Disney Terms of Use - United States

DATED 2020-06-09 · VERSION 20200701_rev01 · COMPARED WITH 20200501_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20200501_rev01 to 20200701_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

77[If you are in South Africa and access products or services from Disney which are focused on South Africa, please go to our Terms of Use for South Africa.](https://disneytermsofuse.com/english-south-africa/)
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99[If you are in the Middle East and access products or services from Disney which are focused on the Middle East, please go to our Terms of Use for the Middle East.](https://disneytermsofuse.com/english-middle-east/)
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1111**Terms of Use - United States**
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13**Last Updated: April 14, 2020**
13**Last Updated: June 9, 2020**
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1515Disney 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 ("**Disney Products**" and "**Products**"), which may be branded Disney, ABC, ESPN, Marvel, Pixar, Lucasfilm, FX, Fox Searchlight, 20th Century Fox, National Geographic, or another brand owned or licensed by Disney.
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1717PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DISNEY PRODUCTS. THESE TERMS GOVERN YOUR USE OF ALL OF THE DISNEY PRODUCTS. **BY USING THE DISNEY PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS.** YOUR USE OF THE DISNEY PRODUCTS IS ALSO GOVERNED BY [OUR PRIVACY POLICY](https://privacy.thewaltdisneycompany.com/en/current-privacy-policy/).
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1919**ANY DISPUTE BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION ([SECTION 8. BELOW]()) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.**
213213You and Disney agree to arbitrate, as provided below, all disputes between you (including any related disputes involving The Walt Disney Company, its subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "**Dispute**" includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Disney Products or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Disney empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.
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215215A. In the event of a dispute, you or Disney must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Disney, 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Disney will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
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217217B. 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 before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services ("**JAMS**") in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "**JAMS Rules**"). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. 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 circumstances prevent you from traveling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area. 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. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
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219In accordance with the JAMS Rules, the party initiating the arbitration (either you or Disney) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator's services, we will reimburse you for the filing fees you incurred.
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219221Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by Disney to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Disney Products or this Agreement.
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221223## **9\. Additional Provisions**
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223225A. Choice of Forum. 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.
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