Side-by-side diff
Hulu — owned by The Walt Disney Company — Disney+, ESPN, and Hulu Subscriber Agreement
| Snapshot 2026-05-21 00:05 UTC | Snapshot 2026-11-04 08:20 UTC | ||||
|---|---|---|---|---|---|
| f | 1 | # Disney+, ESPN, and Hulu Subscriber Agreement | f | 1 | # Disney+, ESPN, and Hulu Subscriber Agreement |
| 2 | 2 | ||||
| n | 3 | Updated: February 5, 2026 | n | 3 | Updated: October 22, 2026 |
| 4 | 4 | ||||
| 5 | We welcome you! It is our pleasure to provide the Disney+, ESPN, and Hulu servic | 5 | We welcome you! It is our pleasure to provide the Disney+, ESPN, and Hulu servic | ||
| > | es described below for your personal enjoyment in accordance with this Subscribe | > | es described below for your personal enjoyment in accordance with this Subscribe | ||
| > | r Agreement (herein, the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BECA | > | r Agreement (herein, the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BECA | ||
| > | USE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES. | > | USE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES. | ||
| 6 | 6 | ||||
| n | 7 | For detailed information on how to cancel your subscription, see Section 2(e) be | n | ||
| > | low. | ||||
| 8 | Disney Platform Distribution, Inc., located at 500 South Buena Vista Street, Bur | 7 | For detailed information on how to cancel your subscription, see Section 2(e) be | ||
| > | bank, CA 91521 (“Disney+”), BAMTech, LLC, located at 50 Vandam Street, 9W, New Y | > | low. Disney Platform Distribution, Inc., located at 500 South Buena Vista Street | ||
| > | ork, NY 10013 (“ESPN”), Hulu, LLC, located at 2500 Broadway, 2nd Floor, Santa Mo | > | , Burbank, CA 91521 (“Disney+”), BAMTech, LLC, located at 50 Vandam Street, 9W, | ||
| > | nica, CA 90404, and Hulu Live LLC, located at 1290 Avenue of the Americas, New Y | > | New York, NY 10013 (“ESPN”), Hulu, LLC, located at 2500 Broadway, 2nd Floor, San | ||
| > | ork, NY 10104 (together with Hulu, LLC, “Hulu”) are referred to collectively in | > | ta Monica, CA 90404, and Hulu Live LLC, located at 1290 Avenue of the Americas, | ||
| > | this Agreement as “we”, “us” and “our”. The “Disney+ Service”, “ESPN Service”, a | > | New York, NY 10104 (together with Hulu, LLC, “Hulu”) are referred to collectivel | ||
| > | nd “Hulu Service” include each Service’s respective website, application, video | > | y in this Agreement as “we”, “us” and “our”. The “Disney+ Service”, “ESPN Servic | ||
| > | player and related software, associated content and other services (including, f | > | e”, and “Hulu Service” include each Service’s website(s), application(s), video | ||
| > | or example, ESPN+ and other digital services within the ESPN Service), in any me | > | player(s) and related software, associated content and other services (including | ||
| > | dia format or channel, now known or hereafter devised, and any elements thereof. | > | , for example, ESPN+ and other digital services within the ESPN Service), in any | ||
| > | The Disney+ Service, ESPN Service, and Hulu Service are sometimes referred to i | > | media format or channel, now known or hereafter devised, and any elements there | ||
| > | nterchangeably or collectively in this Agreement as the “Services”. | > | of. The Disney+ Service, ESPN Service, and Hulu Service are sometimes referred t | ||
| > | o interchangeably or collectively in this Agreement as the “Services”. | ||||
| 9 | 8 | ||||
| 10 | You agree to this Agreement, including any agreements or policies incorporated h | 9 | You agree to this Agreement, including any agreements or policies incorporated h | ||
| > | erein by reference, by clicking “Agree & Continue” or any other industry standar | > | erein by reference, by clicking “Agree & Continue” or any other industry standar | ||
| > | d mechanism during the Disney+, ESPN, and/or Hulu registration process, or by ac | > | d mechanism during the Disney+, ESPN, and/or Hulu registration process, or by ac | ||
| > | cessing or using any aspect of the Services. It may be necessary to agree to add | > | cessing or using any aspect of the Services. It may be necessary to agree to add | ||
| > | itional terms and conditions in connection with your use of the Services. If you | > | itional terms and conditions in connection with your use of the Services. If you | ||
| > | do not agree to this Agreement, you may not use the Services. | > | do not agree to this Agreement, you may not use the Services. | ||
| 11 | 10 | ||||
| 38 | 37 | ||||
| 39 | ## 2. SUBSCRIPTION TERMS | 38 | ## 2. SUBSCRIPTION TERMS | ||
| 40 | 39 | ||||
| n | 41 | **a. Service Tier and Other Offerings.** When purchasing your subscription(s) to | n | 40 | **a. Service Tier and Other Offerings.** When purchasing your subscription(s) to |
| > | the Service(s), you may be presented with different plans or options (each a “S | > | the Service(s), you may be presented with different plans or options (each a “S | ||
| > | ervice Tier”). Different Service Tiers or other offerings, such as a Bundle (as | > | ervice Tier”). 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 | > | defined below), may be subject to differences in pricing, usage rules, eligibili | ||
| > | , eligibility, restrictions, features, and device availability. | > | ty, restrictions, features, and device availability. | ||
| 42 | 41 | ||||
| n | 43 | **b. Subscription Billing and Auto-Renewal.** Your subscription(s) to the Servic | n | 42 | **b. Subscription Billing and Auto-Renewal.** Your subscription(s) to the Servic |
| > | e(s) includes enrollment into an ongoing/recurring payment plan for a subscripti | > | e(s) includes enrollment into an ongoing/recurring payment plan for a subscripti | ||
| > | on term and one or more associated billing periods, as disclosed upon purchase. | > | on term and one or more associated billing periods, as disclosed upon purchase. | ||
| > | A “billing period” is the interval of time between each recurring billing date ( | > | A “billing period” is the interval of time between each recurring billing date ( | ||
| > | i.e. the date you are charged). Your “subscription term” is the length of your s | > | i.e. the date you are charged). Your “subscription term” is the length of your s | ||
| > | ubscription. Your subscription(s) will automatically renew at the end of the dis | > | ubscription. Your subscription(s) will automatically renew at the end of the dis | ||
| > | closed subscription term, unless cancelled in accordance with the instructions f | > | closed subscription term, unless cancelled in accordance with the instructions f | ||
| > | or cancellation below. Payment will be charged to your chosen payment method at | > | or cancellation below. Payment will be charged to your chosen payment method at | ||
| > | confirmation of purchase and, unless otherwise disclosed, at the start of every | > | confirmation of purchase and, unless otherwise disclosed, at the start of every | ||
| > | new billing period during your current or renewed subscription term. When you pr | > | new billing period during your current or renewed subscription term. When you pr | ||
| > | ovide a payment method, we may attempt to verify the information you entered by | > | ovide a payment method, we may attempt to verify the information you entered by | ||
| > | processing an authorization hold. We do not charge you in connection with this a | > | processing an authorization hold. We do not charge you in connection with this a | ||
| > | uthorization hold, but your available balance or credit limit may be reduced. If | > | uthorization hold, but your available balance or credit limit may be reduced. If | ||
| > | you change your Service Tier or obtain certain other offerings, such as add-ons | > | you change your Service Tier or obtain certain other offerings, we may prorate | ||
| > | , we may prorate your charges accordingly during the applicable billing period. | > | your charges accordingly during the applicable billing period. To see your next | ||
| > | To see your next recurring billing date or information about your subscription, | > | recurring billing date or information about your subscription, log in to your ac | ||
| > | log in to your account and view your account details. You acknowledge that the t | > | count and view your account details. You acknowledge that the timing of when you | ||
| > | iming of when you are billed may vary, including (i) if your subscription began | > | are billed may vary, including (i) if your subscription began on a day not cont | ||
| > | on a day not contained in a given month (e.g. if you have a monthly subscription | > | ained in a given month (e.g. if you have a monthly subscription and became a pay | ||
| > | and became a paying subscriber on January 31, your payment method would be bill | > | ing subscriber on January 31, your payment method would be billed next on Februa | ||
| > | ed next on February 28), (ii) due to free trials and other promotional offers, g | > | ry 28), (ii) due to free trials and other promotional offers, gift card redempti | ||
| > | ift card redemptions, credits applied, payment failures, or changes in your subs | > | ons, credits applied, payment failures, or changes in your subscription or payme | ||
| > | cription or payment method, or (iii) where variations in billing timing for a Se | > | nt method, or (iii) where variations in billing timing for a Service Tier are di | ||
| > | rvice Tier are disclosed at the time of purchase (e.g. if you purchase a seasona | > | sclosed at the time of purchase (e.g. if you purchase a seasonal subscription, s | ||
| > | l subscription, season start and end dates may impact when you are billed). We m | > | eason start and end dates may impact when you are billed). We may also offer you | ||
| > | ay also offer you the ability to pause your subscription. If you do not cancel b | > | the ability to pause your subscription. If you do not cancel before the end of | ||
| > | efore the end of the pause period, billing will resume automatically. We reserve | > | the pause period, billing will resume automatically. We reserve the right to cha | ||
| > | the right to change our pricing. In the event of a price change, we will attemp | > | nge our pricing. In the event of a price change, we will attempt to notify you i | ||
| > | t to notify you in advance of the change by sending an email to the email addres | > | n advance of the change by sending an email to the email address you have regist | ||
| > | s you have registered for your account. If you do not wish to accept a price cha | > | ered for your account. If you do not wish to accept a price change, you may canc | ||
| > | nge, you may cancel your subscription in accordance with the instructions includ | > | el your subscription in accordance with the instructions included in that email | ||
| > | ed in that email and below. If you do not timely cancel your subscription, your | > | and below. If you do not timely cancel your subscription, your subscription will | ||
| > | subscription will be renewed at the price in effect at the time of the renewal, | > | be renewed at the price in effect at the time of the renewal, without any addit | ||
| > | without any additional action by you, and you authorize us to charge your paymen | > | ional action by you, and you authorize us to charge your payment method for thes | ||
| > | t method for these amounts. We will not be able to notify you of any changes in | > | e amounts. We will not be able to notify you of any changes in applicable taxes. | ||
| > | applicable taxes. You are responsible for all third-party Internet access charge | > | You are responsible for all third-party Internet access charges and taxes in co | ||
| > | s and taxes in connection with your use of the Services. Please check with your | > | nnection with your use of the Services. Please check with your Internet provider | ||
| > | Internet provider for information on possible Internet data usage charges. | > | for information on possible Internet data usage charges. | ||
| 44 | 43 | ||||
| 45 | **c. Free Trials and Promotions.** Your subscription(s) to the Service(s) may in | 44 | **c. Free Trials and Promotions.** Your subscription(s) to the Service(s) may in | ||
| > | clude a free trial. Availability of a free trial is not guaranteed and, if one i | > | clude a free trial. Availability of a free trial is not guaranteed and, if one i | ||
| > | s available, is only available on the specified terms of the free trial. Eligibi | > | s available, is only available on the specified terms of the free trial. Eligibi | ||
| > | lity for free trials may vary based on factors including the Service Tier select | > | lity for free trials may vary based on factors including the Service Tier select | ||
| > | ed, whether you have previously used one for the relevant Service(s), how recent | > | ed, whether you have previously used one for the relevant Service(s), how recent | ||
| > | ly you redeemed a free trial, and whether the Service Tier is part of a combined | > | ly you redeemed a free trial, and whether the Service Tier is part of a combined | ||
| > | offering. Certain limitations may also exist with respect to combining free tri | > | offering. Certain limitations may also exist with respect to combining free tri | ||
| > | als with any other offers. Your first payment will be charged to your chosen pay | > | als with any other offers. Your first payment will be charged to your chosen pay | ||
| > | ment method immediately following the free trial, unless cancelled in accordance | > | ment method immediately following the free trial, unless cancelled in accordance | ||
| > | with the instructions for cancellation below. You can cancel your subscription | > | with the instructions for cancellation below. You can cancel your subscription | ||
| > | at any time before the end of your free trial. We provide notice of the terms of | > | at any time before the end of your free trial. We provide notice of the terms of | ||
| > | the free trial at the time you register and you will not receive a separate not | > | the free trial at the time you register and you will not receive a separate not | ||
| > | ice that your free trial is about to end or has ended, or that your paid subscri | > | ice that your free trial is about to end or has ended, or that your paid subscri | ||
| > | ption has begun, unless expressly required by statute or regulation in particula | > | ption has begun, unless expressly required by statute or regulation in particula | ||
| > | r jurisdictions or instances. We may also offer, in our sole discretion, promoti | > | r jurisdictions or instances. We may also offer, in our sole discretion, promoti | ||
| > | ons (e.g., a promotional price, lower price per billing period, bundled subscrip | > | ons (e.g., a promotional price, lower price per billing period, bundled subscrip | ||
| > | tion, device-specific offer or gift card) subject to promotional terms disclosed | > | tion, device-specific offer or gift card) subject to promotional terms disclosed | ||
| > | during your sign-up or in other materials provided to you. We will begin billin | > | during your sign-up or in other materials provided to you. We will begin billin | ||
| > | g the same payment method we otherwise have on-file for your subscription at the | > | g 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 | > | then-current, non-promotional price after your promotion ends unless you cancel | ||
| > | prior to the end of your promotion or unless otherwise disclosed. | > | prior to the end of your promotion or unless otherwise disclosed. | ||
| 46 | 45 | ||||
| n | 47 | **d. Gift Cards.** We may make available gift cards redeemable for an eligible S | n | 46 | **d. Gift Cards.** We may make available gift cards redeemable for an eligible S |
| > | ervice Tier. Gift cards may not be used in conjunction with, or in addition to, | > | ervice Tier. 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 other | > | any special offer unless the terms of the special offer expressly indicate other | ||
| > | wise. The purchase and redemption of Disney+ gift cards are subject to the Disne | > | wise. The purchase and redemption of Disney+ gift cards are subject to the Disne | ||
| > | y+ Gift Card Terms and Conditions, which you can review at disneyterms.com/usdis | > | y+ Gift Card Terms and Conditions, which you can review at disneyterms.com/usdis | ||
| > | neyplusgiftcard. The purchase and redemption of Hulu gift cards are subject to t | > | neyplusgiftcard . The purchase and redemption of Hulu gift cards are subject to | ||
| > | he Hulu Gift Card Terms and Conditions, which you can review at http://hulu.com/ | > | the Hulu Gift Card Terms and Conditions, which you can review at http://hulu.com | ||
| > | start/gifting_terms . The purchase and redemption of ESPN gift subscription card | > | /start/gifting_terms . The purchase and redemption of ESPN gift subscription car | ||
| > | s are subject to the Terms and Conditions for ESPN Subscription Cards, which you | > | ds are subject to the Terms and Conditions for ESPN Subscription Cards, which yo | ||
| > | can review at: https://disneyterms.com/espnpluscard. The purchase and redemptio | > | u can review at: https://disneyterms.com/espnpluscard . The purchase and redempt | ||
| > | n of Disney gift cards are subject to the Terms and Conditions for Gift Cards, M | > | ion of Disney gift cards are subject to the Terms and Conditions for Gift Cards, | ||
| > | erchandise Credits, and Dining Cards, which you can review at disneygiftcard.com | > | Merchandise Credits, and Dining Cards, which you can review at disneygiftcard.c | ||
| > | /terms/us. | > | om/terms/us. | ||
| 48 | 47 | ||||
| n | 49 | **e. CANCELLATION AND REFUND POLICY.** YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY T | n | 48 | **e. CANCELLATION AND REFUND POLICY.** YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY T |
| > | IME BEFORE THE END OF THE CURRENT BILLING PERIOD, FREE TRIAL OR PROMOTION. CANCE | > | IME BEFORE THE END OF THE CURRENT BILLING PERIOD, FREE TRIAL OR PROMOTION. CANCE | ||
| > | LLATION WILL TAKE EFFECT AT THE END OF THE CURRENT SUBSCRIPTION TERM, FREE TRIAL | > | LLATION 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 B | > | OR PROMOTION UNLESS OTHERWISE DISCLOSED; YOU WILL BE BILLED FOR ANY REMAINING B | ||
| > | ILLING PERIODS IN YOUR SUBSCRIPTION TERM. IF YOU ARE SUBSCRIBED THROUGH A FREE T | > | ILLING PERIODS IN YOUR SUBSCRIPTION TERM. IF YOU ARE SUBSCRIBED THROUGH A FREE T | ||
| > | RIAL, PROMOTIONAL CODE OR OTHER CREDIT, CANCELLATION MAY BE EFFECTIVE IMMEDIATEL | > | RIAL, PROMOTIONAL CODE OR OTHER CREDIT, CANCELLATION MAY BE EFFECTIVE IMMEDIATEL | ||
| > | Y. IF YOU MODIFY YOUR SUBSCRIPTION TO SWITCH FROM ONE SERVICE TO ANOTHER SERVICE | > | Y. IF YOU MODIFY YOUR SUBSCRIPTION TO SWITCH FROM ONE SERVICE TIER TO ANOTHER DU | ||
| > | DURING YOUR BILLING PERIOD, YOU MAY NOT HAVE CONTINUED ACCESS TO YOUR ORIGINAL | > | RING YOUR BILLING PERIOD, YOU MAY NOT HAVE CONTINUED ACCESS TO YOUR ORIGINAL SER | ||
| > | SERVICE. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO 11:59 P.M. EASTERN TIME ON T | > | VICE TIER. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO 11:59 P.M. EASTERN TIME ON | ||
| > | HE DAY BEFORE YOUR SUBSCRIPTION TERM ENDS IN ORDER TO AVOID BEING CHARGED FOR TH | > | THE DAY BEFORE YOUR SUBSCRIPTION TERM ENDS IN ORDER TO AVOID BEING CHARGED FOR | ||
| > | E NEXT SUBSCRIPTION TERM. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE DO NOT REFUND | > | THE NEXT SUBSCRIPTION TERM. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE DO NOT REFU | ||
| > | OR CREDIT FOR PARTIALLY USED SUBSCRIPTION TERMS AND/OR BILLING PERIODS, ALTHOUG | > | ND OR CREDIT FOR PARTIALLY USED SUBSCRIPTION TERMS AND/OR BILLING PERIODS, ALTHO | ||
| > | H WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE AND | > | UGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE A | ||
| > | ABSOLUTE DISCRETION. IF YOUR SUBSCRIPTION IS CANCELED DUE TO FAILED ATTEMPTS TO | > | ND ABSOLUTE DISCRETION. IF YOUR SUBSCRIPTION IS CANCELED DUE TO FAILED ATTEMPTS | ||
| > | CHARGE YOUR PAYMENT METHOD, OR IF YOU SWITCH YOUR BILLING TO A THIRD-PARTY, YOU | > | TO CHARGE YOUR PAYMENT METHOD, OR IF YOU SWITCH YOUR BILLING TO A THIRD-PARTY, Y | ||
| > | MAY FORFEIT ANY CREDITS ASSOCIATED WITH YOUR ACCOUNT. TO CANCEL YOUR DISNEY+ SE | > | OU MAY FORFEIT ANY CREDITS ASSOCIATED WITH YOUR ACCOUNT. TO CANCEL YOUR DISNEY+ | ||
| > | RVICE SUBSCRIPTION, NAVIGATE TO WWW.DISNEYPLUS.COM/ACCOUNT/CANCEL-SUBSCRIPTION , | > | SERVICE SUBSCRIPTION, NAVIGATE TO WWW.DISNEYPLUS.COM/ACCOUNT/CANCEL-SUBSCRIPTION | ||
| > | LOG IN, AND CLICK “CANCEL SUBSCRIPTION”. TO CANCEL YOUR ESPN SERVICE SUBSCRIPTI | > | , LOG IN, AND CLICK “CANCEL SUBSCRIPTION”. TO CANCEL YOUR ESPN SERVICE SUBSCRIP | ||
| > | ON, NAVIGATE TO SECURE.WEB.PLUS.ESPN.COM/COMMERCE/ACCOUNT , LOG IN, SELECT THE S | > | TION, NAVIGATE TO SECURE.WEB.PLUS.ESPN.COM/COMMERCE/ACCOUNT , LOG IN, SELECT THE | ||
| > | UBSCRIPTION YOU WISH TO CANCEL, AND CLICK “CANCEL SUBSCRIPTION”. TO CANCEL YOUR | > | SUBSCRIPTION YOU WISH TO CANCEL, AND CLICK “CANCEL SUBSCRIPTION”. TO CANCEL YOU | ||
| > | HULU SERVICE SUBSCRIPTION, NAVIGATE TO WWW.HULU.COM/ACCOUNT , LOG IN, AND CLICK | > | R HULU SERVICE SUBSCRIPTION, NAVIGATE TO WWW.HULU.COM/ACCOUNT , LOG IN, AND CLIC | ||
| > | “CANCEL”. IF YOU SUBSCRIBED VIA A THIRD PARTY, PLEASE VISIT YOUR APPLICABLE SERV | > | K “CANCEL”. IF YOU SUBSCRIBED VIA A THIRD PARTY, PLEASE VISIT YOUR APPLICABLE SE | ||
| > | ICE’S HELP CENTER FOR INSTRUCTIONS ON HOW TO CANCEL. | > | RVICE’S HELP CENTER FOR INSTRUCTIONS ON HOW TO CANCEL. | ||
| 50 | 49 | ||||
| 51 | **f. Payment Details.** We will keep your detailed payment information, such as | 50 | **f. Payment Details.** We will keep your detailed payment information, such as | ||
| > | credit card number and expiration date, on file. In the event your account or su | > | credit card number and expiration date, on file. In the event your account or su | ||
| > | bscriptions are configured so that you receive separate bills relating to a Bund | > | bscriptions are configured so that you receive separate bills relating to a Bund | ||
| > | le, we may consolidate such bills to reduce the number of separate charges you r | > | le, we may consolidate such bills to reduce the number of separate charges you r | ||
| > | eceive. We may store and allow you to use your payment information for purchases | > | eceive. 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 t | > | across the Services and across The Walt Disney Company, if you have consented t | ||
| > | o such usage. You are responsible for keeping your payment details up-to-date by | > | o such usage. You are responsible for keeping your payment details up-to-date by | ||
| > | changing the details in your account settings. Where your details change or are | > | changing the details in your account settings. Where your details change or are | ||
| > | due to expire, we may obtain or receive from your payment provider updated paym | > | due to expire, we may obtain or receive from your payment provider updated paym | ||
| > | ent details including your card number, expiration date and CVV (or equivalent). | > | ent details including your card number, expiration date and CVV (or equivalent). | ||
| > | This enables us to continue to provide you access to the Services. You authoriz | > | This enables us to continue to provide you access to the Services. You authoriz | ||
| > | e us to continue to charge your card using the updated information. In the event | > | e us to continue to charge your card using the updated information. In the event | ||
| > | of a failed attempt to charge to your primary payment method (e.g. if your paym | > | of a failed attempt to charge to your primary payment method (e.g. if your paym | ||
| > | ent method has expired), we reserve the right to retry billing your payment meth | > | ent method has expired), we reserve the right to retry billing your payment meth | ||
| > | od or, where you have consented, to use any other stored payment method associat | > | od or, where you have consented, to use any other stored payment method associat | ||
| > | ed with your account. If a payment is not successfully authorized due to expirat | > | ed with your account. If a payment is not successfully authorized due to expirat | ||
| > | ion, insufficient funds, or otherwise, we may suspend or terminate your subscrip | > | ion, insufficient funds, or otherwise, we may suspend or terminate your subscrip | ||
| > | tion. You will remain responsible for any amounts you fail to pay in connection | > | tion. You will remain responsible for any amounts you fail to pay in connection | ||
| > | with your subscription, including collection costs, bank overdraft fees, collect | > | with your subscription, including collection costs, bank overdraft fees, collect | ||
| > | ion agency fees, reasonable attorneys’ fees, and arbitration or court costs. You | > | ion agency fees, reasonable attorneys’ fees, and arbitration or court costs. You | ||
| > | also agree that we may charge your payment method on file if you decide to rest | > | also agree that we may charge your payment method on file if you decide to rest | ||
| > | art your subscription to any of the Services. | > | art your subscription to any of the Services. | ||
| 52 | 51 | ||||
| 54 | 53 | ||||
| 55 | **h. Bundled Subscription Options.** We may offer a subscription to the Services | 54 | **h. Bundled Subscription Options.** We may offer a subscription to the Services | ||
| > | bundled with other subscription services, including subscriptions to third-part | > | bundled with other subscription services, including subscriptions to third-part | ||
| > | y products and services, e.g., a wireless plan. Notice of the terms of the bundl | > | y products and services, e.g., a wireless plan. Notice of the terms of the bundl | ||
| > | ed subscription options will be provided to you at the time you register. If a s | > | ed subscription options will be provided to you at the time you register. If a s | ||
| > | ubscription to the Services is offered as part of a bundle with other third-part | > | ubscription to the Services is offered as part of a bundle with other third-part | ||
| > | y products and services, this Agreement will govern your use of the Services and | > | y 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 t | > | any third-party subscriptions, products, and services will be governed by the t | ||
| > | erms of use issued by those third parties. | > | erms of use issued by those third parties. | ||
| 56 | 55 | ||||
| n | 57 | **i. Bundles.** We are pleased to offer eligible subscribers, who are over 18, a | n | 56 | **i. Bundles.** We are pleased to offer eligible subscribers, who are over 18, a |
| > | ccess to certain combinations of two or more of the Disney+ Service, ESPN Servic | > | ccess to certain combinations of two or more of the Disney+ Service, ESPN Servic | ||
| > | e, and the Hulu Service you select (each, when subscribed to in this manner, a “ | > | e, 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 eac | > | Bundled Service”), for a discounted price as compared to the retail price of eac | ||
| > | h plan when purchased separately (each combination, a “ Bundle”). This promotion | > | h plan when purchased separately (each combination, a “Bundle”). This promotiona | ||
| > | al offer may be modified or terminated at any time. Your subscription to a Bundl | > | l offer may be modified or terminated at any time. Your subscription to a Bundle | ||
| > | e may be subject to certain terms and conditions disclosed to you at the time of | > | may be subject to certain terms and conditions disclosed to you at the time of | ||
| > | purchase. Bundles are only available in the United States. | > | purchase. Bundles are only available in the United States. | ||
| 58 | 57 | ||||
| 59 | **j. One-Time Purchases.** We may also offer one-time purchases, including to pa | 58 | **j. One-Time Purchases.** We may also offer one-time purchases, including to pa | ||
| > | y-per-view events and certain Content not otherwise included within your subscri | > | y-per-view events and certain Content not otherwise included within your subscri | ||
| > | ption. You will be charged for these one-time purchases at the time of purchase | > | ption. You will be charged for these one-time purchases at the time of purchase | ||
| > | to your chosen payment method. | > | to your chosen payment method. | ||
| 60 | 59 | ||||
| n | 61 | **k. Service Tiers With or Without Ads.** We offer different Disney+ and Hulu Se | n | 60 | **k. Service Tiers With or Without Ads.** We offer different Service Tiers, some |
| > | rvice Tiers, some with advertisements and some predominantly without. Service Ti | > | with advertisements and some predominantly without. Service Tiers described as | ||
| > | ers described as “no ads” or “ad-free” are generally free of commercial interrup | > | “no ads” or “ad-free” are generally free of commercial interruptions, with certa | ||
| > | tions, with certain exceptions that may change from time to time, including wher | > | in exceptions that may change from time to time, including where: (i) streaming | ||
| > | e: (i) streaming rights or other limitations require certain Content to play wit | > | rights or other limitations require certain Content to play with ads; or (ii) ad | ||
| > | h ads; or (ii) ads are served in certain live or linear Content or special event | > | s are served in certain live or linear Content or special events (and replays th | ||
| > | s (and replays thereof). Additionally, “no ads” or “ad-free” Service Tiers may c | > | ereof). Additionally, “no ads” or “ad-free” Service Tiers may contain limited pr | ||
| > | ontain limited promotional content, such as brief clips about the Bundles (inclu | > | omotional content, such as brief clips about the Bundles (including messages pro | ||
| > | ding messages promoting an upgrade thereto) and other content available on any s | > | moting an upgrade thereto) and other content available on any services associate | ||
| > | ervices associated with the Bundles, and branded content, product integrations, | > | d with the Bundles, and branded content, product integrations, or sponsorship me | ||
| > | or sponsorship messaging. | > | ssaging. | ||
| 62 | 61 | ||||
| 63 | Please note that if you subscribe to multiple (or a bundle of) Service Tiers, Co | 62 | Please note that if you subscribe to multiple (or a bundle of) Service Tiers, Co | ||
| > | ntent from any ad-supported Service Tier will play with ads, while Content from | > | ntent 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). | > | any “no ads” or “ad-free” Service Tier will not (except as described above). | ||
| 64 | 63 | ||||
| 68 | 67 | ||||
| 69 | We may, in our sole discretion, analyze the use of your account to determine com | 68 | We may, in our sole discretion, analyze the use of your account to determine com | ||
| > | pliance with this Agreement. If we determine, in our sole discretion, that you h | > | pliance with this Agreement. If we determine, in our sole discretion, that you h | ||
| > | ave violated this Agreement, we may limit or terminate access to the Service and | > | ave 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 for | > | /or take any other steps as permitted by this Agreement (including those set for | ||
| > | th in Section 6 of this Agreement). | > | th in Section 6 of this Agreement). | ||
| 70 | 69 | ||||
| n | 71 | You will be responsible for any use of your account by your household, including | n | 70 | You will be responsible for any use of your account by your Household, including |
| > | compliance with this section. | > | compliance with this section. | ||
| 72 | 71 | ||||
| n | 73 | **n. Linked Destinations and Advertising.** If we provide links or pointers to o | n | 72 | **n. Linked Destinations and Advertising.** If we provide links or pointers to o |
| > | ther websites or destinations, you should not infer or assume that we operate, c | > | ther websites or destinations, you should not infer or assume that we operate, c | ||
| > | ontrol, or are otherwise connected with these other websites or destinations. Wh | > | ontrol, or are otherwise connected with these other websites or destinations. Wh | ||
| > | en you click on a link within the Services, we will not warn you that you have l | > | en you click on a link within the Services, we will not warn you that you have l | ||
| > | eft the Services and are subject to the terms and conditions (including privacy | > | eft the Services and are subject to the terms and conditions (including privacy | ||
| > | policies) of another website or destination. This Agreement does not govern your | > | policies) of another website or destination. This Agreement does not govern your | ||
| > | use of another website or destination. We are not responsible for the content o | > | use of another website or destination. We are not responsible for the content o | ||
| > | r practices of any website or destination other than the Disney+, ESPN, and Hulu | > | r 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 we | > | Services, even if it links to the Disney+, ESPN and/or Hulu Services and even i | ||
| > | bsite or destination is operated by a company affiliated or otherwise connected | > | f the website or destination is operated by a company affiliated or otherwise co | ||
| > | with Disney+, ESPN and/or Hulu. By using the Services, you acknowledge and agree | > | nnected with Disney+, ESPN and/or Hulu. By using the Services, you acknowledge a | ||
| > | that we are not responsible or liable to you for any content or other materials | > | nd agree that we are not responsible or liable to you for any content or other m | ||
| > | hosted and served from any website or destination other than the Disney+, ESPN, | > | aterials hosted and served from any website or destination other than the Disney | ||
| > | and Hulu site. | > | +, ESPN, and Hulu Services. | ||
| 74 | 73 | ||||
| 75 | **o. Third Party Ads and Services.** We take no responsibility for and do not en | 74 | **o. Third Party Ads and Services.** We take no responsibility for and do not en | ||
| > | dorse any third-party advertisements or any third-party material posted where th | > | dorse any third-party advertisements or any third-party material posted where th | ||
| > | e Services are available, nor do we take any responsibility for the products or | > | e Services are available, nor do we take any responsibility for the products or | ||
| > | services provided by advertisers. Any dealings you have with advertisers while u | > | services provided by advertisers. Any dealings you have with advertisers while u | ||
| > | sing the Services, including through engaging with interactive advertisements, a | > | sing the Services, including through engaging with interactive advertisements, a | ||
| > | re between you and the advertiser, and you agree that we are not liable for any | > | re 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. If you provide any confid | > | loss or claim that you may have against an advertiser. If you provide any confid | ||
| > | ential or personal information or engage in any transaction through an advertise | > | ential or personal information or engage in any transaction through an advertise | ||
| > | ment, we are not responsible for such information or transaction and we encourag | > | ment, we are not responsible for such information or transaction and we encourag | ||
| > | e you to read the terms of use and privacy policy of the advertiser or other par | > | e you to read the terms of use and privacy policy of the advertiser or other par | ||
| > | ty collecting such information or engaging in such transaction. | > | ty collecting such information or engaging in such transaction. | ||
| 76 | 75 | ||||
| 80 | 79 | ||||
| 81 | **a. License.** Within the Territory and subject to the terms and conditions in | 80 | **a. License.** Within the Territory and subject to the terms and conditions in | ||
| > | this Agreement, we grant you a limited, personal use, non-transferable, non-assi | > | this Agreement, we grant you a limited, personal use, non-transferable, non-assi | ||
| > | gnable, revocable, non-exclusive and non-sublicensable right to do the following | > | gnable, revocable, non-exclusive and non-sublicensable right to do the following | ||
| > | : | > | : | ||
| 82 | 81 | ||||
| n | 83 | - Install and make non-commercial, personal use of the Services; and | n | 82 | - install and make non-commercial, personal use of the Services; and |
| 84 | - stream or temporarily download copyrighted materials, including but not limite | 83 | - stream or temporarily download copyrighted materials, including but not limite | ||
| > | d to movies, television shows, other entertainment or informational programming, | > | d to movies, television shows, other entertainment or informational programming, | ||
| > | trailers, bonus materials, images, and artwork (the “Disney+ Content”, “ESPN Co | > | trailers, bonus materials, images, and artwork (the “Disney+ Content”, “ESPN Co | ||
| > | ntent” or “Hulu Content” or, collectively, the “Content”) that are available to | > | ntent” or “Hulu Content” or, collectively, the “Content”) that are available to | ||
| > | you from the Services. References to the Content also include any elements of th | > | you from the Services. References to the Content also include any elements of th | ||
| > | e Content. | > | e Content. | ||
| 85 | 84 | ||||
| 86 | This is a license agreement and not an agreement for sale or assignment of any r | 85 | This is a license agreement and not an agreement for sale or assignment of any r | ||
| > | ights in the Content or the Services. The purchase of a license to stream or tem | > | ights in the Content or the Services. The purchase of a license to stream or tem | ||
| > | porarily download any Content does not create an ownership interest in such Cont | > | porarily download any Content does not create an ownership interest in such Cont | ||
| > | ent. Such Content, including the copyrights, trademarks, service marks, trade na | > | ent. Such Content, including the copyrights, trademarks, service marks, trade na | ||
| > | mes, trade dress and other intellectual property rights in the Content, are owne | > | mes, trade dress and other intellectual property rights in the Content, are owne | ||
| > | d by The Walt Disney Company, its affiliates and/or other licensors, and is prot | > | d by The Walt Disney Company, its affiliates and/or other licensors, and is prot | ||
| > | ected by the copyright laws of the United States, as well as other intellectual | > | ected by the copyright laws of the United States, as well as other intellectual | ||
| > | property laws and treaties. | > | property laws and treaties. | ||
| 122 | 121 | ||||
| 123 | **d. Downloading Content.** The Content may be available for temporary download | 122 | **d. Downloading Content.** The Content may be available for temporary download | ||
| > | for offline viewing on certain Compatible Devices based on your Service Tier or | > | for offline viewing on certain Compatible Devices based on your Service Tier or | ||
| > | type of Content. The number of temporary downloads available for Compatible Devi | > | type of Content. The number of temporary downloads available for Compatible Devi | ||
| > | ces, and the length of time that certain temporary downloads remain available to | > | ces, 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 suc | > | you for offline viewing, may be subject to limitations by Service Tier, and suc | ||
| > | h limitations may change from time to time at our discretion. Please visit your | > | h limitations may change from time to time at our discretion. Please visit your | ||
| > | applicable Service’s Help Center for more information on the limitations on temp | > | applicable Service’s Help Center for more information on the limitations on temp | ||
| > | orary downloads that apply based on your Service Tier or type of Content. | > | orary downloads that apply based on your Service Tier or type of Content. | ||
| 124 | 123 | ||||
| n | 125 | **e. Content Availability.** The Content that we make available via any Service | n | 124 | **e. Content Availability.** The Content that we make available via any Service |
| > | Tier is not guaranteed and may be limited and vary over time, including (i) base | > | is not guaranteed and may be limited and vary over time, including (i) based on | ||
| > | d on rights availability, (ii) based on the terms of your subscription or Servic | > | rights availability, (ii) based on the terms of your subscription or Service Tie | ||
| > | e Tier, (iii) based on your location, or (iv) by law. Certain live Content, incl | > | r, (iii) based on your location, (iv) based on your device type, or (v) by law. | ||
| > | uding sporting events, may be unavailable due to regional blackouts, device-spec | > | Certain Content, including sporting events, may be unavailable due to regional b | ||
| > | ific, or similar restrictions, and certain networks may be unavailable in certai | > | lackouts, device-specific, or similar restrictions, and certain networks may be | ||
| > | n local markets. Generally, your access to individual events or local network af | > | unavailable in certain local markets. Generally, your access to individual event | ||
| > | filiates will be determined by the location of your device at the time you acces | > | s or local network affiliates will be determined by the location of your device | ||
| > | s the Services or, for certain networks (e.g. regional sports networks offered v | > | at the time you access the Services or, for certain networks (e.g. regional spor | ||
| > | ia the Hulu Live Service Tier) by the location of your Home (as defined below). | > | ts networks offered via the Hulu Live Service Tier) by the location of your Home | ||
| > | Blackout and local market restrictions are determined solely by sports leagues a | > | (as defined below). Blackout and local market restrictions are determined solel | ||
| > | nd other parties that control Content rights. We may use different technologies | > | y by sports leagues and other parties that control Content rights. We may use di | ||
| > | and methods to verify your location, and you may be required to enable location | > | fferent technologies and methods to verify your location, and you may be require | ||
| > | sharing on certain devices in order to access this Content. Please visit each Se | > | d to enable location sharing on certain devices in order to access this Content. | ||
| > | rvice’s applicable help center for more information. | > | Please visit each Service’s applicable help center for more information. | ||
| 126 | 125 | ||||
| 127 | **f. “Home” Setting.** If you subscribe to the Hulu Live TV Service Tier, make s | 126 | **f. “Home” Setting.** If you subscribe to the Hulu Live TV Service Tier, make s | ||
| > | ure to designate a residential, non-mobile internet network (“Home”) when you se | > | ure to designate a residential, non-mobile internet network (“Home”) when you se | ||
| > | t your home location as part of the registration and access process. Your Home w | > | t your home location as part of the registration and access process. Your Home w | ||
| > | ill be used to determine which streams are considered “in-home” or “out-of-home” | > | ill be used to determine which streams are considered “in-home” or “out-of-home” | ||
| > | , where relevant to the requirements of your subscription. In addition, for unin | > | , where relevant to the requirements of your subscription. In addition, for unin | ||
| > | terrupted enjoyment of the Hulu Live TV Service Tier, you should access the Serv | > | terrupted enjoyment of the Hulu Live TV Service Tier, you should access the Serv | ||
| > | ices on your mobile device from your Home location every 30 days, or such other | > | ices on your mobile device from your Home location every 30 days, or such other | ||
| > | period described in the Hulu Help Center. | > | period described in the Hulu Help Center. | ||
| 128 | 127 | ||||
| 180 | 179 | ||||
| 181 | Burbank, California 91521-7620, USA | 180 | Burbank, California 91521-7620, USA | ||
| 182 | 181 | ||||
| n | 183 | ESPN+ | n | 182 | ESPN |
| 184 | 183 | ||||
| 185 | Attention: Legal | 184 | Attention: Legal | ||
| 186 | 185 | ||||
| n | 187 | 50 Vandam Street, 9W | n | 186 | ESPN Plaza |
| 188 | 187 | ||||
| n | 189 | New York, NY 10013, USA | n | 188 | Bristol, CT 06010-7454, USA |
| 190 | 189 | ||||
| 191 | Hulu, LLC | 190 | Hulu, LLC | ||
| 192 | 191 | ||||
| 206 | 205 | ||||
| 207 | New York, NY 10104 | 206 | New York, NY 10104 | ||
| 208 | 207 | ||||
| n | 209 | We will send any notice of a Dispute to you at the contact information we have a | n | 208 | We will send any notice of a Dispute to you at the contact information we have a |
| > | vailable for you in connection with your account. You and we will attempt to res | > | vailable for you in connection with your account. You and we will attempt to res | ||
| > | olve a Dispute through informal negotiation within sixty (60) days beginning fro | > | olve a Dispute through informal negotiation within sixty (60) days beginning fro | ||
| > | m the date the notice of a Dispute is sent. This informal negotiation requires a | > | m the date the notice of a Dispute is sent. This informal negotiation requires a | ||
| > | n individual meet–and-confer in person, or via teleconference or videoconference | > | n individual meet–and-confer in person, or via teleconference or videoconference | ||
| > | , that addresses only the Dispute between you and us (the “Conference”). If you | > | , that addresses only the Dispute between you and us (the “Conference”). If you | ||
| > | are represented by counsel, your counsel may participate in the Conference, but | > | are represented by counsel, your counsel may participate in the Conference, but | ||
| > | you will also need to individually participate. Disney+ and/or ESPN and/or Hulu | > | you will also need to individually participate. Disney+ and/or ESPN and/or Hulu | ||
| > | will participate in the Conference through one or more representatives, which ma | > | will participate in the Conference through one or more representatives, which ma | ||
| > | y include our counsel. After the end of the sixty (60) day informal negotiation | > | y 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 resp | > | period and not before, and only after the completion of the Conference with resp | ||
| > | ect to a claim, you or we may commence an arbitration proceeding regarding that | > | ect 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 engagi | > | claim. Nothing in this paragraph is intended to prohibit the parties from engagi | ||
| > | ng in informal communications to resolve the initiating party’s claims before, d | > | ng in informal communications to resolve the initiating party’s claims before, d | ||
| > | uring, or after any Conference or filing in small claims court. Each party agree | > | uring, or after any Conference or filing in small claims court. Each party agree | ||
| > | s that a court may enter injunctive relief to enforce the pre-filing requirement | > | s that a court may enter injunctive relief to enforce the pre-filing requirement | ||
| > | s of this paragraph, including an injunction to stay an arbitration that has bee | > | s of this paragraph, including an injunction to stay an arbitration that has bee | ||
| > | n commenced in violation of this paragraph. **c. Arbitration Process and Rules.* | > | n commenced in violation of this paragraph. | ||
| > | * If you and we do not resolve a Dispute by informal negotiation or in small cla | ||||
| > | ims court, the dispute shall be resolved by binding arbitration. The Federal Arb | ||||
| > | itration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not sta | ||||
| > | te law, governs the interpretation and enforcement of this arbitration agreement | ||||
| > | . Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Service | ||||
| > | s”) (https://www.adrservices.com/). If ADR Services is not available to arbitrat | ||||
| > | e, the arbitration will be conducted by National Arbitration and Mediation (“NAM | ||||
| > | ”) (https://www.namadr.com/). The rules of the arbitral forum will govern all as | ||||
| > | pects of this arbitration, except to the extent those rules conflict with this A | ||||
| > | greement. The arbitration will be conducted by a single, neutral arbitrator. Arb | ||||
| > | itration may be conducted in person, through the submission of documents, by pho | ||||
| > | ne, or online. Proceedings that cannot be conducted through the submission of do | ||||
| > | cuments, 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 fo | ||||
| > | r you; provided, however, that if you can demonstrate that arbitration in Los An | ||||
| > | geles or the borough of Manhattan would create an undue burden to you, the arbit | ||||
| > | rator may hold an in-person hearing in your hometown area. You, Disney+, ESPN, a | ||||
| > | nd Hulu agree to submit to the exclusive jurisdiction of the federal or state co | ||||
| > | urts 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 arbitra | ||||
| > | tion, 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 indi | ||||
| > | vidual claim. **d. Fees.** If we initiate an arbitration against you, we will pa | ||||
| > | y 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 no | ||||
| > | nrefundable initial filing fee and other applicable fees, as required by ADR Ser | ||||
| > | vices or NAM. ADR Services sets forth fees for its services, which are available | ||||
| > | at https://www.adrservices.com/rate-fee-schedule/. NAM permits any person to re | ||||
| > | quest information as to fees for its services at https://www.namadr.com/info-req | ||||
| > | uest-form/?request_type=Standard_Fees_and_Costs. If the arbitrator finds that ei | ||||
| > | ther the substance of a claim or the relief sought violate the representation re | ||||
| > | quirements 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 th | ||||
| > | at rule. **e. Settlement Offers and Offers of Judgment.** At least ten (10) cale | ||||
| > | ndar days before the date set for an arbitration hearing with respect to a Dispu | ||||
| > | te, 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 a | ||||
| > | cceptance shall be submitted to the arbitrator, who shall enter judgment accordi | ||||
| > | ngly. If the offer is not accepted prior to the arbitration hearing or within th | ||||
| > | irty (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 ob | ||||
| > | tain 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 a | ||||
| > | rbitral forum) from the time of the offer. **f. Arbitration Agreement Survival.* | ||||
| > | * This arbitration agreement will survive the termination of your relationship w | ||||
| > | ith Disney+ and/or ESPN and/or Hulu, including any revocation of consent or othe | ||||
| > | r action by you to end your participation in the Services or any communication w | ||||
| > | ith 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 firs | ||||
| > | t becoming subject to this arbitration agreement; otherwise you shall be bound t | ||||
| > | o 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 wa | ||||
| > | iver, the class action waiver still applies. You may not opt out of only the cla | ||||
| > | ss action waiver and not also the arbitration provisions. Your opt-out notice mu | ||||
| > | st include your name and address, the email address you used to set up your acco | ||||
| > | unt, and an unequivocal statement that you want to opt out of this arbitration a | ||||
| > | greement (and, if applicable, that you want to opt out of the class action waive | ||||
| > | r). You must mail your opt-out notice to Disney Opt-Out, P.O. Box 11565, Burbank | ||||
| > | , California, 91510. For clarity, opt-out notices submitted via email will not b | ||||
| > | e effective. If you have questions or concerns about the meaning of any provisio | ||||
| > | n of this arbitration agreement, please feel free to seek the counsel of an atto | ||||
| > | rney. We thank you for understanding why it is important that we agree on the pr | ||||
| > | ocess for addressing disputes. Back to top | ||||
| 209 | |||||
| 210 | **c. Arbitration Process and Rules.** 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. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including it | ||||
| > | s procedural provisions, and not state law, governs the interpretation and enfor | ||||
| > | cement of this arbitration agreement. Any demand for arbitration must be filed w | ||||
| > | ith ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR S | ||||
| > | ervices is not available to arbitrate, the arbitration will be conducted by Nati | ||||
| > | onal Arbitration and Mediation (“NAM”) (https://www.namadr.com/). The rules of t | ||||
| > | he arbitral forum will govern all aspects of this arbitration, except to the ext | ||||
| > | ent those rules conflict with this Agreement. The arbitration will be conducted | ||||
| > | by a single, neutral arbitrator. | ||||
| 211 | |||||
| 212 | 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, Californ | ||||
| > | ia 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 ar | ||||
| > | bitrator may hold an in-person hearing in your hometown area. 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, N | ||||
| > | ew York, New York, whichever is more convenient for you, in order to compel arbi | ||||
| > | tration, to stay proceedings pending arbitration, or to confirm, modify, vacate, | ||||
| > | or enter judgment on the award entered by the arbitrator. The arbitrator may aw | ||||
| > | ard 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 i | ||||
| > | ndividual claim. | ||||
| 213 | |||||
| 214 | **d. Fees.** If we initiate an arbitration against you, we will pay all costs as | ||||
| > | sociated with the arbitration, including the entire filing fee. If you are the p | ||||
| > | arty initiating an arbitration, you will be responsible for the nonrefundable in | ||||
| > | itial 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://ww | ||||
| > | w.adrservices.com/rate-fee-schedule/. NAM permits any person to request informat | ||||
| > | ion as to fees for its services at https://www.namadr.com/info-request-form/?req | ||||
| > | uest_type=Standard_Fees_and_Costs. If the arbitrator finds that either the subst | ||||
| > | ance 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 arbitrat | ||||
| > | or shall have the same power to award sanctions consistent with that rule. | ||||
| 215 | |||||
| 216 | **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 o | ||||
| > | r 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 withdraw | ||||
| > | n and cannot be given as evidence in the arbitration. If an offer made by one pa | ||||
| > | rty is not accepted by the other party, and the other party fails to obtain a mo | ||||
| > | re 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 f | ||||
| > | orum) from the time of the offer. | ||||
| 217 | |||||
| 218 | **f. Arbitration Agreement Survival.** This arbitration agreement will survive t | ||||
| > | he termination of your relationship with Disney+ and/or ESPN and/or Hulu, includ | ||||
| > | ing any revocation of consent or other action by you to end your participation i | ||||
| > | n the Services or any communication with us. | ||||
| 219 | |||||
| 220 | **g. Opt-out.** You may opt out of this arbitration agreement via mail. If you d | ||||
| > | o 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 becomi | ||||
| > | ng subject to this arbitration agreement; otherwise you shall be bound to arbitr | ||||
| > | ate 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, th | ||||
| > | e class action waiver still applies. You may not opt out of only the class actio | ||||
| > | n waiver and not also the arbitration provisions. Your opt-out notice must inclu | ||||
| > | de 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). You | ||||
| > | must mail your opt-out notice to Disney Opt-Out, P.O. Box 11565, Burbank, Califo | ||||
| > | rnia, 91510. For clarity, opt-out notices submitted via email will not be effect | ||||
| > | ive. | ||||
| 221 | |||||
| 222 | If you have questions or concerns about the meaning of any provision of this arb | ||||
| > | itration agreement, please feel free to seek the counsel of an attorney. We than | ||||
| > | k you for understanding why it is important that we agree on the process for add | ||||
| > | ressing disputes. | ||||
| 223 | |||||
| 224 | Back to top | ||||
| 225 | |||||
| 210 | ## 8. ADDITIONAL PROVISIONS | 226 | ## 8. ADDITIONAL PROVISIONS | ||
| 211 | 227 | ||||
| 212 | **a.** We aspire for the Services to provide exceptional sources of entertainmen | 228 | **a.** We aspire for the Services to provide exceptional sources of entertainmen | ||
| > | t for you and your family. You understand and agree that the Content you receive | > | t for you and your family. You understand and agree that the Content you receive | ||
| > | through the Services is intended for informational and entertainment purposes o | > | through the Services is intended for informational and entertainment purposes o | ||
| > | nly; it does not constitute legal, financial, professional, medical or healthcar | > | nly; it does not constitute legal, financial, professional, medical or healthcar | ||
| > | e advice or diagnosis and cannot be used for such purposes. | > | e advice or diagnosis and cannot be used for such purposes. | ||
| 223 | 239 | ||||
| 224 | **g. Export Controls.** Software and the transmission of applicable technical da | 240 | **g. Export Controls.** Software and the transmission of applicable technical da | ||
| > | ta, if any, in connection with the Services, are subject to export controls. You | > | ta, if any, in connection with the Services, are subject to export controls. You | ||
| > | agree to comply with all applicable laws regarding software and the transmissio | > | agree to comply with all applicable laws regarding software and the transmissio | ||
| > | n of technical data exported from the United States or the country in which you | > | n of technical data exported from the United States or the country in which you | ||
| > | reside. | > | reside. | ||
| 225 | 241 | ||||
| n | 226 | **h. Submissions and Unsolicited Ideas Policies.** Our policy does not allow us | n | 242 | **h. Submissions and Unsolicited Ideas Policies.** Our policy does not allow us |
| > | to accept or consider unsolicited creative ideas, suggestions or materials. In c | > | to accept or consider unsolicited creative ideas, suggestions, or materials. In | ||
| > | onnection with anything you submit to us, whether or not solicited by us, you ag | > | connection with anything you submit to us, whether or not solicited by us, you a | ||
| > | ree that creative ideas, suggestions or other materials you submit are not being | > | gree that creative ideas, suggestions or other materials you submit are not bein | ||
| > | made in confidence or trust and that no confidential or fiduciary relationship | > | g 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 expec | > | is intended or created between you and us in any way, and that you have no expe | ||
| > | tation of review, compensation or consideration of any type. We do not claim own | > | ctation of review, compensation or consideration of any type. We do not claim ow | ||
| > | ership over any ideas, suggestions, or other materials submitted; however, as to | > | nership over any ideas, suggestions, or other materials submitted; however, as t | ||
| > | such materials, you grant us a non-exclusive, sublicensable, irrevocable and ro | > | o such materials, you grant us a non-exclusive, sublicensable, irrevocable and r | ||
| > | yalty-free worldwide license under all copyrights, trademarks, patents, trade se | > | oyalty-free worldwide license under all copyrights, trademarks, patents, trade s | ||
| > | crets, privacy and publicity rights and other intellectual property rights to us | > | ecrets, privacy and publicity rights and other intellectual property rights to u | ||
| > | e, reproduce, transmit, display, create derivative works, or otherwise exploit t | > | se, reproduce, transmit, display, create derivative works, or otherwise exploit | ||
| > | hem for any purpose without limit as to time, manner and frequency of use, witho | > | them for any purpose without limit as to time, manner and frequency of use, with | ||
| > | ut further notice to you, with or without attribution, and without the requireme | > | out further notice to you, with or without attribution, and without the requirem | ||
| > | nt of permission from or payment to you or any other person or entity. | > | ent of permission from or payment to you or any other person or entity. | ||
| 227 | 243 | ||||
| 228 | **i. General Contact Information.** For any matters where specific contact proce | 244 | **i. General Contact Information.** For any matters where specific contact proce | ||
| > | dures are not provided for elsewhere in this Agreement, you may contact us by vi | > | dures are not provided for elsewhere in this Agreement, you may contact us by vi | ||
| > | siting your applicable Service’s Help Center. | > | siting your applicable Service’s Help Center. | ||
| 229 | 245 | ||||
| 240 | **n. Survival.** The provisions of this Agreement which by their nature should s | 256 | **n. Survival.** The provisions of this Agreement which by their nature should s | ||
| > | urvive the termination of this Agreement shall survive such termination. | > | urvive the termination of this Agreement shall survive such termination. | ||
| 241 | 257 | ||||
| 242 | **o. Entire Agreement.** This Agreement and the provisions referenced herein, al | 258 | **o. Entire Agreement.** This Agreement and the provisions referenced herein, al | ||
| > | ong with any agreements or policies that are incorporated herein by reference, c | > | ong with any agreements or policies that are incorporated herein by reference, c | ||
| > | onstitute the entire agreement between you and us pertaining to the subject matt | > | onstitute the entire agreement between you and us pertaining to the subject matt | ||
| > | er hereof and supersedes all prior or other arrangements, understandings, negoti | > | er hereof and supersedes all prior or other arrangements, understandings, negoti | ||
| > | ations and discussions, whether oral or written. No waiver of any of the provisi | > | ations and discussions, whether oral or written. No waiver of any of the provisi | ||
| > | ons of this Agreement shall be deemed or shall constitute a waiver of any other | > | ons 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 c | > | provisions hereof (whether or not similar), nor shall such waiver constitute a c | ||
| > | ontinuing waiver unless otherwise expressly provided. | > | ontinuing waiver unless otherwise expressly provided. | ||
| t | t | 259 | |||
| 260 | Back to top | ||||