Disney Terms of Use - United States

20140902_rev01 · COMPARED WITH 20140805_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20140805_rev01 to 20140902_rev01

1[Download PDF](http://cdn.media.thewaltdisneycompany.com/cdnmedia/gtou/pdfs/disney_gtou_20131001_english.pdf)
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3Please read our new [Terms of Use](https://disneytermsofuse.com/english-disney-terms-of-use-august-9-2014/), which are effective August 9, 2014.
4
53**Terms of Use**
64
7Last Updated: July 18, 2013
5Last Updated: July 10, 2014
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9Disney Interactive is pleased to provide to you its sites, software, applications, content, products and services ("Disney Services"), which may be branded Disney, ABC, ESPN, Marvel, Club Penguin, Playdom or another brand owned or licensed by The Walt Disney Company. These terms govern your use and our provision of the Disney Services on which these terms are posted, as well as Disney Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Disney Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DISNEY SERVICES.
7Disney Interactive is pleased to provide to you its sites, software, applications, content, products and services ("Disney Services"), which may be branded Disney, ABC, ESPN, Marvel, Lucasfilm, Club Penguin, Playdom or another brand owned or licensed by The Walt Disney Company. These terms govern your use and our provision of the Disney Services on which these terms are posted, as well as Disney Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Disney Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DISNEY SERVICES.
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119ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
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1311NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
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1513**1. Contract between You and Us**
2927The Disney Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Disney Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Disney Services may be used or exploited in any way other than as part of the Disney Services offered to you. You may own the physical media on which elements of the Disney Services are delivered to you, but we retain full and complete ownership of the Disney Services. We do not transfer title to any portion of the Disney Services to you.
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3129Content and Software License
3230
3331If a Disney Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
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35You may not circumvent or disable any content protection system or digital rights management technology used with any Disney Service; decompile, reverse engineer, disassemble or otherwise reduce any Disney Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Disney Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Disney Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Disney Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
33You may not circumvent or disable any content protection system or digital rights management technology used with any Disney Service; decompile, reverse engineer, disassemble or otherwise reduce any Disney Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Disney Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Disney Service in violation of United States export control and economic sanctions [requirements](http://www.bis.doc.gov/index.php/exporter-portal). By acquiring services, content or software through the Disney Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
3634
3735Disclaimers and Limitation on Liability
3836
3937THE DISNEY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
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4139WE 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).
4543Changes to the Disney Services
4644
4745The Disney Services are constantly evolving and will change over time. If we make a material change to the Disney Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
4846
4947Additional Restrictions on Use of the Disney Services
5048
51We do not allow uses of the Disney Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Disney Service or connected network, or interfere with any person or entity's use or enjoyment of any Disney Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Disney Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy any element of the Disney Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
49We do not allow uses of the Disney Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Disney Service or connected network, or interfere with any person or entity's use or enjoyment of any Disney Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Disney Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Disney Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
5250
5351Third-Party Services and Content
5452
5553The Disney Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
5654
57If you access a Disney Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Disney Services. You agree that your access to the Disney Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
55If you access a Disney Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Disney Services. You agree that your access to the Disney Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
5856
5957Mobile Networks
6058
6159When you access the Disney Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using certain Disney Services may be prohibited or restricted by your network provider and not all Disney Services may work with your network provider or device.
6260
6361**3. Your Content and Account**
7977Some Disney Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
8078
8179We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Disney Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
8280
8381Passwords and Security
8482
85You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Disney Services.
83You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Disney Services.
8684
8785The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
8886
8987**4. Paid Transactions**
9088
9189Identity of Seller
9795We may make applications, games, software or other digital content available on the Disney Services for you to license for a one-time fee. When purchasing a license to access such material from a Disney Service, charges will be disclosed to you on the Disney Service before you complete the license purchase.
9896
9997Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Disney Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Disney Services can only be used in connection with the Disney Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Disney Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
10098
10199Subscriptions
102100
103Some Disney Services require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed. We will notify you prior to each auto-renewal and unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular Disney Service. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription. From time to time, we may offer a free trial subscription for a Disney Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
101Some Disney Services require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. From time to time, we may offer a free trial subscription for a Disney Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
104102
105103The Order Process
106104
107105You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
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109107We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
110108
111109Payments and Billing
112110
113When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. If you use a payment method other than a credit card, you may incur an additional payment processing fee and may not be able to automatically renew subscriptions.
111When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
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115Right of Cancellation
113Right of Cancellation; Return of Goods
116114
117When you subscribe to a Disney Service, you have the right to withdraw from your contract within fourteen (14) days after your receipt and acceptance of these terms and you will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fees paid, but will still be obligated to pay other charges incurred. Notices of withdrawal or cancellation must be in writing and delivered to the address provided in connection with the relevant Disney Service.
115When you subscribe to a Disney Service, you have the right to cancel your contract within fourteen (14) days after your receipt and acceptance of these terms and you will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred.
118116
119All license purchase fees are non-refundable. When purchasing a license to access digital content or virtual items, you agree that you are not entitled to a cancellation or cooling-off period and that the license purchase becomes final when you receive delivery of or otherwise access such content.
117When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.
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121Right of Return
119You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by us on the Disney Services to be non-returnable, including audio and video recordings, computer software, and CD's, DVD's or other physical media that have been unsealed. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.
122120
123You have the right, within thirty (30) days from the date of your receipt of the relevant goods, to cancel our contract with you and return the goods. This right does not apply to digital content, virtual items or products stated by us on the Disney Services to be non-returnable, including audio and video recordings, computer software, and CD's, DVD's or other physical media that have been unsealed.
121If you wish to cancel, you must do so by following the cancellation instructions for the particular Disney Service. A sample cancellation form is available [here](https://disneytermsofuse.com/english/sample-cancellation-form/).
124122
125123Personalized Goods
126124
127125Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.
128126
129127Pricing; Taxes
137135**5. Competitions**
138136
139137Competitions that you enter on a Disney Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
140138
141139Entries
142140
143Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
141Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
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145We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
143We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
146144
147145Eligibility
148146
149To enter a competition, you must be a registered user of the Disney Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian's permission before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
147To enter a competition, you must be a registered user of the Disney Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian's consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
150148
151149Prizes
152150
153151No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
154152
155153Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
171169Phone: +1 818-545-3000
172170Fax: +1 818-931-2662
173171Email: designated.agent@dig.twdc.com
174172
175173We are only able to accept notices in the languages into which these terms are made available by us.
176174
177We will respond expeditiously to claims of copyright infringement committed using the Disney Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") or, as applicable, other laws. With respect to Disney Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail [here](https://disneytermsofuse.com/dmca-notices/).
175We will respond expeditiously to claims of copyright infringement committed using the Disney Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") or, as applicable, other laws. With respect to Disney Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail [here](https://disneytermsofuse.com/english/dmca-notices/).
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179Choice of Forum
180
181You agree that any action at law or in equity arising out of or relating to these terms or the Disney Services shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
182
183Choice of Law
184
185These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
186
187177Binding Arbitration and Class Action Waiver
188178
189You and Disney Interactive agree to arbitrate all disputes between you and The Walt Disney Company or its affiliates, except disputes relating to the enforcement of The Walt Disney Company or its affiliates' intellectual property rights. "Dispute" includes any dispute, action or other controversy between you and us concerning the Disney Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
179You and Disney Interactive agree to arbitrate all disputes between you and The Walt Disney Company or its affiliates, except disputes relating to the enforcement of The Walt Disney Company or its affiliates' intellectual property rights. "Dispute" includes any dispute, action or other controversy between you and us concerning the Disney Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Disney Interactive empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
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191In the event of a dispute, you or Disney Interactive must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Disney Interactive, 500 South Buena Vista Street, Burbank, California 91521, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Disney Interactive will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
181In the event of a dispute, you or Disney Interactive must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Disney Interactive, 500 South Buena Vista Street, Burbank, California 91521, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Disney Interactive will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
192182
193If you and Disney Interactive do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
183If you and Disney Interactive do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
194184
195185Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Disney Interactive will pay all filing, AAA, and arbitrator's fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys' fees and expenses in connection with any non-frivolous arbitration between you and us.
196186
197187If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the borough of Manhattan, New York, New York, United States of America, and you and Disney Interactive agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
198188
199189PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Disney Interactive will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
200190
191Choice of Forum
192
193You agree that any action at law or in equity arising out of or relating to these terms or the Disney Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
194
195Choice of Law
196
197These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
198
201199Severability
202200
203201If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
204202
205203Survival
206204