Disney Terms of Use - United States

DATED 2024-05-24 · VERSION 20260729_rev01 · COMPARED WITH 20221201_rev01

Full text changes — 20221201_rev01 to 20260729_rev01

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+[Spanish - Disney Terms of Use - United States](https://disneytermsofuse.com/spanish-united-states/)
+[If you are in Canada and access products or services from Disney, please go to our Terms of Use for Canada.](https://disneytermsofuse.com/english-canada/)
+[If you are in the UK and access products or services from Disney which are focused on the UK, please go to our Terms of Use for the UK.](https://disneytermsofuse.com/english-united-kingdom/)
+[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/)
+[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/)
+Print[Download](https://disneytermsofuse.com/app/uploads/2022/03/Disney-US-English-Terms-of-Use-060920a22.pdf)
 **Terms of Use - United States**
+**Last Updated: June 9, 2020**
+****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 ("**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.
+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. References to Disney Products also include any elements of the Disney Products.
 PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE DISNEY PRODUCTS. THESE TERMS GOVERN YOUR USE OF THE DISNEY PRODUCTS IN GENERAL. **BY USING THE DISNEY PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.**
+**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.**
+**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. PLEASE READ THE ARBITRATION PROVISION ([SECTION 8. BELOW]()) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.**
 **TABLE OF CONTENTS**
 [1\. These Terms of Use Are a Contract Between You and Us]()
 [2\. License Grant and Restrictions]()
 [3\. Usage Rules]()
 H. Termination or Suspension. 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\. 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.
+A. Consumer License. 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, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Disney Product). This is a license agreement and not an agreement for sale or assignment of any rights in the Disney Products. 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. 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. 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. 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.
+A. Consumer License. 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). This is a license agreement and not an agreement for sale or assignment of any rights in the Disney Products. 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. 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. 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. 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.
+B. Restrictions on Your Use of Disney's Products. You agree that as a condition of your license, you will not:
+B. Restrictions on Your Use of Disney's Products. 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;
 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 Products, whether or not for profit;
+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 or copy, or permit another person or entity to access, monitor or copy, any element of the Disney Products using a robot, spider, scraper or other automated means or manual process without our express written permission;
+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;
+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; and
+xii. use the Disney Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;
+xiii. allow third parties to violate the above restrictions.
 C. Violation. 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.
 D. Export Controls. You may not access or use any Disney Product in violation of [United States export control and economic sanctions requirements](https://www.bis.doc.gov/index.php/exporter-portal). 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\. Usage Rules**
 A. Changes to the Disney Products. The Disney Products are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue Disney Products. If required by law, we may also need to suspend, restrict, or terminate your access to Disney Products.
 B. Third-Party Services or Platforms. The Disney Products may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. 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. However, these third-party beneficiaries are not a party to this contract. 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. You represent to Disney that you have read and agreed to those terms.
 C. Internet, Browser and System Requirements. 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. You are required to review the minimum requirements necessary for use of the specific Product.
+D. Mobile Networks. 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. 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.
+D. Mobile Networks. 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.
+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.
 E. Consent to Messages. 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. Standard text and calling rates will apply. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. 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. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE DISNEY PRODUCTS.
 F. App Permissions. When you use the Disney Products, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. By downloading, installing or using the Disney Products, you agree to receive automatic software updates (as applicable).
 G. Informational and Entertainment Purposes. 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.
+H. Commercial, Marketing, or Branding Use Prohibited. 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 used 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).
+H. Commercial, Marketing, or Branding Use Prohibited. 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).
 I. Malware. 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. 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.
 J. Simulated Activity. 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.
+K. Affiliate Advertising Programs. 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. For further information, please refer to [our Privacy Policy](https://privacy.thewaltdisneycompany.com/en/current-privacy-policy/).
+K. Affiliate Advertising Programs. 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\. Paid Transactions**
 A. Identity of Seller. Sales are made by Disney or the authorized seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some 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.
 B. Digital Content and Virtual Items. 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. When purchasing a license to access such material from a Disney Product, charges will be disclosed to you before you complete the license purchase.
 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.
 PLEASE REFER TO THE HELP SECTION OF THE APPLICABLE DISNEY PRODUCT FOR ASSISTANCE IF A DISNEY PRODUCT IS NOT WORKING PROPERLY. 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.
 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.
+We are not liable for business losses. We only supply products for your personal, non-commercial, and domestic use. 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.
+We are not liable for business losses. We only supply products for your personal, noncommercial, and domestic use. 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.
 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.
 WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
 We are only able to accept notices in the languages in which this Agreement is made available by us.
 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. 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](https://disneytermsofuse.com/english/dmca-notices/).
 ## **8\. BINDING ARBITRATION AND CLASS ACTION WAIVER**
+PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. 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 either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
+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.
+You 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.
+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.
+A. 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.
+YOU AND DISNEY AGREE TO WAIVE CLASS ACTION PROCEDURES.
+B. 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.
+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. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings. 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.
+In 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.
+A. Small Claims Court. 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. 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. 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.
+Except 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.
+B. Informal Dispute Resolution. 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. 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. You must send any notice of a Dispute to Disney, 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal. 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. 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. 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"). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. Disney will participate in the Conference through one or more representatives, which may include our counsel. 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. 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. 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. Arbitration Process and Rules. 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. 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. Any demand for arbitration must be filed with ADR Services, Inc. ("ADR Services") (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation ("NAM") (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator. 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 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. 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 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. Fees. If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. 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. ADR Services sets forth fees for its services, which are available at [https://www.adrservices.com/rate-fee-schedule/](https://www.adrservices.com/rate-fee-schedule/). 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. 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. Settlement Offers and Offers of Judgment. 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. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. 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. 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. Arbitration Agreement Survival. 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.
+G. Opt-out. You may opt out of this arbitration agreement via mail. If you do so, neither party can force the other party to arbitrate. 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. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. 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). You must mail your opt-out notice to P.O. Box 11565, Burbank, California 91510, USA, Attention: Disney Opt-Out. For clarity, opt-out notices submitted via email will not be effective.
+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. We thank you for understanding why it is important that we agree on the process for addressing disputes.
 ## **9\. Additional Provisions**
 A. 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.
 B. Choice of Law. 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.