy Policy US State Privacy Rights Notice Print Disney+, ESPN, and Hulu Subscriber Agreement Updated: 2/5/2026 We welcome you! |
| 1 | It is our pleasure to provide the Disney+, ESPN, and Hulu services described below for your personal enjoyment in accordance with this Subscriber Agreement (herein, the “Agreement”). | ||
| 2 | PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES. | ||
| 3 | For detailed information on how to cancel your subscription, see Section 2(e) below. | ||
| 4 | Disney Platform Distribution, Inc., located at 500 South Buena Vista Street, Burbank, CA 91521 (“Disney+”), BAMTech, LLC, located at 50 Vandam Street, 9W, New York, NY 10013 (“ESPN”), Hulu, LLC, located at 2500 Broadway, 2nd Floor, Santa Monica, CA 90404, and Hulu Live LLC, located at 1290 Avenue of the Americas, New York, NY 10104 (together with Hulu, LLC, “Hulu”) are referred to collectively in this Agreement as “we”, “us” and “our”. | ||
| 5 | The “Disney+ Service”, “ESPN Service”, and “Hulu Service” include each Service’s respective website, application, video player and related software, associated content and other services (including, for example, ESPN+ and other digital services within the ESPN Service), in any media format or channel, now known or hereafter devised, and any elements thereof. | ||
| 6 | The Disney+ Service, ESPN Service, and Hulu Service are sometimes referred to interchangeably or collectively in this Agreement as the “Services”. | ||
| 7 | You agree to this Agreement, including any agreements or policies incorporated herein by reference, by clicking “Agree & Continue” or any other industry standard mechanism during the Disney+, ESPN, and/or Hulu registration process, or by accessing or using any aspect of the Services. | ||
| 8 | It may be necessary to agree to additional terms and conditions in connection with your use of the Services. | ||
| 9 | If you do not agree to this Agreement, you may not use the Services. | ||
| 10 | We may amend this Agreement, effective thirty (30) days after we send you notice or post the amendment on the Services. | ||
| 11 | If you do not agree to any change to this Agreement, you must discontinue using the Services. | ||
| 12 | Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing. | ||
| 13 | ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. | ||
| 14 | PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. | ||
| 15 | List of Sections 1. | ||
| 16 | User Eligibility and Registration 2. | ||
| 17 | Subscription Terms 3. | ||
| 18 | Copyright License Grant and Restrictions 4. | ||
| 19 | Usage Terms 5. | ||
| 20 | Use and Sharing of Certain Information 6. | ||
| 21 | Suspension and Termination 7. | ||
| 22 | Binding Arbitration and Class Action Waiver 8. | ||
| 23 | Additional Provisions 1. | ||
| 24 | USER ELIGIBILITY AND REGISTRATION a. | ||
| 25 | Eligibility and Age Limitations. | ||
| 26 | You must be 18 years of age, or the age of majority in your state or territory of residence, to purchase the Services. | ||
| 27 | The Services are provided to individuals for their personal, noncommercial use only. | ||
| 28 | Companies, commercial establishments, associations and other groups may not purchase or use the Services. b. | ||
| 29 | Territory. | ||
| 30 | Only residents of the countries and territories where we offer the Services (each Service’s “Territory”) are eligible to subscribe. | ||
| 31 | The ESPN and Hulu Services are only available in the United States and certain of its territories. | ||
| 32 | This Agreement applies if you purchase a subscription to the Disney+ Service in the U.S. and any supported U.S. territories and use it in other geographic locations where the Disney+ Service is made available. | ||
| 33 | You may not access the Services from locations where we do not have rights or where we do not make the Services available. c. | ||
| 34 | Registration and Access. | ||
| 35 | The Services are integrated with “MyDisney”, which allows you to use a single email and password to sign in to a range of products and experiences across The Walt Disney Family of Companies. | ||
| 36 | When you sign up for a MyDisney account, you agree to The Walt Disney Company Terms of Use, which can be found at disneytermsofuse.com. | ||
| 37 | Only individuals who have registered for a MyDisney account, provide requested information (e.g., a valid email address), and agree to this Agreement are eligible to subscribe to the relevant Services. | ||
| 38 | Your email address and password to login to the Services will be managed by MyDisney. | ||
| 39 | You are solely responsible for maintaining the confidentiality and security of your email address and password and for all activities that occur on or through your account. | ||
| 40 | However, if you allow others to access your account, this Agreement, as well any specific consents you may have provided to us, also applies to their access, use, and disclosure of information. | ||
| 41 | You agree to immediately notify us of any unauthorized access to your account. | ||
| 42 | We will not be responsible for any losses arising from the unauthorized use of your account. d. | ||
| 43 | Notices. | ||
| 44 | Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services. | ||
| 45 | You consent to receive electronic communications from each Service you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. | ||
| 46 | You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. | ||
| 47 | You agree that we may take steps to verify the accuracy of information you provide. | ||
| 48 | Back to top 2. | ||
| 49 | SUBSCRIPTION TERMS a. | ||
| 50 | Service Tier and Other Offerings. | ||
| 51 | When purchasing your subscription(s) to the Service(s), you may be presented with different plans or options (each a “Service Tier”). | ||
| 52 | Different Service Tiers or other offerings, such as a Bundle (as defined below) or add-ons, may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and device availability. b. | ||
| 53 | Subscription Billing and Auto-Renewal. | ||
| 54 | Your subscription(s) to the Service(s) includes enrollment into an ongoing/recurring payment plan for a subscription term and one or more associated billing periods, as disclosed upon purchase. | ||
| 55 | A “billing period” is the interval of time between each recurring billing date (i.e. the date you are charged). | ||
| 56 | Your “subscription term” is the length of your subscription. | ||
| 57 | Your subscription(s) will automatically renew at the end of the disclosed subscription term, unless cancelled in accordance with the instructions for cancellation below. | ||
| 58 | Payment will be charged to your chosen payment method at confirmation of purchase and, unless otherwise disclosed, at the start of every new billing period during your current or renewed subscription term. | ||
| 59 | When you provide a payment method, we may attempt to verify the information you entered by processing an authorization hold. | ||
| 60 | We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. | ||
| 61 | If you change your Service Tier or obtain certain other offerings, such as add-ons, we may prorate your charges accordingly during the applicable billing period. | ||
| 62 | To see your next recurring billing date or information about your subscription, log in to your account and view your account details. | ||
| 63 | You acknowledge that the timing of when you are billed may vary, including (i) if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), (ii) due to free trials and other promotional offers, gift card redemptions, credits applied, payment failures, or changes in your subscription or payment method, or (iii) where variations in billing timing for a Service Tier are disclosed at the time of purchase (e.g. if you purchase a seasonal subscription, season start and end dates may impact when you are billed). | ||
| 64 | We may also offer you the ability to pause your subscription. | ||
| 65 | If you do not cancel before the end of the pause period, billing will resume automatically. | ||
| 66 | We reserve the right to change our pricing. | ||
| 67 | In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. | ||
| 68 | If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. | ||
| 69 | If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. | ||
| 70 | We will not be able to notify you of any changes in applicable taxes. | ||
| 71 | You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services. | ||
| 72 | Please check with your Internet provider for information on possible Internet data usage charges. c. | ||
| 73 | Free Trials and Promotions. | ||
| 74 | Your subscription(s) to the Service(s) may include a free trial. | ||
| 75 | Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. | ||
| 76 | Eligibility for free trials may vary based on factors including the Service Tier selected, whether you have previously used one for the relevant Service(s), how recently you redeemed a free trial, and whether the Service Tier is part of a combined offering. | ||
| 77 | Certain limitations may also exist with respect to combining free trials with any other offers. | ||
| 78 | Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. | ||
| 79 | You can cancel your subscription at any time before the end of your free trial. | ||
| 80 | We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless expressly required by statute or regulation in particular jurisdictions or instances. | ||
| 81 | We may also offer, in our sole discretion, promotions (e.g., a promotional price, lower price per billing period, bundled subscription, device-specific offer or gift card) subject to promotional terms disclosed during your sign-up or in other materials provided to you. | ||
| 82 | We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed. d. | ||
| 83 | Gift Cards. | ||
| 84 | We may make available gift cards redeemable for an eligible Service Tier. | ||
| 85 | Gift cards may not be used in conjunction with, or in addition to, any special offer unless the terms of the special offer expressly indicate otherwise. | ||
| 86 | The purchase and redemption of Disney+ gift cards are subject to the Disney+ Gift Card Terms and Conditions, which you can review at disneyterms.com/usdisneyplusgiftcard. | ||
| 87 | The purchase and redemption of Hulu gift cards are subject to the Hulu Gift Card Terms and Conditions, which you can review at http://hulu.com/start/gifting_terms. | ||
| 88 | The purchase and redemption of ESPN gift subscription cards are subject to the Terms and Conditions for ESPN Subscription Cards, which you can review at: https://disneyterms.com/espnpluscard. | ||
| 89 | The purchase and redemption of Disney gift cards are subject to the Terms and Conditions for Gift Cards, Merchandise Credits, and Dining Cards, which you can review at disneygiftcard.com/terms/us. e. | ||
| 90 | CANCELLATION AND REFUND POLICY. | ||
| 91 | YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME BEFORE THE END OF THE CURRENT BILLING PERIOD, FREE TRIAL OR PROMOTION. | ||
| 92 | CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT SUBSCRIPTION TERM, FREE TRIAL OR PROMOTION UNLESS OTHERWISE DISCLOSED; YOU WILL BE BILLED FOR ANY REMAINING BILLING PERIODS IN YOUR SUBSCRIPTION TERM. | ||
| 93 | IF YOU ARE SUBSCRIBED THROUGH A FREE TRIAL, PROMOTIONAL CODE OR OTHER CREDIT, CANCELLATION MAY BE EFFECTIVE IMMEDIATELY. | ||
| 94 | IF YOU MODIFY YOUR SUBSCRIPTION TO SWITCH FROM ONE SERVICE TO ANOTHER SERVICE DURING YOUR BILLING PERIOD, YOU MAY NOT HAVE CONTINUED ACCESS TO YOUR ORIGINAL SERVICE. | ||
| 95 | YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO 11:59 P.M. EASTERN TIME ON THE DAY BEFORE YOUR SUBSCRIPTION TERM ENDS IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION TERM. | ||
| 96 | EXCEPT AS REQUIRED BY APPLICABLE LAW, WE DO NOT REFUND OR CREDIT FOR PARTIALLY USED SUBSCRIPTION TERMS AND/OR BILLING PERIODS, ALTHOUGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE AND ABSOLUTE DISCRETION. | ||
| 97 | IF YOUR SUBSCRIPTION IS CANCELED DUE TO FAILED ATTEMPTS TO CHARGE YOUR PAYMENT METHOD, OR IF YOU SWITCH YOUR BILLING TO A THIRD-PARTY, YOU MAY FORFEIT ANY CREDITS ASSOCIATED WITH YOUR ACCOUNT. | ||
| 98 | TO CANCEL YOUR DISNEY+ SERVICE SUBSCRIPTION, NAVIGATE TO WWW.DISNEYPLUS.COM/ACCOUNT/CANCEL-SUBSCRIPTION, LOG IN, AND CLICK “CANCEL SUBSCRIPTION”. | ||
| 99 | TO CANCEL YOUR ESPN SERVICE SUBSCRIPTION, NAVIGATE TO SECURE.WEB.PLUS.ESPN.COM/COMMERCE/ACCOUNT, LOG IN, SELECT THE SUBSCRIPTION YOU WISH TO CANCEL, AND CLICK “CANCEL SUBSCRIPTION”. | ||
| 100 | TO CANCEL YOUR HULU SERVICE SUBSCRIPTION, NAVIGATE TO WWW.HULU.COM/ACCOUNT, LOG IN, AND CLICK “CANCEL”. | ||
| 101 | IF YOU SUBSCRIBED VIA A THIRD PARTY, PLEASE VISIT YOUR APPLICABLE SERVICE’S HELP CENTER FOR INSTRUCTIONS ON HOW TO CANCEL. f. | ||
| 102 | Payment Details. | ||
| 103 | We will keep your detailed payment information, such as credit card number and expiration date, on file. | ||
| 104 | In the event your account or subscriptions are configured so that you receive separate bills relating to a Bundle, we may consolidate such bills to reduce the number of separate charges you receive. | ||
| 105 | We may store and allow you to use your payment information for purchases across the Services and across The Walt Disney Company, if you have consented to such usage. | ||
| 106 | You are responsible for keeping your payment details up-to-date by changing the details in your account settings. | ||
| 107 | Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiration date and CVV (or equivalent). | ||
| 108 | This enables us to continue to provide you access to the Services. | ||
| 109 | You authorize us to continue to charge your card using the updated information. | ||
| 110 | In the event of a failed attempt to charge to your primary payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method or, where you have consented, to use any other stored payment method associated with your account. | ||
| 111 | If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. | ||
| 112 | You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. | ||
| 113 | You also agree that we may charge your payment method on file if you decide to restart your subscription to any of the Services. g. | ||
| 114 | Subscriptions Obtained Through Third Parties. | ||
| 115 | If you obtain a subscription to the Services via a third party (e.g., an app store), that subscription is also subject to the third party’s terms, and the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Agreement conflicts with the applicable third party’s terms regarding subscription purchase, billing, cancellation/refunds and payments. | ||
| 116 | For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. | ||
| 117 | Any fees charged for your subscription to the Service(s) will be billed by the applicable third party using the payment information you have provided to such third party. | ||
| 118 | To cancel a subscription to the Service(s) obtained via a third party, please follow the cancellation instructions set out by the applicable third party. | ||
| 119 | You can visit our Help Center for instructions on how to cancel a subscription to the Service(s) obtained via a third party. h. | ||
| 120 | Bundled Subscription Options. | ||
| 121 | We may offer a subscription to the Services bundled with other subscription services, including subscriptions to third-party products and services, e.g., a wireless plan. | ||
| 122 | Notice of the terms of the bundled subscription options will be provided to you at the time you register. | ||
| 123 | If a subscription to the Services is offered as part of a bundle with other third-party products and services, this Agreement will govern your use of the Services and any third-party subscriptions, products, and services will be governed by the terms of use issued by those third parties. i. | ||
| 124 | Bundles. | ||
| 125 | We are pleased to offer eligible subscribers, who are over 18, access to certain combinations of two or more of the Disney+ Service, ESPN Service, and the Hulu Service you select (each, when subscribed to in this manner, a “Bundled Service”), for a discounted price as compared to the retail price of each plan when purchased separately (each combination, a “ Bundle”). | ||
| 126 | This promotional offer may be modified or terminated at any time. | ||
| 127 | Your subscription to a Bundle may be subject to certain terms and conditions disclosed to you at the time of purchase. | ||
| 128 | Bundles are only available in the United States. j. | ||
| 129 | One-Time Purchases. | ||
| 130 | We may also offer one-time purchases, including to pay-per-view events and certain Content not otherwise included within your subscription. | ||
| 131 | You will be charged for these one-time purchases at the time of purchase to your chosen payment method. k. | ||
| 132 | Service Tiers With or Without Ads. | ||
| 133 | We offer different Disney+ and Hulu Service Tiers, some with advertisements and some predominantly without. | ||
| 134 | Service Tiers described as “no ads” or “ad-free” are generally free of commercial interruptions, with certain exceptions that may change from time to time, including where: (i) streaming rights or other limitations require certain Content to play with ads; or (ii) ads are served in certain live or linear Content or special events (and replays thereof). | ||
| 135 | Additionally, “no ads” or “ad-free” Service Tiers may contain limited promotional content, such as brief clips about the Bundles (including messages promoting an upgrade thereto) and other content available on any services associated with the Bundles, and branded content, product integrations, or sponsorship messaging. | ||
| 136 | Please note that if you subscribe to multiple (or a bundle of) Service Tiers, Content from any ad-supported Service Tier will play with ads, while Content from any “no ads” or “ad-free” Service Tier will not (except as described above). l. | ||
| 137 | Additional Content. | ||
| 138 | From time to time, we may offer the opportunity to watch additional Content with your Service Tier. | ||
| 139 | For example, subscribers to a Service Tier that is otherwise limited to on-demand streaming may be able to watch certain live Content. | ||
| 140 | We offer this additional Content on a promotional basis and retain sole discretion regarding the availability of the Content, eligibility to watch the Content, requirements to access the Content, and whether or not such Content includes advertisements. m. | ||
| 141 | Account Sharing. | ||
| 142 | Unless otherwise permitted by your Service Tier, you may not share your subscription outside of your household. “Household” means the collection of devices associated with your primary personal residence that are used by the individuals who reside therein. | ||
| 143 | If you are subscribed to multiple Services, your Household will be determined based on usage across all Services to which you are subscribed. | ||
| 144 | Additional usage rules may apply for certain Service Tiers. | ||
| 145 | For more details on our account sharing policy, please visit your applicable Service’s Help Center. | ||
| 146 | We may, in our sole discretion, analyze the use of your account to determine compliance with this Agreement. | ||
| 147 | If we determine, in our sole discretion, that you have violated this Agreement, we may limit or terminate access to the Service and/or take any other steps as permitted by this Agreement (including those set forth in Section 6 of this Agreement). | ||
| 148 | You will be responsible for any use of your account by your household, including compliance with this section. n. | ||
| 149 | Linked Destinations and Advertising. | ||
| 150 | If we provide links or pointers to other websites or destinations, you should not infer or assume that we operate, control, or are otherwise connected with these other websites or destinations. | ||
| 151 | When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. | ||
| 152 | This Agreement does not govern your use of another website or destination. | ||
| 153 | We are not responsible for the content or practices of any website or destination other than the Disney+, ESPN, and Hulu site, even if it links to the Disney+, ESPN and/or Hulu site and even if the website or destination is operated by a company affiliated or otherwise connected with Disney+, ESPN and/or Hulu. | ||
| 154 | By using the Services, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Disney+, ESPN, and Hulu site. o. | ||
| 155 | Third Party Ads and Services. | ||
| 156 | We take no responsibility for and do not endorse any third-party advertisements or any third-party material posted where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. | ||
| 157 | Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser. | ||
| 158 | If you provide any confidential or personal information or engage in any transaction through an advertisement, we are not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction. | ||
| 159 | Back to top 3. | ||
| 160 | COPYRIGHT LICENSE GRANT AND RESTRICTIONS a. | ||
| 161 | License. | ||
| 162 | Within the Territory and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following: Install and make non-commercial, personal use of the Services; and stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the “Disney+ Content”, “ESPN Content” or “Hulu Content” or, collectively, the “Content”) that are available to you from the Services. | ||
| 163 | References to the Content also include any elements of the Content. | ||
| 164 | This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Services. | ||
| 165 | The purchase of a license to stream or temporarily download any Content does not create an ownership interest in such Content. | ||
| 166 | Such Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Content, are owned by The Walt Disney Company, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. b. | ||
| 167 | Restrictions on Your Use of the Content. | ||
| 168 | You agree that you will not nor permit another person to do any of the following without our express written permission, and that these restrictions are a condition to your license: i. circumvent or disable any content protection system or digital rights management technology used in connection with the Services to control access to the Content; ii. copy the Content (except as expressly permitted by this Agreement); iii. rebroadcast, transmit or perform the Content available via the Services; iv. create derivative works of the Content; or v. engage in any of the foregoing in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology (“AI Tool”). c. | ||
| 169 | Restrictions on Your Use of the Services. | ||
| 170 | You agree that you will not nor permit another person to do any of the following without our express written permission, and that these restrictions are a condition to your license: i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Services and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s); ii. modify the Services, including, but not limited to, by removing identification, copyright or other proprietary notices from the Content or the Services; iii. access or use the Services in a manner that suggests an association with our products, services or brands; iv. use the Services for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Content or Services, or engage in any activity to enable third parties to engage in any of the foregoing activities, in each case whether or not for profit; v. create derivative works of any components of the Services owned by The Walt Disney Company, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law; vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Services, including using any technology or technique to obscure or disguise your location when you are accessing the Services; vii. index, frame, embed or link to the Services in a manner not authorized by us, or to collect information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications; viii. access, monitor, copy, or extract the Services using a robot, spider, script or other automated means, including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool, data mining or web scraping or otherwise compiling, building, creating or contributing to any collection of data, data set or database (other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by us, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags); ix. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services; x. damage, disable, overburden or impair the Services, including by introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; xi. use the Services in any unlawful manner (whether criminal or civil), for any unlawful purpose, or in any manner inconsistent with this Agreement, including in a manner that would violate our Privacy Policy or the rights of any third parties or otherwise interfere with any other person’s use and enjoyment of the Services; or xii. share your login credentials or account with third parties other than as expressly permitted by Section 2(m) of this Agreement. d. | ||
| 171 | Violations. | ||
| 172 | Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Disney+, ESPN, Hulu, and the copyright holder. | ||
| 173 | Back to top 4. | ||
| 174 | USAGE TERMS a. | ||
| 175 | Compatible Devices and Software. | ||
| 176 | Use of the Services requires compatible devices, and certain software may require periodic updates, and your use of the Services may be affected by the performance of these elements. | ||
| 177 | You can access the Content with almost any Internet-connected computer or through the Service applications available for certain mobile or other devices (Internet connection required) (each, a “Compatible Device”). | ||
| 178 | You are responsible for understanding and complying with any limitations on the use of Compatible Devices. | ||
| 179 | Additionally, certain components of the Services or Service Tiers may only be compatible with a subset of Compatible Devices or require download of certain software, even if other aspects of the Services can be accessed on any Compatible Device. | ||
| 180 | For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit your applicable Service’s Help Center. b. | ||
| 181 | Internet Connection. | ||
| 182 | You must have a high speed Internet connection in order to access and use certain aspects of the Services. c. | ||
| 183 | Streaming Content. | ||
| 184 | The Content can be streamed through the Services over an active Internet connection. | ||
| 185 | The number of concurrent streams available for use may be subject to limitations by Service Tier or type of Content, and such limitations may change from time to time at our discretion and may require device and account verification. | ||
| 186 | Please visit your applicable Service’s Help Center for more information on the number of concurrent streams permitted based on your Service Tier. | ||
| 187 | Additionally, we may offer the opportunity to stream Content outside of the Service application, subject to different features and functionality, usage rules, and device compatibility. d. | ||
| 188 | Downloading Content. | ||
| 189 | The Content may be available for temporary download for offline viewing on certain Compatible Devices based on your Service Tier or type of Content. | ||
| 190 | The number of temporary downloads available for Compatible Devices, and the length of time that certain temporary downloads remain available to you for offline viewing, may be subject to limitations by Service Tier, and such limitations may change from time to time at our discretion. | ||
| 191 | Please visit your applicable Service’s Help Center for more information on the limitations on temporary downloads that apply based on your Service Tier or type of Content. e. | ||
| 192 | Content Availability. | ||
| 193 | The Content that we make available via any Service Tier is not guaranteed and may be limited and vary over time, including (i) based on rights availability, (ii) based on the terms of your subscription or Service Tier, (iii) based on your location, or (iv) by law. | ||
| 194 | Certain live Content, including sporting events, may be unavailable due to regional blackouts, device-specific, or similar restrictions, and certain networks may be unavailable in certain local markets. | ||
| 195 | Generally, your access to individual events or local network affiliates will be determined by the location of your device at the time you access the Services or, for certain networks (e.g. regional sports networks offered via the Hulu Live Service Tier) by the location of your Home (as defined below). | ||
| 196 | Blackout and local market restrictions are determined solely by sports leagues and other parties that control Content rights. | ||
| 197 | We may use different technologies and methods to verify your location, and you may be required to enable location sharing on certain devices in order to access this Content. | ||
| 198 | Please visit each Service’s applicable help center for more information. f. “Home” Setting. | ||
| 199 | If you subscribe to the Hulu Live TV Service Tier, make sure to designate a residential, non-mobile internet network (“Home”) when you set your home location as part of the registration and access process. | ||
| 200 | Your Home will be used to determine which streams are considered “in-home” or “out-of-home”, where relevant to the requirements of your subscription. | ||
| 201 | In addition, for uninterrupted enjoyment of the Hulu Live TV Service Tier, you should access the Services on your mobile device from your Home location every 30 days, or such other period described in the Hulu Help Center. g. | ||
| 202 | Cloud DVR. | ||
| 203 | The Hulu Live TV Service Tier may provide the ability to record live TV Content to your cloud DVR. | ||
| 204 | Hulu may limit storage capacity and the amount of time such recordings can be stored on your cloud DVR and available to you. | ||
| 205 | If your subscription – or your access to any of the Content or networks/channels included in your subscription – is cancelled, suspended, interrupted, or otherwise discontinued, you may lose access to previously-made recordings, even if your subscription or that access resumes or is reinstated. | ||
| 206 | Unfortunately, Hulu is unable to guarantee error-free recording, storage, or playback. | ||
| 207 | Other than your usage of the cloud DVR made available to you by Hulu, you may not record, copy, store, or redistribute any Content. | ||
| 208 | You may only use your cloud DVR to the extent permissible under copyright and other applicable laws. | ||
| 209 | Please visit the Hulu Help Center to learn more about recording live TV Content. h. | ||
| 210 | Future Unavailability. | ||
| 211 | It is possible that the Services, and/or some or all Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; (iv) technical issues with Content delivery or playback; or (v) as a result of other matters beyond the control of us or third parties. | ||
| 212 | We will take reasonable efforts to provide you with as much prior notice as possible; however, we shall have no liability to you in such event. | ||
| 213 | There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Services. | ||
| 214 | We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. | ||
| 215 | You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Services, although if you are a subscriber and we suspend or discontinue your subscription to the Services, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. | ||
| 216 | However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of this Agreement, then you will not be eligible for any such credit, refund, discount or other consideration. i. | ||
| 217 | Promotional and Experimental Features. | ||
| 218 | In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Services, including promotions, features, advertisements, user interfaces, plans and pricing. | ||
| 219 | You acknowledge that these are implemented in our sole discretion, may be subject to additional terms, and may not apply to every subscriber. | ||
| 220 | Back to top 5. | ||
| 221 | USE AND SHARING OF CERTAIN INFORMATION For more information about our collection, use, and sharing of your information, please refer to our Privacy Policy, which can be found at www.disneyplus.com/legal/privacy-policy and is incorporated herein by reference. | ||
| 222 | We reserve the right to, and you agree that we may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law. | ||
| 223 | Back to top 6. | ||
| 224 | SUSPENSION AND TERMINATION You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services, and to any Content if we believe you are using or have used the Services in violation of this Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. | ||
| 225 | Without limiting the foregoing, we may restrict or suspend your access to the Service(s), which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your MyDisney account has been created fraudulently, your MyDisney account or subscription to the Services has been accessed fraudulently, or anyone uses your MyDisney account or subscription to the Services to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. | ||
| 226 | We also reserve the right, but are not required, to terminate any subscription to the Services that remains inactive for an extended period of time, e.g., more than one year (failure to log in to your subscription to the Services will constitute inactivity for purposes of this Agreement). | ||
| 227 | You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to the Services or the Content. | ||
| 228 | We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination. | ||
| 229 | Our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party. | ||
| 230 | UPON TERMINATION OF YOUR SUBSCRIPTION(S) TO ANY SERVICES, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE SUBSCRIPTION TERM), YOU WILL LOSE THE RIGHT TO ACCESS STREAMED OR DOWNLOADED CONTENT THROUGH SUCH SERVICE(S). | ||
| 231 | Back to top 7. | ||
| 232 | BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. | ||
| 233 | There may be instances in which disputes arise between us. | ||
| 234 | You, on the one hand, and Disney+, ESPN, and/or Hulu, on the other hand, agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving The Walt Disney Company or its affiliates) except for: (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and us concerning the Services, or this exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable. | ||
| 235 | YOU, DISNEY+, ESPN, AND HULU AGREE TO WAIVE CLASS ACTION PROCEDURES. | ||
| 236 | No party will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. | ||
| 237 | You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. | ||
| 238 | No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings. | ||
| 239 | If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court. a. | ||
| 240 | Small Claims Court. | ||
| 241 | Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. | ||
| 242 | If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. | ||
| 243 | At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent. b. | ||
| 244 | Informal Dispute Resolution. | ||
| 245 | In the event of a Dispute, you and we agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. | ||
| 246 | Except for those Disputes eligible to be resolved in small claims court, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. | ||
| 247 | You must send any notice of a Dispute to: Disney+ Attention: Legal 500 South Buena Vista Street, Burbank, California 91521-7620, USA ESPN+ Attention: Legal 50 Vandam Street, 9W New York, NY 10013, USA Hulu, LLC Attention: Legal 2500 Broadway, 2nd Floor Santa Monica, CA 90404, USA and Hulu Live LLC Attention: Legal 1290 Avenue of the Americas New York, NY 10104 We will send any notice of a Dispute to you at the contact information we have available for you in connection with your account. | ||
| 248 | You and we will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. | ||
| 249 | This informal negotiation requires an individual meet–and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and us (the “Conference”). | ||
| 250 | If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. | ||
| 251 | Disney+ and/or ESPN and/or Hulu will participate in the Conference through one or more representatives, which may include our counsel. | ||
| 252 | After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. | ||
| 253 | Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. | ||
| 254 | Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. c. | ||
| 255 | Arbitration Process and Rules. | ||
| 256 | If you and we do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration. | ||
| 257 | The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. | ||
| 258 | Any demand for arbitration must be filed with ADR Services, Inc. | ||
| 259 | (“ADR Services”) (https://www.adrservices.com/). | ||
| 260 | If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/). | ||
| 261 | The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. | ||
| 262 | The arbitration will be conducted by a single, neutral arbitrator. | ||
| 263 | Arbitration may be conducted in person, through the submission of documents, by phone, or online. | ||
| 264 | Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in Los Angeles or the borough of Manhattan would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area. | ||
| 265 | You, Disney+, ESPN, and Hulu agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. | ||
| 266 | The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim. d. | ||
| 267 | Fees. | ||
| 268 | If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. | ||
| 269 | If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. | ||
| 270 | ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. | ||
| 271 | NAM permits any person to request information as to fees for its services at https://www.namadr.com/info-request-form/?request_type=Standard_Fees_and_Costs. | ||
| 272 | If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule. e. | ||
| 273 | Settlement Offers and Offers of Judgment. | ||
| 274 | At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. | ||
| 275 | If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. | ||
| 276 | If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. | ||
| 277 | If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer. f. | ||
| 278 | Arbitration Agreement Survival. | ||
| 279 | This arbitration agreement will survive the termination of your relationship with Disney+ and/or ESPN and/or Hulu, including any revocation of consent or other action by you to end your participation in the Services or any communication with us. g. | ||
| 280 | Opt-out. | ||
| 281 | You may opt out of this arbitration agreement via mail. | ||
| 282 | If you do so, neither party can force the other party to arbitrate. | ||
| 283 | To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise you shall be bound to arbitrate Disputes on a non-class basis in accordance with this Agreement. | ||
| 284 | If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. | ||
| 285 | You may not opt out of only the class action waiver and not also the arbitration provisions. | ||
| 286 | Your opt-out notice must include your name and address, the email address you used to set up your account, and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). | ||
| 287 | You must mail your opt-out notice to Disney Opt-Out, P.O. Box 11565, Burbank, California, 91510. | ||
| 288 | For clarity, opt-out notices submitted via email will not be effective. | ||
| 289 | If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. | ||
| 290 | We thank you for understanding why it is important that we agree on the process for addressing disputes. | ||
| 291 | Back to top 8. | ||
| 292 | ADDITIONAL PROVISIONS a. | ||
| 293 | We aspire for the Services to provide exceptional sources of entertainment for you and your family. | ||
| 294 | You understand and agree that the Content you receive through the Services is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. b. | ||
| 295 | Content Subjectivity. | ||
| 296 | We strive to provide a variety of Content for our diverse group of users to enjoy. | ||
| 297 | The Content tends to elicit varying reactions among different people. | ||
| 298 | You may come across Content that you find offensive, indecent, explicit or objectionable. | ||
| 299 | Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. | ||
| 300 | We do not guarantee that you will agree with them. | ||
| 301 | You acknowledge these risks and your responsibility for making your own choices regarding what Content is appropriate for your family. c. | ||
| 302 | Photosensitivities. | ||
| 303 | The Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. | ||
| 304 | Additionally, 4K UHD HDR content versions enable greater brightness and color saturation, which may also affect users. d. | ||
| 305 | Content Quality. | ||
| 306 | We use various technologies to provide you with an optimal viewing experience. | ||
| 307 | For example, HD quality is available for certain Disney+, ESPN, and Hulu Content and 4K Ultra HD quality is available for certain Disney+ and Hulu Content. | ||
| 308 | That said, the playback quality of Content, including resolution, may be affected by the format of the Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices and/or equipment used, among other factors. | ||
| 309 | The time it takes you to begin viewing Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. | ||
| 310 | As a result, we are unable to make any warranties about the Content in these respects. e. | ||
| 311 | Third-Party Services, Content, and Devices. | ||
| 312 | The Services may integrate, be integrated into, or be provided in connection with third-party services, content, and devices. | ||
| 313 | We do not control those third-party services, content, and devices. | ||
| 314 | You should read the terms of use, agreements, privacy policies, and safety information that apply to such third-party services, content, and devices. | ||
| 315 | If you access the Services using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-¬powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. | ||
| 316 | However, these third-party beneficiaries are not parties to this contract. | ||
| 317 | You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. f. | ||
| 318 | Mobile Networks. | ||
| 319 | When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. | ||
| 320 | Downloading, installing or using the Services may be prohibited or restricted by your network provider and the Services may not work with your network provider or device. g. | ||
| 321 | Export Controls. | ||
| 322 | Software and the transmission of applicable technical data, if any, in connection with the Services, are subject to export controls. | ||
| 323 | You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside. h. | ||
| 324 | Submissions and Unsolicited Ideas Policies. | ||
| 325 | Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. | ||
| 326 | 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. | ||
| 327 | We do not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, 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, display, create derivative works, or otherwise exploit them for any purpose 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. i. | ||
| 328 | General Contact Information. | ||
| 329 | For any matters where specific contact procedures are not provided for elsewhere in this Agreement, you may contact us by visiting your applicable Service’s Help Center. j. | ||
| 330 | DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. | ||
| 331 | YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AS WELL AS THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. | ||
| 332 | TO THE FULLEST EXTENT PERMITTED BY LAW, DISNEY+, ESPN, HULU, AND THEIR AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY. | ||
| 333 | THE “DISNEY+, ESPN, AND HULU PARTIES”) EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. | ||
| 334 | YOU ALSO ACKNOWLEDGE AND AGREE THAT THE DISNEY+, ESPN, AND HULU PARTIES DO NOT WARRANT THAT THE CONTENT OR THE SERVICES WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. | ||
| 335 | THE DISNEY+, ESPN, AND HULU PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS. | ||
| 336 | YOU AND NOT THE DISNEY+, ESPN, AND HULU PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE SERVICES. | ||
| 337 | SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. | ||
| 338 | TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DISNEY+, ESPN, AND HULU PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CONTENT OR THE SERVICES, HOWEVER CAUSED, NOR SHALL THE DISNEY+, ESPN, AND HULU PARTIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THEIR REASONABLE CONTROL. | ||
| 339 | 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). | ||
| 340 | THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) EVEN IF THE DISNEY+, ESPN, AND HULU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | ||
| 341 | BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. k. | ||
| 342 | Choice of Forum. | ||
| 343 | You agree that any action at law or in equity arising out of or relating to this Agreement 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. l. | ||
| 344 | Choice of Law. | ||
| 345 | This Agreement is 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. m. | ||
| 346 | Severability. | ||
| 347 | If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. n. | ||
| 348 | Survival. | ||
| 349 | The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination. o. | ||
| 350 | Entire Agreement. | ||
| 351 | This Agreement and the provisions referenced herein, along with any agreements or policies that are incorporated herein by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. | ||
| 352 | No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. | ||
| 353 | Print ENGLISH – DISNEY TERMS OF USE – UNITED STATES Terms of Use – United States Last Updated: May 24, 2024 Disney DTC LLC and/or its affiliates and subsidiaries (collectively, “Disney” “we” or “us”) are pleased to provide to you certain websites, software, applications, content, products, and services in any media format or channel, now known or hereafter devised (“Disney Products” and “Products”), which may be branded Disney, ABC, ESPN, Marvel, Pixar, Lucasfilm, FX,Searchlight Pictures, 20th Century Studios, National Geographic, or another brand owned or licensed by Disney. | ||
| 354 | References to Disney Products also include any elements of the Disney Products. | ||
| 355 | PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE DISNEY PRODUCTS. | ||
| 356 | THESE TERMS GOVERN YOUR USE OF THE DISNEY PRODUCTS IN GENERAL. | ||
| 357 | BY USING THE DISNEY PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS. | ||
| 358 | ANY DISPUTES BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT OR RELATING TO THE OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. | ||
| 359 | PLEASE READ THE ARBITRATION PROVISION ( SECTION 8. | ||
| 360 | BELOW ) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. | ||
| 361 | TABLE OF CONTENTS 1. | ||
| 362 | These Terms of Use Are a Contract Between You and Us 2. | ||
| 363 | License Grant and Restrictions 3. | ||
| 364 | Usage Rules 4. | ||
| 365 | Paid Transactions 5. | ||
| 366 | Contests, Sweepstakes and Promotions 6. | ||
| 367 | Disclaimers and Limitation on Liability 7. | ||
| 368 | Submissions, User Generated Content, DMCA Takedown Notices 8. | ||
| 369 | BINDING ARBITRATION AND CLASS ACTION WAIVER 9. | ||
| 370 | Additional Provisions 1. | ||
| 371 | THESE TERMS OF USE ARE A CONTRACT BETWEEN YOU AND US A. | ||
| 372 | Binding Contract. | ||
| 373 | These terms of use (“Agreement”) are a contract between you and Disney DTC LLC, as a Delaware limited liability company doing business at 500 South Buena Vista Street, Burbank, California 91521, USA and its affiliates and subsidiaries. | ||
| 374 | Other than as expressly stated herein, there are no third-party beneficiaries of this Contract. | ||
| 375 | B. | ||
| 376 | Agreement. | ||
| 377 | You represent to Disney that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a Disney account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access a Disney Product offered directly by Disney or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Disney Product). | ||
| 378 | If you do not agree to the Agreement, you may not use the Disney Products. | ||
| 379 | C. | ||
| 380 | Supplemental Terms. | ||
| 381 | This Agreement governs the Disney Products in general. | ||
| 382 | More specific and/or supplemental terms and conditions may apply to some Products, including but not limited to, a particular contest, sweepstakes or promotion, software, application, promotional code, service or other activity; availability of certain merchandise, content, programs, or other activities; conditions or other limitations to the Disney Products for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. | ||
| 383 | Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. | ||
| 384 | If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Disney Product. | ||
| 385 | D. | ||
| 386 | Amendments. | ||
| 387 | We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Disney Products or changes in law. | ||
| 388 | If we make a material change to this Agreement, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms through the Disney Products, the third party that makes Disney Products available to you, or at disneytermsofuse.com. | ||
| 389 | You are responsible for periodically reviewing this Agreement for updates and amendments. | ||
| 390 | By continuing to use the Disney Products you will be deemed to have agreed to and accepted any amendments. | ||
| 391 | If you do not agree to any change to this Agreement, you must discontinue using the Disney Products. | ||
| 392 | Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing. | ||
| 393 | E. | ||
| 394 | Accounts. | ||
| 395 | Some Disney Products permit or require you to create an account to participate or to secure additional benefits. | ||
| 396 | You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. | ||
| 397 | 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. | ||
| 398 | You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. | ||
| 399 | F. | ||
| 400 | Passwords and Security. | ||
| 401 | You agree that you will not share your account or account information with others. | ||
| 402 | 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. | ||
| 403 | 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 Products. | ||
| 404 | G. | ||
| 405 | Electronic Notice. | ||
| 406 | You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. | ||
| 407 | You agree that these electronic notices satisfy any legal requirements that such communications be in writing. | ||
| 408 | H. | ||
| 409 | Termination or Suspension. | ||
| 410 | We may terminate or suspend your access to any Disney Products, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Disney Products in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Disney Products. 2. | ||
| 411 | LICENSE GRANT AND RESTRICTIONS The Disney Products, including, but not limited to, movies, television shows, entertainment or informational programming, trailers, bonus material, scripts, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Disney Products are owned by us or our licensors (who may be third-party beneficiaries of this contract) and protected by the copyright, trademark, patent and other laws of the United States and international treaties. | ||
| 412 | A. | ||
| 413 | Consumer License. | ||
| 414 | If a Disney Product, or third party providing Disney Products subject to this Agreement, 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 in the United States such software, content, virtual item or other material for your personal, noncommercial use only, only for as long as that Disney Product is made available to you by us, or an authorized third party, and only in accordance with this Agreement and/or the specific terms that apply to that Disney Product, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Disney Product, including in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology (“AI Tool”), in any media format or channel now known or hereafter devised (except as may be expressly described within the Disney Product or used in a Disney Product in the manner for which it was intended). | ||
| 415 | This is a license agreement and not an agreement for sale or assignment of any rights in the Disney Products. | ||
| 416 | Except as we specifically agree in writing, no element of the Disney Products may be used or exploited in any way other than as part of the authorized Product made available to you. | ||
| 417 | You may own the physical media on which elements of the Disney Products are made available to you, but we retain full and complete ownership of the Disney intellectual property. | ||
| 418 | We do not transfer title to any portion of the Disney websites, software, applications, content, virtual items or other materials and/or services to you. | ||
| 419 | Likewise, the purchase of a license to use any Disney Product does not create an ownership interest in the Disney websites, software, applications, content, virtual items or other materials and/or services. | ||
| 420 | B. | ||
| 421 | Restrictions on Your Use of Disney’s Products. | ||
| 422 | You agree that you will not nor permit another person to do any of the following without our express written permission, and that these restrictions are a condition to your license: i. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney Product; ii. copy the Disney Product (except as expressly permitted by us); iii. rebroadcast, transmit or perform the Disney Product; iv. create derivative works of the Disney Product or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law; v. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Disney Products and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s); vi. modify the Disney Products, including, but not limited to, by removing identification, copyright or other proprietary notices from the Disney Products, or by framing, mirroring, or utilizing similar techniques; vii. access or use the Disney Products in a manner that suggests an association with our products, services or brands; viii. use the Disney Products for any commercial or business-related use or build a business utilizing the Disney Products, or engage in any activity to enable third parties to engage in any of the foregoing activities, in each case whether or not for profit; ix. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Disney Products; x. access, monitor, copy or extract the Disney Products using a robot, spider, script, or other automated means, including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool, data mining or web scraping or otherwise compiling, building, creating or contributing to any collection of data, data set or database (other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by Disney, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags); xi. damage, disable, overburden or impair the Disney Products; or xii. use the Disney Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; C. | ||
| 423 | Violation. | ||
| 424 | Any attempt to perform any of the restricted actions listed above is a violation of the rights of Disney and/or the intellectual property rights holder. | ||
| 425 | D. | ||
| 426 | Export Controls. | ||
| 427 | You may not access or use any Disney Product in violation of United States export control and economic sanctions requirements . | ||
| 428 | By acquiring services, content or software through the Disney Products, you represent and warrant that your access to and use of the services, content or software will comply with those requirements. 3. | ||
| 429 | USAGE RULES A. | ||
| 430 | Changes to the Disney Products. | ||
| 431 | The Disney Products are constantly evolving and will change over time. | ||
| 432 | We reserve the right to make such changes or, if necessary, discontinue Disney Products. | ||
| 433 | If required by law, we may also need to suspend, restrict, or terminate your access to Disney Products. | ||
| 434 | B. | ||
| 435 | Third-Party Services or Platforms. | ||
| 436 | The Disney Products may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. | ||
| 437 | We do not control those third-parties or the products they make available. | ||
| 438 | You should read the terms of use agreements and privacy policies that apply to such third-party products. | ||
| 439 | If you access a Disney Product 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 of this contract. | ||
| 440 | However, these third-party beneficiaries are not a party to this contract. | ||
| 441 | You agree that your access to the Disney Products using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. | ||
| 442 | You represent to Disney that you have read and agreed to those terms. | ||
| 443 | C. | ||
| 444 | Internet, Browser and System Requirements. | ||
| 445 | You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Disney Products. | ||
| 446 | You are required to review the minimum requirements necessary for use of the specific Product. | ||
| 447 | D. | ||
| 448 | Mobile Networks. | ||
| 449 | When you access the Disney Products through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. | ||
| 450 | Downloading, installing or using certain Products may be prohibited or restricted by your network provider and not all Products may work with your network provider or device. | ||
| 451 | E. | ||
| 452 | Consent to Messages. | ||
| 453 | When you use the Disney Products, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. | ||
| 454 | Standard text and calling rates will apply. | ||
| 455 | You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. | ||
| 456 | You can opt out of promotional communications by following the “Unsubscribe” directions for emails, through the settings of the Disney Product, or, if via text message, by responding STOP. | ||
| 457 | YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE DISNEY PRODUCTS. | ||
| 458 | F. | ||
| 459 | App Permissions. | ||
| 460 | When you use the Disney Products, you may grant certain permissions to us for your device and/or accounts. | ||
| 461 | Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. | ||
| 462 | By downloading, installing or using the Disney Products, you agree to receive automatic software updates (as applicable). | ||
| 463 | G. | ||
| 464 | Informational and Entertainment Purposes. | ||
| 465 | You understand that the Disney Products are for your personal, noncommercial use and are intended for informational and entertainment purposes only; the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. | ||
| 466 | H. | ||
| 467 | Commercial, Marketing, or Branding Use Prohibited. | ||
| 468 | Except as expressly licensed, we do not allow uses of the Disney Products, or other Disney intellectual property, that are commercial or business-related, including uses in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). | ||
| 469 | I. | ||
| 470 | Malware. | ||
| 471 | You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Disney Product or connected network, or interfere with any person or entity’s use or enjoyment of any Disney Product. | ||
| 472 | 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 Product or game experience to create an advantage for one user over another. | ||
| 473 | J. | ||
| 474 | Simulated Activity. | ||
| 475 | You understand that to support smooth operation of the Disney Products across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays. | ||
| 476 | K. | ||
| 477 | Affiliate Advertising Programs. | ||
| 478 | Disney is a participant in affiliate advertising programs designed to provide a means for websites, apps, or services to earn advertising fees by advertising and linking to third party retail sites. 4. | ||
| 479 | PAID TRANSACTIONS A. | ||
| 480 | Identity of Seller. | ||
| 481 | Sales are made by Disney or the authorized seller identified at the time of sale, if different. | ||
| 482 | If you have questions about your order, please contact the seller at the address provided and they will assist you. | ||
| 483 | Some digital storefronts on the Disney Products 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. | ||
| 484 | B. | ||
| 485 | Digital Content and Virtual Items. | ||
| 486 | We may make applications, games, software or other digital content available on the Disney Products or through authorized third parties for you to license for a one-time fee. | ||
| 487 | When purchasing a license to access such material from a Disney Product, charges will be disclosed to you before you complete the license purchase. | ||
| 488 | 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 as intended by the Disney Products with no right to reproduce, distribute, communicate to the public, make available to the public or transform any Disney Product via any online media, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Disney Product). | ||
| 489 | Virtual items (including characters and character names) or in-game currency purchased or available to you in the Disney Products can only be used in connection with the Disney Products where you obtained them or where they were assembled by you as a result of game play. | ||
| 490 | These items are not redeemable or subject to refund and cannot be traded outside of the Disney Products for money or other items for value. | ||
| 491 | We may modify or discontinue virtual items or in-game currency at any time. | ||
| 492 | C. | ||
| 493 | Digital Movie Codes. | ||
| 494 | Digital codes originally packaged in a combination disc + code package (a package that includes a DVD, Blu-Ray, and/or 4K/UHD disc(s) and a digital code) may not be sold separately and may be redeemed only by an individual who obtains the code in the original combination disc + code package, or by a family member of that individual. | ||
| 495 | Digital codes are not authorized for redemption if sold separately. | ||
| 496 | You may use digital movie codes to obtain licensed access to digital movies only as specifically authorized under this Agreement and the terms and conditions of the participating provider of digital content through which you access or download the digital movie. | ||
| 497 | Digital movie codes sold, distributed, purchased, or transferred in a manner inconsistent with this Agreement are subject to being invalidated. | ||
| 498 | Digital Movie Code Returns. | ||
| 499 | If you do not agree to the above terms and conditions for redeeming a digital movie code obtained by you or a family member in an original combination disc + code package, you may return the combination disc + code package to Disney for a refund subject to the conditions provided at this link . | ||
| 500 | D. | ||
| 501 | Subscriptions. | ||
| 502 | Some Disney Products require paid subscriptions and the acceptance of supplemental terms to access. | ||
| 503 | By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. | ||
| 504 | You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. | ||
| 505 | The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. | ||
| 506 | 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, in which case you will have the right to cancel the renewal of your subscription. | ||
| 507 | From time to time, we may offer a free trial subscription for a Disney Product. | ||
| 508 | 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. | ||
| 509 | Unless otherwise disclosed when you subscribe, you have the right to cancel your Disney Product subscription . | ||
| 510 | When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the Disney Products until the end of the term during which you canceled the subscription. | ||
| 511 | If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Disney Product prior to the date of cancellation. | ||
| 512 | If you pay a periodic subscription fee for a Disney Product, 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. | ||
| 513 | If you subscribed online, we will give you the option of cancelling the subscription online. | ||
| 514 | E. | ||
| 515 | The Order Process. | ||
| 516 | You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. | ||
| 517 | 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. | ||
| 518 | At such time, the contract for sale will be made and become binding on both you and us. | ||
| 519 | The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered. | ||
| 520 | We reserve the right to refuse or cancel any order prior to delivery. | ||
| 521 | 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. | ||
| 522 | We also may require additional verification or information before accepting an order. | ||
| 523 | We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. | ||
| 524 | If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment. | ||
| 525 | F. | ||
| 526 | Payments and Billing. | ||
| 527 | 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. | ||
| 528 | We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards. | ||
| 529 | G. | ||
| 530 | Right of Cancellation; Return of Goods. | ||
| 531 | You may have the right to cancel an order placed for a Disney Product – depending on the nature of the Disney Product. | ||
| 532 | Please read the following information carefully so you understand your right of cancellation. | ||
| 533 | If you wish to cancel, you must do so by following the cancellation instructions for the particular Disney Product. | ||
| 534 | A sample cancellation form is available here . i. : Please see the information above on the process for cancelling subscriptions in our Subscriptions section, above. ii. : 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. | ||
| 535 | By consenting to delivery, you acknowledge that you have lost the right to cancel. | ||
| 536 | License purchase fees paid for digital content are non-refundable. iii. : 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. | ||
| 537 | This right does not apply to goods stated by us on the Disney Products to be non-returnable, including but not limited to: • Any products with a seal, where the seal is broken, such as audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been supplied in sealed packaging; and • Personalized items. iv. : We reserve the right to refuse personalized orders at our discretion. | ||
| 538 | Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded. | ||
| 539 | These cancellation rights are separate from and in addition to your rights should any item we supply be faulty. | ||
| 540 | 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 used the goods. | ||
| 541 | H. | ||
| 542 | Pricing; Taxes. | ||
| 543 | We may revise the pricing for the Disney Products we offer. | ||
| 544 | When you place your order, we estimate the applicable tax and include that estimate in the total for your convenience. | ||
| 545 | Except to the extent required under applicable tax laws, 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. | ||
| 546 | I. | ||
| 547 | International Shipping; Customs. | ||
| 548 | 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. | ||
| 549 | These and any additional charges for customs clearance must be borne by you. | ||
| 550 | 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). | ||
| 551 | You are responsible for assuring the goods can be lawfully imported to the destination country. | ||
| 552 | When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country. | ||
| 553 | J. | ||
| 554 | Gift Cards. | ||
| 555 | Disney gift cards may be offered for purchase and/or redemption in connection with certain Disney Products, subject to additional terms of service . | ||
| 556 | The risk of loss and title for gift cards passes to you at the time of electronic transmission or delivery to the carrier. | ||
| 557 | Gift cards may be redeemed at eligible locations and for eligible products and services. | ||
| 558 | Please review the gift card FAQ ’s for more information. 5. | ||
| 559 | CONTESTS, SWEEPSTAKES AND PROMOTIONS Contests, sweepstakes and other similar promotions that you enter on a Disney Product or in connection with Disney Products integrated with a third-party website, service, application, platform, and/or content (“Disney Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Disney Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. | ||
| 560 | If you wish to participate in any Disney Promotion, please first review the applicable official rules and/or conditions. | ||
| 561 | If a Disney Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Disney Promotion. | ||
| 562 | Your entry to a Disney Promotion constitutes User Generated Content ( as defined in Section 7 below ) and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content. 6. | ||
| 563 | DISCLAIMERS AND LIMITATION ON LIABILITY THE DISNEY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. | ||
| 564 | PLEASE REFER TO THE HELP SECTION OF THE APPLICABLE DISNEY PRODUCT FOR ASSISTANCE IF A DISNEY PRODUCT IS NOT WORKING PROPERLY. | ||
| 565 | It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with the Disney Products. | ||
| 566 | We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement. | ||
| 567 | We are not liable for business losses. | ||
| 568 | We only supply products for your personal, noncommercial, and domestic use. | ||
| 569 | If you use the products for any other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss. | ||
| 570 | WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE DISNEY PRODUCT(S), OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS. | ||
| 571 | 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. | ||
| 572 | 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). 7. | ||
| 573 | SUBMISSIONS, USER GENERATED CONTENT, DMCA TAKEDOWN NOTICES A. | ||
| 574 | Submissions and Unsolicited Ideas Policies. | ||
| 575 | Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. | ||
| 576 | 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. | ||
| 577 | B. | ||
| 578 | User Generated Content. | ||
| 579 | The Disney Products may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries or other content (“User Generated Content”), which may be accessible and viewable by the public. | ||
| 580 | Access to these features may be subject to age restrictions. | ||
| 581 | Whether a Disney Product made available by us or in connection with Disney Products appears on a Disney website, service and/or platform or is integrated with a third-party website, service, application, and/or platform, 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. | ||
| 582 | In most instances, we do not claim ownership of 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 for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, 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 Products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. | ||
| 583 | You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the Disney Products in connection with the submission, or arising from it). | ||
| 584 | You represent and warrant that your User Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, 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 this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of this Agreement. | ||
| 585 | You also agree to waive and 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 to waive and not to enforce from others who may possess such rights. | ||
| 586 | 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 the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Disney Products and on third party sites and platforms. | ||
| 587 | If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void. | ||
| 588 | We may monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Disney Product, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. | ||
| 589 | We may terminate your account and access to the Disney Products if your User Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. | ||
| 590 | We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users. | ||
| 591 | C. | ||
| 592 | Claims of Copyright Infringement. | ||
| 593 | Notifications of claimed copyright infringement and counter notices must be sent to our designated agent: Attn: TWDC Designated Agent The Walt Disney Company 500 South Buena Vista Street Burbank, California 91521, USA Phone: +1 818-560-1000 Fax: +1 818-560-4299 Email: designated.agent@dig.twdc.com We are only able to accept notices in the languages in which this Agreement is made available by us. | ||
| 594 | We will respond expeditiously to claims of copyright infringement committed using the Disney Products that are reported to our designated copyright agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. | ||
| 595 | With respect to Disney Products hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here . 8. | ||
| 596 | BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND DISNEY THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. | ||
| 597 | You and Disney agree to resolve, by binding individual arbitration as provided below, all Disputes (including any related disputes involving The Walt Disney Company, its subsidiaries, or its affiliates) except for: (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and Disney concerning the Disney Products or this Agreement, or this exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable. | ||
| 598 | YOU AND DISNEY AGREE TO WAIVE CLASS ACTION PROCEDURES. | ||
| 599 | Neither you nor Disney will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. | ||
| 600 | You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. | ||
| 601 | No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings. | ||
| 602 | If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court. | ||
| 603 | A. | ||
| 604 | Small Claims Court. | ||
| 605 | Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. | ||
| 606 | If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. | ||
| 607 | At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent. | ||
| 608 | B. | ||
| 609 | Informal Dispute Resolution. | ||
| 610 | In the event of a Dispute, you and Disney agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. | ||
| 611 | Except for those Disputes eligible to be resolved in small claims court or relating to the ownership or enforcement of intellectual property rights, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. | ||
| 612 | You must send any notice of a Dispute to Disney, 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal. | ||
| 613 | We will send any notice of a Dispute to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your Disney account. | ||
| 614 | You and Disney will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. | ||
| 615 | This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Disney (the “Conference”). | ||
| 616 | If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. | ||
| 617 | Disney will participate in the Conference through one or more representatives, which may include our counsel. | ||
| 618 | After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. | ||
| 619 | Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. | ||
| 620 | Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. | ||
| 621 | C. | ||
| 622 | Arbitration Process and Rules. | ||
| 623 | If you and Disney do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration. | ||
| 624 | The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. | ||
| 625 | Any demand for arbitration must be filed with ADR Services, Inc. | ||
| 626 | (“ADR Services”) (https://www.adrservices.com/). | ||
| 627 | If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/). | ||
| 628 | The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. | ||
| 629 | The arbitration will be conducted by a single, neutral arbitrator. | ||
| 630 | Arbitration may be conducted in person, through the submission of documents, by phone, or online. | ||
| 631 | Proceedings that cannot be conducted through the submission of documents, by phone, or online will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in Los Angeles or the borough of Manhattan would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area. | ||
| 632 | You and Disney agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. | ||
| 633 | The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim. | ||
| 634 | D. | ||
| 635 | Fees. | ||
| 636 | If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. | ||
| 637 | If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. | ||
| 638 | ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/ . | ||
| 639 | NAM permits any person to request information as to fees for its services at https://www.namadr.com/info-request-form/?request_type=Standard_Fees_and_Costs. | ||
| 640 | If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule. | ||
| 641 | E. | ||
| 642 | Settlement Offers and Offers of Judgment. | ||
| 643 | At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. | ||
| 644 | If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. | ||
| 645 | If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. | ||
| 646 | If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer. | ||
| 647 | F. | ||
| 648 | Arbitration Agreement Survival. | ||
| 649 | This arbitration agreement will survive the termination of your relationship with Disney, including any revocation of consent or other action by you to end your engagement with or use of any Disney Products or any communication with us. | ||
| 650 | G. | ||
| 651 | Opt-out. | ||
| 652 | You may opt out of this arbitration agreement via mail. | ||
| 653 | If you do so, neither party can force the other party to arbitrate. | ||
| 654 | To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise you shall be bound to arbitrate Disputes on a non-class basis in accordance with this Agreement. | ||
| 655 | If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. | ||
| 656 | You may not opt out of only the class action waiver and not also the arbitration provisions. | ||
| 657 | Your opt-out notice must include your name and address, the email address you used to set up your Disney account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). | ||
| 658 | You must mail your opt-out notice to P.O. Box 11565, Burbank, California 91510, USA, Attention: Disney Opt-Out. | ||
| 659 | For clarity, opt-out notices submitted via email will not be effective. | ||
| 660 | If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. | ||
| 661 | We thank you for understanding why it is important that we agree on the process for addressing disputes. 9. | ||
| 662 | ADDITIONAL PROVISIONS A. | ||
| 663 | Choice of Forum. | ||
| 664 | You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in either Los Angeles, California or 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. | ||
| 665 | B. | ||
| 666 | Choice of Law. | ||
| 667 | This Agreement is 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. | ||
| 668 | C. | ||
| 669 | Severability. | ||
| 670 | If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. | ||
| 671 | D. | ||
| 672 | Survival. | ||
| 673 | The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Section 2, 3, 6, 7 and 8 as well as the general provisions in this Section 9. | ||
| 674 | E. | ||
| 675 | Waiver. | ||
| 676 | No waiver of any provision of this Agreement 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 this Agreement shall not constitute a waiver of such right or provision. | ||
| 677 | Print PRIVACY POLICY Last Modified: 09/30/2025 SCOPE OF THIS POLICY This privacy policy describes the processing of information provided or collected on the sites and applications where this privacy policy is posted, whether on our digital properties or on applications we make available on third-party sites or platforms. | ||
| 74 | The Walt Disney Company brands include, among others, the following: - ABC Entertainment - ABC News - Adventures by Disney - Aulani, a Disney Resort & Spa - Bamtech Media - Bindass - Buena Vista Catalog Company (including Disney Movie Club) - D23 | The Official Disney Fan Club - Disney Baby - Disney Channels & DisneyNOW - Disney Cruise Line - Disney Digital Network - Disney Family Movies - Disney Movie Insiders - Disney on Broadway - Disney on Ice and Disney Live! - Disney PhotoPass Service - Disney Rewards Visa Card - Disney Store - Disney Vacation Club - Disney+ - Disneyland Paris - Disneyland Resort - DisneyLife - El Capitan Theatre - ESPN - ESPN CricInfo - ESPN Deportes - ESPN+ - FiveThirtyEight - Freeform - FX Networks - Genx Entertainment Limited - Hollywood Records - Hulu - Hungama TV - Lucasfilm (Star Wars) - Marvel - Marvel Shop - Marvel Digital Comics - Muppets - National Geographic - Pixar Animation Studios - Radio Disney - Read Riordan - The Undefeated - 30 for 30 Podcasts - United Home Entertainment Private Limited - UTV Software Communication Limited - Walt Disney Pictures - Walt Disney Studios Home Entertainment - Walt Disney World Resort | 751 | The Walt Disney Company brands include, among others, the following: - ABC Entertainment - ABC News - Adventures by Disney - Aulani, a Disney Resort & Spa - Bamtech Media - Bindass - Buena Vista Catalog Company (including Disney Movie Club) - D23 | The Official Disney Fan Club - Disney Baby - Disney Channels & DisneyNOW - Disney Cruise Line - Disney Digital Network - Disney Family Movies - Disney Movie Insiders - Disney on Broadway - Disney on Ice and Disney Live! - Disney PhotoPass Service - Disney Rewards Visa Card - Disney Store - Disney Vacation Club - Disney+ - Disneyland Paris - Disneyland Resort - DisneyLife - El Capitan Theatre - ESPN - ESPN CricInfo - ESPN Deportes - ESPN+ - FiveThirtyEight - Freeform - FX Networks - Genx Entertainment Limited - Hollywood Records - Hulu - Hungama TV - Lucasfilm (Star Wars) - Marvel - Marvel Shop - Marvel Digital Comics - Muppets - National Geographic - Pixar Animation Studios - Radio Disney - Read Riordan - The Undefeated - 30 for 30 Podcasts - United Home Entertainment Private Limited - UTV Software Communication Limited - Walt Disney Pictures - Walt Disney Studios Home Entertainment - Walt Disney World Resort Print YOUR US STATE PRIVACY RIGHTS Last Modified: 06/30/2026 This notice contains additional information relevant to residents of certain US states (including, as of January 1, 2026: California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia) that have their own data privacy laws and regulations, and associated rights. |
| 752 | Except where otherwise noted, this notice applies to residents of all US States listed above. | ||
| 753 | This notice contains specific disclosures about our processing of certain states’ residents’ personal information , both online and offline, explains privacy rights available to such residents and how to exercise them , provides our “ Notice Regarding Loyalty Programs and Financial Incentives ,” and identifies how you can contact us . | ||
| 754 | This notice should be read in conjunction with our Privacy Policy . | ||
| 755 | More information on who we are, the categories of personal information processed by The Walt Disney Family of Companies, the purposes for processing that information, including for targeted advertising, the categories of third parties with whom we share that information, the categories of personal information we share/sell to third parties, which may include any of the categories of information we collect, a description of our retention policies for personal data, the process for notifying you about changes to this notice, and how to contact us can be found in our Privacy Policy sections “ Who We Are ,” “ Types of Information We Collect ,” “ Use of Your Information by the Walt Disney Family of Companies ,” “ Sharing Your Information With Other Entities ,” “ Our Data Security, Integrity, and Retention Policies and Practices ,” “ Changes to This Privacy Policy ,” and “ Comments and Questions .” Any terms not defined in this notice have the same meaning as our Privacy Policy. | ||
| 756 | Notice at Collection This “Notice at Collection” provides certain disclosures about our collection, processing, sharing, selling, targeted advertising, and retention of certain states’ residents’ personal information, including in the past 12 months. | ||
| 757 | Categories of Personal Information The personal information we collect is described in the “ Type of Information We Collect ” section of our Privacy Policy, which specifically includes the following categories of personal information (as defined in applicable laws), including sensitive personal information (as defined in applicable laws): Identifiers, such as name, email address, username and password, postal address, telephone number, signature, government-issued identifier, license plate number, IP address, and other similar identifiers. | ||
| 758 | Characteristics of protected classifications and demographic information, such as gender, age, race, disability status, sexual orientation, gender identity, military/veteran status, marital status, national origin, and medical information. | ||
| 759 | Commercial information, including information about your interests and consuming history or tendencies, such as products or services considered; transaction information when you request information, contact Guest Services, or purchase, return, request or exchange a product or service, including payment card information or other financial information; information provided in response to surveys or other research conducted on our behalf; and information you provide in public forums. | ||
| 760 | Internet or other electronic network activity information, including information regarding your interactions with us online and information we obtain from third parties about use of our applications on third-party platforms or devices. | ||
| 761 | Geolocation data, including precise or approximate location information provided by a mobile device or other device or product interacting with or detected by our sites, applications, or physical properties, where we are permitted by law to process this information. | ||
| 762 | Audio, electronic, visual, or similar information, including telephone call recordings, other voice recordings, and still or video images captured by cameras or readers on or around our physical properties. | ||
| 763 | Inferences based on the above. | ||
| 764 | Categories of Sources of Personal Information As further described in the “ How We Collect Your Information ” section of our Privacy Policy, the sources from which we collect personal information are: directly from our guests, third-party sites or platforms that you link with your registration account, analytics tools, social networks, advertising networks, and third-party services that update or supplement information we hold about you (e.g., from trusted sources, such as data providers). | ||
| 765 | Purposes for Which Personal Information is Collected, Processed, and Disclosed We collect personal information so that we can best serve you, including to fulfill your requests and to share offers or information that we think you may be interested in. | ||
| 766 | As further described in the “ Use of Your Information by The Walt Disney Family of Companies ” section in our Privacy Policy, we generally collect and use the above-listed categories of personal information for the following purposes: to provide and manage our sites, applications, products, and services, and for other business or commercial purposes, such as advertising, marketing, and to improve our products and services. | ||
| 767 | To accomplish these purposes, we specifically disclose certain data elements within the following categories of personal information: identifiers, demographic information, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. | ||
| 768 | We disclose each category to business partners, service providers/processors, government entities, and other third parties as described in the “ Sharing Your Personal Information With Other Entities ” section of our Privacy Policy. | ||
| 769 | As described above, we may process “sensitive personal information” (as defined by applicable law), including information revealing race; ethnicity; racial, ethnic, or national origin; citizenship; immigration status; religious beliefs; mental or physical condition or health diagnosis; sexuality; sexual orientation; status as transgender or non-binary; status as a victim of a crime; genetic data; biometric information; a child’s personal information; and precise geolocation. | ||
| 770 | We do not sell or share this information and we do not collect, use, or disclose sensitive personal information for purposes other than those permitted by applicable laws, including Section 7027(m) of the California Consumer Privacy Act regulations. “Selling,” “Sharing,” or Processing Personal Information for “Targeted Advertising” Certain data collection and disclosures related to you and your activity on our sites and applications, such as by third parties for purposes of interest-based advertising and social media tools may, be a “sale” or “sharing” or constitute “targeted advertising” under applicable privacy laws. | ||
| 771 | As defined by such laws, we “sold” or “shared” or processed for “targeted advertising” certain data elements within the following categories of personal information: identifiers, demographic information, commercial information, Internet or other electronic network activity information, approximate geolocation, and inferences drawn from the above. | ||
| 772 | We “sold,” “shared,” or disclosed for the purpose of “targeted advertising,” each category to business partners and other third parties as described in the “ Sharing Your Personal Information With Other Entities ” section of our Privacy Policy, including those who provide advertising, marketing, analytics, data augmentation, or audience measurement; other online third-party branded tools or functionality (such as maps or video players); and social networks. | ||
| 773 | The purposes for which we “sell,” “share,” or process your personal information for “targeted advertising” are to assist us with advertising, marketing, audience measurement, and other functionality on our digital properties as further described in the “ Use of Your Information by the Walt Disney Family of Companies ” section of our Privacy Policy. | ||
| 774 | We do not “sell,” “share,” or process for “targeted advertising” the personal information of known minors under 18 years of age. | ||
| 775 | If you would like to opt out of “targeted advertising” or the “sale” or “sharing” of your personal information, you may click the “Do Not Sell or Share My Personal Information” or “Your Privacy Choices” link in our website footers or in our application settings. | ||
| 776 | If you are logged in, we may be able to associate your choice with your account and apply it to data sharing occurring through the digital property which you are visiting (across your browsers and devices) as well as other digital properties of The Walt Disney Family of Companies. | ||
| 777 | You can confirm the status of your choice or opt out or in by clicking “Do Not Sell or Share My Personal Information” or “Your Privacy Choices” on each property. | ||
| 778 | If you are not logged in, your opt-out will be specific to the property and device or browser on which you made your election. | ||
| 779 | For our other digital properties, to opt out, select “Do Not Sell or Share My Personal Information” or “Your Privacy Choices” on each. | ||
| 780 | If you clear your tracking history or use another browser or device, you’ll need to opt out again. | ||
| 781 | You can also submit this opt-out form , which may enable us to apply your opt-out more broadly, for example, to stop data sharing in connection with advertising intended to reach you on platforms not operated by Disney (e.g., social media platforms).You may enable online, where available, a universal tool that automatically communicates your opt-out, such as Global Privacy Control (“GPC”), which we’ll process as if you had opted out through the toggle. | ||
| 782 | Timeframe for Retaining Personal Information We retain each category of personal information that we collect for as long as necessary to fulfill the purposes described in our Privacy Policy , including to satisfy legal or reporting requirements. | ||
| 783 | What this means in practice will vary for different types of information, but the criteria assessed in the data retention analysis take into account ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations. | ||
| 784 | More information, including a description of your legal rights, can be found in the “Privacy Rights” section below. | ||
| 785 | Privacy Rights Residents of certain US States (including, as of January 1, 2026: California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia) have rights relating to the collection, use, disclosure, and other processing of their personal information, subject to applicable legal exceptions and requirements. | ||
| 786 | The exact scope of these rights may vary by state: Right to Know/Access You may have the right to know what personal information we have collected about you, including the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, “selling,” or “sharing” personal information or processing for “targeted advertising,” the categories of third parties to whom we disclose personal information, the categories of personal information disclosed to third parties, and the specific pieces of personal information we have collected about you in a usable format. | ||
| 787 | Right to Data Portability. | ||
| 788 | You have the right to access your personal information in a portable format. | ||
| 789 | Right to Delete You have the right to request that we delete the personal information we have collected from or about you. | ||
| 790 | Right to Correct You have the right to request that we correct inaccurate personal information that we maintain about you. | ||
| 791 | Right to Opt Out of Targeted Advertising, Sale, or Sharing of Personal Information You have the right to “opt out” of “targeted advertising” and the “sale” or “sharing” of your personal information. | ||
| 792 | Right to Request Categories of Third Parties You have the right to request a list of the categories of third parties to which we have disclosed your personal information. | ||
| 793 | Right to Request Specific List of Third Parties (MN, OR, and RI Residents only) You have the right to request a list of the specific third parties to which we have disclosed or sold or may disclose or sell personal information. | ||
| 794 | Right to Appeal Certain states permit you the right to appeal a decision we have made in connection with your privacy rights request. | ||
| 795 | Right to Non-Discrimination You have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise your rights. | ||
| 796 | However, the exercising of the rights described below may result in a different price, rate, or quality/level of product or service where that difference is reasonably related to the impact the right has on our relationship with you or is otherwise permitted by law. | ||
| 797 | Right to Request Removal of Content (CA Residents only) California residents under the age of 18 may make requests to remove content. | ||
| 798 | Shine the Light Requests (CA Residents only) You have the right to request information under the Shine the Light Act. | ||
| 799 | Exercising Your Privacy Rights Making a Request to Know, Access, Delete, or Correct Your Personal Information or Request a List of Categories or Specific Third Parties To make a request to know, access, delete, or correct, or to request a list of categories or specific third parties, please visit usprivacy.disney.com . | ||
| 800 | To submit a request by phone, you may call (877) 466-6669. | ||
| 801 | Before completing your request, we may need to verify your identity. | ||
| 802 | We will send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity. | ||
| 803 | Making Requests to Opt Out of Targeted Advertising or the Sale or Sharing of Personal Information To submit a request to “opt out” of “targeted advertising” or the “sale” or “sharing” of your personal information you may click on the “Do Not Sell or Share My Personal Information” or “Your Privacy Choices” link in our website footers or in our application settings. | ||
| 804 | You can also submit this opt-out form , which may enable us to apply your opt-out more broadly, for example, to stop data sharing in connection with advertising intended to reach you on platforms not operated by Disney (e.g., social media platforms). | ||
| 805 | You may also enable online, where available, a universal tool that automatically communicates your opt-out, such as GPC, which we’ll process as if you had opted out through the toggle. | ||
| 806 | Right to Use an Authorized Agent to Make Requests Certain states permit you to use an authorized agent to submit a request to know or an access, deletion, correction or opt out request on your behalf. | ||
| 807 | Authorized agents may submit such requests at usprivacy.disney.com/agents . | ||
| 808 | Authorized agents can make a request on your behalf if we are provided with verification of your identity and confirmation that you provided the agent authority to act on your behalf. | ||
| 809 | Requests for Removal of Content California residents under the age of 18 may make requests to remove content by sending an email with a detailed description of the specific content or information to be removed to usprivacy@twdc.com. | ||
| 810 | Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested. | ||
| 811 | Shine the Light Requests To make a request for information under the Shine the Light Act, please send an email to usprivacy@twdc.com Right to Appeal To appeal, you may email us at usprivacy@twdc.com. | ||
| 812 | If you are unsatisfied with the way that we have handled your appeal, you may have the right to complain to your state’s Attorney General. | ||
| 813 | Privacy Rights Metrics This data reflects all requests received from individuals in the US as well as certain requests from individuals outside of the US between January 1 and December 31, 2025. | ||
| 814 | Click here to see information regarding Hulu’s Privacy Rights Metrics for Requests to Know, Delete, and Correct, which are not incorporated here. | ||
| 815 | Request to Know Requests Received: 1,404 Requests Completed in Whole or in Part: 1,188 Requests Denied*: 216 Average Days to Complete: 9 Request to Delete Requests Received: 20,314 Requests Completed in Whole or in Part: 17,420 Requests Denied*: 2,894 Average Days to Complete: 5 Request to Correct Requests Received: 426 Requests Completed in Whole or in Part: 313 Requests Denied*: 113 Average Days to Complete: 3 Do Not Sell My Personal Information** Requests Received: 2,770,907 Requests Completed in Whole or in Part: 2,770,868 Requests Denied*: 39 Average Days to Complete: 1 * Requests may be denied in whole or in part due to various factors including because a request was not verifiable, was not made by a consumer, was made multiple times, or called for information exempt from disclosure. ** Do Not Sell My Personal Information counts are inclusive of all properties across The Walt Disney Family of Companies (including Hulu). | ||
| 816 | Notice Regarding Loyalty Programs and Financial Incentives Members of The Walt Disney Family of Companies may offer various and different loyalty or promotional programs that provide certain benefits to our guests. | ||
| 817 | For example, we may provide special offers or discounts to our guests as part of certain programs, promotional campaigns, subscriptions, or other offerings. | ||
| 818 | We may also provide discounts when guests sign up to receive marketing messages or when guests claim a specific offer. | ||
| 819 | In this Notice of Financial Incentives, we refer to these various programs and offerings as the “Programs.” Your participation in the Programs is optional. | ||
| 820 | To learn more about the details of our Programs, including the material terms, please visit our Loyalty Programs/Financial Incentives page, where you can review the specific terms of each Program and learn how to opt out at any time in accordance with the applicable terms of each program. | ||
| 821 | If you have any questions or require assistance, please contact us at usprivacy@twdc.com. | ||
| 822 | In general, we collect personal information to support and fulfill the Programs, which could include identifiers, demographic information, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. | ||
| 823 | For additional details on the types of information we may collect, please see our Notice at Collection above or the “Types of Information We Collect” in our Privacy Policy. | ||
| 824 | Because we collect personal information, the Programs may be considered to be “financial incentives” or “price or service differences” under applicable law. | ||
| 825 | We may “sell” or “share” your personal information with third parties or use it for “targeted advertising” in connection with the Programs as described in this notice, including to the categories of third parties described above in our Notice at Collection . | ||
| 826 | If you ask us to delete your personal Information or request to opt-out of “selling,” “sharing,” or “targeted advertising,” we may not be able to provide you with access to these Programs. | ||
| 827 | To the extent the Programs are reasonably related to the value of guest personal information, the method for calculating this value would include the expenses related to our offer (such as the costs of providing discounts, free shipping, or other promotions, intellectual property or marketing costs, and other related expenses). | ||
| 828 | The value of the guest personal information that we collect will vary depending on the engagement by each guest. | ||
| 829 | Contact Information/Questions If you have a question about this notice, or our privacy policies and information practices, please send an email to usprivacy@twdc.com. | ||
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