Disney+, ESPN, and Hulu Subscriber Agreement

Disney+ · agreement dated February 5, 2026 · Official agreement

92 of 92 cards

Legal Rights & Agreement Rules · Context

One agreement governs eligibility for and use of Disney+, ESPN and Hulu

This Subscriber Agreement, updated February 5, 2026, is a single contract covering the Disney+, ESPN and Hulu services. It says it governs both who is eligible for the services and how they may be used.

Supporting quotations

Updated: February 5, 2026

PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES.

Qualifications & exceptions

The update date is the date the page states; it does not say when each change took effect for existing subscribers (see the 30-day amendment rule).

Legal Rights & Agreement Rules · Context

Four Disney companies are "we"; the Services include apps, players, content and ESPN+

The contracting party is a group of four companies referred to together as "we": Disney Platform Distribution, Inc. (Disney+), BAMTech, LLC (ESPN), and Hulu, LLC with Hulu Live LLC (Hulu). Each Service is defined broadly to include its website, apps, video player, related software, content and other services in any present or future media format, and the ESPN Service expressly includes ESPN+ and other digital services within it. The agreement sometimes uses "Services" for one service and sometimes for all three together.

Supporting quotations

Disney Platform Distribution, Inc., located at 500 South Buena Vista Street, Burbank, CA 91521 (“Disney+”), BAMTech, LLC, located at 50 Vandam Street, 9W, New York, NY 10013 (“ESPN”), Hulu, LLC, located at 2500 Broadway, 2nd Floor, Santa Monica, CA 90404, and Hulu Live LLC, located at 1290 Avenue of the Americas, New York, NY 10104 (together with Hulu, LLC, “Hulu”) are referred to collectively in this Agreement as “we”, “us” and “our”.

(including, for example, ESPN+ and other digital services within the ESPN Service)

The Disney+ Service, ESPN Service, and Hulu Service are sometimes referred to interchangeably or collectively in this Agreement as the “Services”.

Qualifications & exceptions

Because "Services" can mean one service or all three interchangeably, which entity a given promise or right applies to depends on the service you subscribe to.

Legal Rights & Agreement Rules · Procedure

You accept by clicking Agree & Continue or simply by accessing or using the Services

You agree to this Agreement, including agreements and policies it incorporates by reference, by clicking "Agree & Continue" or a similar mechanism during registration, or just by accessing or using any part of the Services. Some uses may require agreeing to additional terms. If you do not agree, you may not use the Services.

Supporting quotations

You agree to this Agreement, including any agreements or policies incorporated herein by reference, by clicking “Agree & Continue” or any other industry standard mechanism during the Disney+, ESPN, and/or Hulu registration process, or by accessing or using any aspect of the Services.

It may be necessary to agree to additional 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.

Qualifications & exceptions

Acceptance also covers documents incorporated by reference, such as the Privacy Policy, which are not part of this saved text.

Not stated here

The additional terms that may be required are not identified here.

Legal Rights & Agreement Rules · Company practice

Changes take effect 30 days after notice or posting; your only option is to stop using

The companies may change this Agreement. A change takes effect thirty days after they send you notice or post the change on the Services. If you do not agree to a change, you must stop using the Services. Customer service representatives cannot change any term, whether verbally or in writing.

Supporting quotations

We may amend this Agreement, effective thirty (30) days after we send you notice or post the amendment on the Services.

If you do not agree to any change to this Agreement, you must discontinue using the Services.

Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.

Qualifications & exceptions

Notice may be by posting on the Services rather than a message to you (see the notices card), so a change can take effect without an individual message.
Cancellation timing and the end of the current subscription term still follow the cancellation rules.

Legal Rights & Agreement Rules · Restriction or exception

Disputes go to individual arbitration with a class action waiver, with stated exceptions

The opening notice says any dispute between you and the companies, except small claims, is subject to a class action waiver and must be resolved by individual binding arbitration. The full arbitration section adds a second exception: disputes about ownership or enforcement of intellectual property rights are also outside arbitration. You can opt out of arbitration by mailing a notice within thirty days of first becoming subject to it.

Supporting quotations

ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION.

(ii) any dispute relating to the ownership or enforcement of intellectual property rights.

To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement

Qualifications & exceptions

Small claims cases qualify only if individual and within the court's jurisdictional limits.
Opting out of arbitration alone leaves the class action waiver in place unless you also opt out of it.
Details on informal resolution, forum, fees and opt-out are in Section 7.

Account & Service Control · Restriction or exception

Purchasers must be 18 or the local age of majority; personal, noncommercial use only

You must be 18, or the age of majority where you live, to purchase the Services. The Services are provided to individuals only for personal, noncommercial use. Companies, commercial establishments, associations and other groups may not purchase or use them.

Supporting quotations

You must be 18 years of age, or the age of majority in your state or territory of residence, to purchase the Services.

The Services are provided to individuals for their personal, noncommercial use only. Companies, commercial establishments, associations and other groups may not purchase or use the Services.

Qualifications & exceptions

The age rule is stated for purchasing; this sentence does not set a minimum age for household members who watch.

Account & Service Control · Restriction or exception

ESPN and Hulu are U.S.-only; U.S. Disney+ subscriptions stay under this Agreement abroad

Only residents of places where a Service is offered (its "Territory") may subscribe. ESPN and Hulu are available only in the United States and certain U.S. territories. If you buy Disney+ in the U.S. or a supported U.S. territory, this Agreement still applies when you use Disney+ in other places where it is available. You may not access the Services from locations where the companies lack rights or do not offer them.

Supporting quotations

Only residents of the countries and territories where we offer the Services (each Service’s “Territory”) are eligible to subscribe.

The ESPN and Hulu Services are only available in the United States and certain of its territories.

This Agreement applies if you purchase a subscription to the Disney+ Service in the U.S. and any supported U.S. territories and use it in other geographic locations where the Disney+ Service is made available.

You may not access the Services from locations where we do not have rights or where we do not make the Services available.

Qualifications & exceptions

Section 3 also forbids using any technology to hide or disguise your location when accessing the Services.

Not stated here

Which U.S. territories are supported is not listed.

Account & Service Control · Procedure

Subscribing requires a MyDisney account, which brings The Walt Disney Company Terms of Use

The Services sign in through MyDisney, one email and password used across Walt Disney products. Signing up for MyDisney means agreeing to The Walt Disney Company Terms of Use, a separate document. To subscribe you must register for MyDisney, provide requested information such as a valid email address, and agree to this Agreement. MyDisney manages your login email and password.

Supporting quotations

The Services are integrated with “MyDisney”, which allows you to use a single email and password to sign in to a range of products and experiences across The Walt Disney Family of Companies.

When you sign up for a MyDisney account, you agree to The Walt Disney Company Terms of Use, which can be found at disneytermsofuse.com.

Only individuals who have registered for a MyDisney account, provide requested information (e.g., a valid email address), and agree to this Agreement are eligible to subscribe to the relevant Services.

Not stated here

The Walt Disney Company Terms of Use is linked but not supplied here, so its terms are not analyzed.

Security & Safeguards · Restriction or exception

You are responsible for all account activity; the companies disclaim losses from unauthorized use

You alone must keep your email and password confidential and secure, and you are responsible for all activity on or through your account. If you let others use your account, this Agreement and any consents you gave also apply to their access, use and disclosure of information. You must notify the companies immediately of unauthorized access, and they say they will not be responsible for losses from unauthorized use of your account.

Supporting quotations

You are solely responsible for maintaining the confidentiality and security of your email address and password and for all activities that occur on or through your account.

However, if you allow others to access your account, this Agreement, as well any specific consents you may have provided to us, also applies to their access, use, and disclosure of information.

You agree to immediately notify us of any unauthorized access to your account. We will not be responsible for any losses arising from the unauthorized use of your account.

Qualifications & exceptions

Sharing is also limited to your household under the account sharing rule in Section 2(m).

Legal Rights & Agreement Rules · Procedure

Notices come by email or by posting on the Services, and electronic delivery counts as legal notice

The companies may give you notice by email to the last address you provided or by posting it on the Services. You consent to electronic communications from each Service you subscribe to, and agree that electronic notices, agreements and disclosures satisfy legal notice requirements. You must keep your information, including contact details, accurate and current, and the companies may verify it.

Supporting quotations

Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services.

You consent to receive electronic communications from each Service you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements.

You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree that we may take steps to verify the accuracy of information you provide.

Qualifications & exceptions

A posted notice counts even if you never see it, which matters for the 30-day amendment rule.

Charges & Financial Obligations · Context

Plans, bundles and add-ons can differ in price, usage rules, eligibility, features and devices

When you buy a subscription you may be offered different plans or options, each called a "Service Tier". Different tiers and other offerings, such as Bundles or add-ons, may differ in pricing, usage rules, eligibility, restrictions, features and which devices they work on.

Supporting quotations

When purchasing your subscription(s) to the Service(s), you may be presented with different plans or options (each a “Service 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, eligibility, restrictions, features, and device availability.

Qualifications & exceptions

The specific differences are disclosed at purchase or in help pages, not in this Agreement.

Not stated here

Tier-specific prices and usage rules are not stated in this text.

Charges & Financial Obligations · Company practice

Subscriptions renew automatically and are charged each billing period until you cancel

A subscription enrolls you in a recurring payment plan for a subscription term made up of one or more billing periods, as disclosed when you buy. It renews automatically at the end of the term unless you cancel. You are charged at purchase and, unless otherwise disclosed, at the start of each new billing period. To avoid being charged for the next term you must cancel before 11:59 p.m. Eastern Time on the day before your term ends. If you subscribed through a third party such as an app store, that party's billing terms control where they conflict with these.

Supporting quotations

Your subscription(s) to the Service(s) includes enrollment into an ongoing/recurring payment plan for a subscription term and one or more associated billing periods, as disclosed upon purchase.

Your subscription(s) will automatically renew at the end of the disclosed subscription term, unless cancelled in accordance with the instructions for cancellation below.

Payment will be charged to your chosen payment method at confirmation of purchase and, unless otherwise disclosed, at the start of every new billing period during your current or renewed subscription term.

YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO 11:59 P.M. EASTERN TIME ON THE DAY BEFORE YOUR SUBSCRIPTION TERM ENDS IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION TERM.

the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Agreement conflicts with the applicable third party’s terms regarding subscription purchase, billing, cancellation/refunds and payments.

Qualifications & exceptions

A subscription term can contain several billing periods; cancelling stops renewal but you are still billed for remaining billing periods in the current term (Section 2(e)).
Third-party subscriptions are billed by the third party under its terms.

Not stated here

Term and billing-period lengths are disclosed at purchase, not here.

Charges & Financial Obligations · Company practice

Adding a payment method may trigger an authorization hold that reduces available funds

When you provide a payment method, the companies may verify it by placing an authorization hold. They say they do not charge you for the hold, but it may reduce your available balance or credit limit.

Supporting quotations

When you provide 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 authorization hold, but your available balance or credit limit may be reduced.

Not stated here

The amount and duration of the hold are not stated.

Charges & Financial Obligations · Company practice

Charges may be prorated on plan changes, and billing dates can shift

If you change Service Tier or add offerings such as add-ons, the companies may prorate your charges in that billing period. You accept that your billing date may vary: for example a subscription started on the 31st is billed on the last day of shorter months, and timing can shift because of free trials, promotions, gift cards, credits, payment failures, subscription or payment-method changes, or variations disclosed at purchase such as seasonal subscriptions. You can see your next billing date in your account details.

Supporting quotations

If you change your Service Tier or obtain certain other offerings, such as add-ons, we may prorate your charges accordingly during the applicable billing period.

You acknowledge that the timing of when you are billed may vary

(i) if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28)

(ii) due to free trials and other promotional offers, gift card redemptions, credits applied, payment failures, or changes in your subscription or payment method, or (iii) where variations in billing timing for a Service Tier are disclosed at the time of purchase

Qualifications & exceptions

Proration is permissive ("may"), not guaranteed.

Charges & Financial Obligations · Company practice

If offered, a paused subscription resumes billing automatically unless you cancel

The companies may let you pause your subscription. If you do not cancel before the pause period ends, billing resumes automatically.

Supporting quotations

We may also offer you the ability to pause your subscription. If you do not cancel before the end of the pause period, billing will resume automatically.

Qualifications & exceptions

Pausing is an option the companies may offer, not a right.

Not stated here

Pause length and eligibility are not stated.

Charges & Financial Obligations · Company practice

Prices can change; you are renewed at the new price unless you cancel in time

The companies may change prices. They say they will attempt to email you in advance at your registered address. If you do not want the new price you may cancel following the email's instructions; if you do not cancel in time, your subscription renews at the price in effect at renewal with no further action from you, and you authorize that charge. They will not notify you of changes in applicable taxes.

Supporting quotations

We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account.

If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.

We will not be able to notify you of any changes in applicable taxes.

Qualifications & exceptions

Advance notice is an attempt, not a guarantee.
Tax changes are not notified at all.

Not stated here

How far in advance the price-change email is sent is not stated.

Charges & Financial Obligations · Restriction or exception

You pay taxes and third-party internet access and data charges

You are responsible for all third-party internet access charges and taxes connected with using the Services, and the Agreement suggests checking with your internet provider about possible data usage charges.

Supporting quotations

You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services.

Charges & Financial Obligations · Company practice

Free trials convert to paid automatically, with no reminder before the trial ends

A subscription may include a free trial, but availability is not guaranteed and eligibility can depend on the Service Tier, whether and how recently you used a trial before, and whether the tier is part of a combined offering. Your first payment is charged immediately after the trial unless you cancel, and you can cancel any time before the trial ends. The trial terms are disclosed at sign-up, and you will not get a separate notice that the trial is ending or that paid billing has started, unless a law in your jurisdiction requires one.

Supporting quotations

Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial.

Eligibility for free trials may vary based on factors including the Service Tier selected, whether you have previously used one for the relevant Service(s), how recently you redeemed a free trial, and whether the Service Tier is part of a combined offering.

Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial.

you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless expressly required by statute or regulation in particular jurisdictions or instances.

Qualifications & exceptions

Combining trials with other offers may be limited.
Cancelling during a trial may take effect immediately (Section 2(e)).

Not stated here

Trial lengths are disclosed at registration, not here.

Charges & Financial Obligations · Company practice

After a promotion ends you are billed the regular price unless you cancel first

The companies may, at their sole discretion, offer promotions such as a promotional price, lower per-period price, bundle, device-specific offer or gift card, under terms disclosed at sign-up or in other materials. When the promotion ends they begin billing your payment method on file at the then-current, non-promotional price, unless you cancel before it ends or different terms were disclosed.

Supporting quotations

We may also offer, in our sole discretion, promotions (e.g., a promotional price, lower price per billing period, bundled subscription, device-specific offer or gift card) subject to promotional terms disclosed during your sign-up or in other materials provided to you.

We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.

Not stated here

Promotional terms are disclosed separately and are not part of this text.

Charges & Financial Obligations · Restriction or exception

Gift cards are governed by separate terms and cannot be combined with special offers

The companies may offer gift cards redeemable for an eligible Service Tier. A gift card cannot be used with or on top of a special offer unless that offer's terms say otherwise. Buying and redeeming Disney+, Hulu, ESPN subscription and general Disney gift cards are each governed by separate gift card terms linked from this section.

Supporting quotations

We may make available gift cards redeemable for an eligible Service 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 otherwise.

The purchase and redemption of Disney+ gift cards are subject to the Disney+ Gift Card Terms and Conditions

The purchase and redemption of ESPN gift subscription cards are subject to the Terms and Conditions for ESPN Subscription Cards

Not stated here

The four gift card terms documents are linked but not supplied, so their conditions are not analyzed.

Charges & Financial Obligations · User right or choice

You can cancel anytime; it takes effect at the end of the term and remaining periods are still billed

You can cancel before the end of the current billing period, free trial or promotion. Cancellation normally takes effect at the end of the current subscription term, trial or promotion unless otherwise disclosed, and you will still be billed for any remaining billing periods in your subscription term. If you are on a free trial, promotional code or other credit, cancellation may take effect immediately.

Supporting quotations

YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME BEFORE THE END OF THE CURRENT BILLING PERIOD, FREE TRIAL OR PROMOTION.

CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT SUBSCRIPTION TERM, FREE TRIAL OR PROMOTION UNLESS OTHERWISE DISCLOSED; YOU WILL BE BILLED FOR ANY REMAINING BILLING PERIODS IN YOUR SUBSCRIPTION TERM.

IF YOU ARE SUBSCRIBED THROUGH A FREE TRIAL, PROMOTIONAL CODE OR OTHER CREDIT, CANCELLATION MAY BE EFFECTIVE IMMEDIATELY.

Qualifications & exceptions

A term with several billing periods keeps charging until the term ends even after you cancel.
To avoid the next term's charge you must cancel before 11:59 p.m. Eastern Time the day before the term ends.
Immediate cancellation during a trial or promotion can end access right away.

Charges & Financial Obligations · Restriction or exception

No refunds or credits for partly used periods, except where law requires or at the companies' discretion

Except where applicable law requires otherwise, the companies do not refund or credit partially used subscription terms or billing periods. They may give such refunds or credits case by case at their sole and absolute discretion.

Supporting quotations

EXCEPT AS REQUIRED BY APPLICABLE LAW, WE DO NOT REFUND OR CREDIT FOR PARTIALLY USED SUBSCRIPTION TERMS AND/OR BILLING PERIODS, ALTHOUGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE AND ABSOLUTE DISCRETION.

However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of this Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.

Qualifications & exceptions

Section 4(h) separately allows a discretionary credit or refund if the companies suspend or discontinue your subscription, but not when that results from your violation of the Agreement.

Charges & Financial Obligations · Restriction or exception

Switching services mid-period can end access, and failed payments can forfeit account credits

If you switch your subscription from one service to another during a billing period, you may lose access to the original service. If your subscription is cancelled because charges to your payment method fail, or you move your billing to a third party, you may forfeit any credits on your account.

Supporting quotations

IF YOU MODIFY YOUR SUBSCRIPTION TO SWITCH FROM ONE SERVICE TO ANOTHER SERVICE DURING YOUR BILLING PERIOD, YOU MAY NOT HAVE CONTINUED ACCESS TO YOUR ORIGINAL SERVICE.

IF YOUR SUBSCRIPTION IS CANCELED DUE TO FAILED ATTEMPTS TO CHARGE YOUR PAYMENT METHOD, OR IF YOU SWITCH YOUR BILLING TO A THIRD-PARTY, YOU MAY FORFEIT ANY CREDITS ASSOCIATED WITH YOUR ACCOUNT.

Not stated here

Whether any prorated value is returned when switching services is not stated.

Account & Service Control · Procedure

Each service has its own online cancellation page; third-party subscribers use the help center

Disney+, ESPN and Hulu subscriptions are each cancelled separately online: log in to that service's account page and choose cancel (for ESPN, select the subscription first). If you subscribed through a third party, the service's help center explains how to cancel.

Supporting quotations

TO CANCEL YOUR DISNEY+ SERVICE SUBSCRIPTION, NAVIGATE TO [WWW.DISNEYPLUS.COM/ACCOUNT/CANCEL-SUBSCRIPTION](https://WWW.DISNEYPLUS.COM/ACCOUNT/CANCEL-SUBSCRIPTION), LOG IN, AND CLICK “CANCEL SUBSCRIPTION”.

LOG IN, SELECT THE SUBSCRIPTION YOU WISH TO CANCEL, AND CLICK “CANCEL SUBSCRIPTION”.

TO CANCEL YOUR HULU SERVICE SUBSCRIPTION, NAVIGATE TO WWW.HULU.COM/ACCOUNT, LOG IN, AND CLICK “CANCEL”.

IF YOU SUBSCRIBED VIA A THIRD PARTY, PLEASE VISIT YOUR APPLICABLE SERVICE’S HELP CENTER FOR INSTRUCTIONS ON HOW TO CANCEL.

Qualifications & exceptions

Third-party subscriptions are cancelled under the third party's instructions (Section 2(g)).

Charges & Financial Obligations · Company practice

Payment details stay on file and may be used across Disney with your consent and on restart

The companies keep your detailed payment information, such as card number and expiration date, on file. If you get separate bills for a Bundle they may consolidate them. If you have consented, they may store and let you use your payment information for purchases across the Services and across The Walt Disney Company. If you restart a subscription, they may charge the payment method on file.

Supporting quotations

We will keep your detailed payment information, such as credit card number and expiration date, on file.

In the event your account or subscriptions are configured so that you receive separate bills relating to a Bundle, we may consolidate such bills to reduce the number of separate charges you receive.

We may store and allow you to use your payment information for purchases across the Services and across The Walt Disney Company, if you have consented to such usage.

You also agree that we may charge your payment method on file if you decide to restart your subscription to any of the Services.

Qualifications & exceptions

Cross-Disney use of stored payment information depends on your consent.

Not stated here

How that consent is given or withdrawn is not described here.

Charges & Financial Obligations · Company practice

Updated card details, including CVV, may be obtained from your payment provider

You must keep payment details current in your account settings. When your details change or are about to expire, the companies may obtain updated details from your payment provider, including card number, expiration date and CVV or equivalent, so service can continue, and you authorize them to keep charging your card with the updated information.

Supporting quotations

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 due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiration date and CVV (or equivalent).

You authorize us to continue to charge your card using the updated information.

Charges & Financial Obligations · Company practice

Failed payments can be retried or moved to another stored method, and unpaid amounts carry collection costs

If a charge to your primary payment method fails, the companies may retry it or, where you have consented, charge another stored payment method on your account. If a payment is not authorized, they may suspend or terminate your subscription. You remain responsible for unpaid amounts, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees and arbitration or court costs.

Supporting quotations

In the event of a failed attempt to charge to your primary payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method or, where you have consented, to use any other stored payment method associated with your account.

If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription.

You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

Qualifications & exceptions

Charging a different stored method requires your consent.

Charges & Financial Obligations · Procedure

App store and other third-party subscriptions are billed and cancelled through that third party

A subscription obtained through a third party such as an app store is also subject to that party's terms. Your billing relationship is directly with the third party, which bills fees using the payment information you gave it, and you cancel by following its instructions.

Supporting quotations

If you obtain a subscription to the Services via a third party (e.g., an app store), that subscription is also subject to the third party’s terms

For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your subscription to the Service(s) will be billed by the applicable third party using the payment information you have provided to such third party.

To cancel a subscription to the Service(s) obtained via a third party, please follow the cancellation instructions set out by the applicable third party.

Qualifications & exceptions

This Agreement's purchase, billing, cancellation/refund and payment terms yield only where they conflict with the third party's terms; the rest of the Agreement still applies.

Not stated here

The third party's terms are not supplied.

Cross-references

narrows (model-proposed): Subscriptions renew automatically and are charged each billing period until you cancel — exception_to: For app store and other third-party subscriptions, the third party's conflicting purchase, billing and cancellation terms displace this Agreement's billing terms.

Charges & Financial Obligations · Context

Bundles with outside products such as wireless plans: this Agreement covers only the Services

The companies may offer the Services bundled with other subscriptions, including third-party products and services such as a wireless plan, with the bundle terms disclosed at registration. In such a bundle, this Agreement governs your use of the Services and the third parties' own terms govern their products and services.

Supporting quotations

We may offer a subscription to the Services bundled with other subscription services, including subscriptions to third-party products and services, e.g., a wireless plan.

If a subscription to the Services is offered as part of a bundle with other third-party products and services, this Agreement will govern your use of the Services and any third-party subscriptions, products, and services will be governed by the terms of use issued by those third parties.

Not stated here

The bundle terms disclosed at registration and the third parties' terms are not supplied.

Charges & Financial Obligations · Company practice

Disney+, ESPN and Hulu Bundles are U.S.-only discounts that can be changed or ended at any time

Eligible subscribers over 18 can buy certain combinations of two or more of Disney+, ESPN and Hulu (a "Bundle") at a discount compared with buying each plan separately. The companies call this a promotional offer that may be modified or terminated at any time. A Bundle may carry additional terms disclosed at purchase, and Bundles are available only in the United States.

Supporting quotations

We are pleased to offer eligible subscribers, who are over 18, access to certain combinations of two or more of the Disney+ Service, ESPN Service, and the Hulu Service you select

for a discounted price as compared to the retail price of each plan when purchased separately

This promotional offer may be modified or terminated at any time. Your subscription to a Bundle may be subject to certain terms and conditions disclosed to you at the time of purchase. Bundles are only available in the United States.

Qualifications & exceptions

Because the Bundle discount can be modified or ended at any time, the bundled price is not locked in.

Not stated here

Bundle-specific terms disclosed at purchase are not supplied.

Cross-references

contrast (model-proposed): Purchasers must be 18 or the local age of majority; personal, noncommercial use only — contrast: Bundles are offered to subscribers "over 18", while purchase eligibility is stated as 18 or the age of majority where you live; the two age phrasings differ.

Charges & Financial Obligations · Company practice

Pay-per-view and other one-time purchases are charged immediately

The companies may offer one-time purchases, such as pay-per-view events or content not included in your subscription. These are charged to your chosen payment method at the time of purchase.

Supporting quotations

We may also offer one-time purchases, including to pay-per-view events and certain Content not otherwise included within your subscription. You will be charged for these one-time purchases at the time of purchase to your chosen payment method.

Not stated here

Whether one-time purchases are refundable is not addressed specifically here.

Account & Service Control · Restriction or exception

"No ads" tiers can still show ads in some cases and include promotional and sponsored content

Disney+ and Hulu offer tiers with ads and tiers that are predominantly ad-free. Tiers described as "no ads" or "ad-free" are generally free of commercial interruptions, but with exceptions that may change over time: ads can play where streaming rights or other limits require it, and in certain live or linear content and special events, including replays. Ad-free tiers may also include limited promotional content, such as clips promoting Bundles or upgrades, plus branded content, product integrations and sponsorship messages. If you subscribe to several tiers, content from an ad-supported tier plays with ads even if another tier is ad-free.

Supporting quotations

Service Tiers described as “no ads” or “ad-free” are generally free of commercial interruptions, with certain exceptions that may change from time to time, including where: (i) streaming rights or other limitations require certain Content to play with ads; or (ii) ads are served in certain live or linear Content or special events (and replays thereof).

Additionally, “no ads” or “ad-free” Service Tiers may contain limited promotional content, such as brief clips about the Bundles (including messages promoting an upgrade thereto) and other content available on any services associated with the Bundles, and branded content, product integrations, or sponsorship messaging.

Please note that if you subscribe to multiple (or a bundle of) Service Tiers, Content from any ad-supported Service Tier will play with ads, while Content from any “no ads” or “ad-free” Service Tier will not (except as described above).

Qualifications & exceptions

The list of exceptions "may change from time to time".

Not stated here

Which titles or events carry ads on ad-free tiers is not identified.

Account & Service Control · Company practice

Extra content offered with a tier is promotional and can be withdrawn at the companies' discretion

The companies may sometimes let you watch content beyond your Service Tier, for example live content on an otherwise on-demand tier. This is offered on a promotional basis, and they keep sole discretion over its availability, who is eligible, access requirements and whether it carries ads.

Supporting quotations

From time to time, we may offer the opportunity to watch additional Content with your Service Tier.

We offer this additional Content on a promotional basis and retain sole discretion regarding the availability of the Content, eligibility to watch the Content, requirements to access the Content, and whether or not such Content includes advertisements.

Legal Rights & Agreement Rules · Restriction or exception

Links leave the Services without warning, and other sites are not the companies' responsibility

A link from the Services does not mean the companies operate or control the destination. When you click a link they will not warn you that you have left the Services and are now under another site's terms and privacy policies. This Agreement does not govern other sites, and the companies are not responsible for other sites' content or practices, even if those sites link to the Services or are run by an affiliated company.

Supporting quotations

When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. This Agreement does not govern your use of another website or destination.

We are not responsible for the content or practices of any website or destination other than the Disney+, ESPN, and Hulu site, even if it links to the Disney+, ESPN and/or Hulu site and even if the website or destination is operated by a company affiliated or otherwise connected with Disney+, ESPN and/or Hulu.

Qualifications & exceptions

The disclaimer covers affiliated Disney-connected sites too.

Legal Rights & Agreement Rules · Restriction or exception

Dealings with advertisers, including interactive ads, are between you and the advertiser

The companies take no responsibility for, and do not endorse, third-party ads or third-party material where the Services are available, or advertisers' products and services. Any dealings with advertisers while using the Services, including through interactive ads, are between you and the advertiser, and you agree the companies are not liable for any loss or claim you have against an advertiser. If you give confidential or personal information or make a transaction through an ad, the companies are not responsible for that information or transaction and encourage you to read the advertiser's terms and privacy policy.

Supporting quotations

We take no responsibility for and do not endorse any third-party advertisements or any third-party material posted where the Services are available, nor do we take any responsibility for the products or services provided by advertisers.

Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.

If you provide any confidential or personal information or engage in any transaction through an advertisement, we are not responsible for such information or transaction

Qualifications & exceptions

This covers information you provide through an ad, which may be collected by the advertiser rather than the companies.

Content & IP Rights · Permission or license

You get a limited, revocable personal license to use the apps and stream or temporarily download content

Within the Territory and subject to this Agreement, the companies grant you a limited, personal-use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to install and make non-commercial personal use of the Services, and to stream or temporarily download the movies, shows and other content available to you through them.

Supporting quotations

Within the Territory and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:

Install and make non-commercial, personal use of the Services; and

stream or temporarily download copyrighted materials

that are available to you from the Services.

Qualifications & exceptions

The license is limited to the Territory (Section 1(b)).
Downloads are temporary; download limits depend on Service Tier (Section 4(d)).
The license is conditioned on the use restrictions in Sections 3(b) and 3(c).

Content & IP Rights · Context

Paying for access is a license, not a purchase; you never own the content

This is a license agreement, not a sale or assignment of rights in the content or Services. Paying for a license to stream or temporarily download content does not give you ownership of it. The content and its intellectual property belong to The Walt Disney Company, its affiliates and other licensors.

Supporting quotations

This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Services. The purchase of a license to stream or temporarily download any Content does not create an ownership interest in such Content.

are owned by The Walt Disney Company, its affiliates and/or other licensors

Qualifications & exceptions

Section 6 adds that when a subscription terminates you lose access to streamed or downloaded content.

Cross-references

qualifies (model-proposed): You get a limited, revocable personal license to use the apps and stream or temporarily download content — qualifies: The streaming and download rights are a license only and create no ownership of content.

Content & IP Rights · Restriction or exception

No circumventing DRM, copying, rebroadcasting or making derivative works of the content

Without the companies' express written permission, you may not, or let anyone else, circumvent or disable content protection or digital rights management; copy the content except as the Agreement expressly allows; rebroadcast, transmit or perform it; or create derivative works of it. These restrictions are a condition of your license.

Supporting quotations

You agree that you will not nor permit another person to do any of the following without our express written permission, and that these restrictions are a condition to your license:

circumvent or disable any content protection system or digital rights management technology used in connection with the Services to control access to the Content;

copy the Content (except as expressly permitted by this Agreement);

rebroadcast, transmit or perform the Content available via the Services;

create derivative works of the Content; or

Qualifications & exceptions

Because the restrictions are a condition of the license, breaking them can end the license itself, not just breach the contract.
Section 3(d) treats any attempt as a violation of the companies' and copyright holders' rights.

Content & IP Rights · Restriction or exception

No using the content for AI training and no automated scraping of the Services

You may not do any of the restricted content uses (circumventing protection, copying, rebroadcasting, derivative works) in connection with building, prompting, fine-tuning, training, testing, benchmarking or validating any AI or machine learning tool. You also may not access, monitor, copy or extract the Services with robots, spiders, scripts or other automated means, including to create AI tools, mine data, scrape, or build any dataset or database. Public search engines may use spiders to build search indexes to the extent the companies have not disallowed it, for example through robots.txt or NOINDEX/NOFOLLOW tags.

Supporting quotations

engage in any of the foregoing in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology (“AI Tool”).

access, monitor, copy, or extract the Services using a robot, spider, script or other automated means, including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool, data mining or web scraping or otherwise compiling, building, creating or contributing to any collection of data, data set or database

(other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by us, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags);

Qualifications & exceptions

The search-engine exception applies only to public search engines and only where not disallowed by the companies.
Express written permission from the companies lifts these restrictions.

Content & IP Rights · Restriction or exception

No reverse engineering, modifying or making derivative works of the apps and players

Without express written permission, you may not, or let anyone else, decompile, reverse-engineer, disassemble or otherwise reduce to readable form the Services, video players, underlying technology or any digital rights management or access control in them; modify the Services, including by removing copyright or other notices; or create derivative works of Disney-owned components of the Services or updates, except where applicable law prohibits that restriction. These restrictions are a condition of your license.

Supporting quotations

You agree that you will not nor permit another person to do any of the following without our express written permission, and that these restrictions are a condition to your license:

move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Services and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);

modify the Services, including, but not limited to, by removing identification, copyright or other proprietary notices from the Content or the Services;

create derivative works of any components of the Services owned by The Walt Disney Company, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;

Qualifications & exceptions

The derivative-works ban on service components yields only to the extent applicable law prohibits it.

Content & IP Rights · Restriction or exception

No commercial use or showing in public places like bars, restaurants or lobbies

You may not use the Services for any commercial or business purpose or in any commercial establishment or public area, such as a lobby, bar, restaurant, stadium, casino, club, cafe or theater; build a business using the content or Services; or help others do so, whether or not for profit. You also may not use the Services in a way that suggests an association with the companies' products, services or brands.

Supporting quotations

access or use the Services in a manner that suggests an association with our products, services or brands;

use the Services for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Content or Services, or engage in any activity to enable third parties to engage in any of the foregoing activities, in each case whether or not for profit;

Qualifications & exceptions

The ban applies "whether or not for profit".

Account & Service Control · Restriction or exception

No tampering with service protections, including hiding your location (for example with a VPN)

You may not bypass, modify, defeat, tamper with or circumvent any functions or protections of the Services, including by using any technology or technique to obscure or disguise your location when accessing them.

Supporting quotations

bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Services, including using any technology or technique to obscure or disguise your location when you are accessing the Services;

Qualifications & exceptions

This supports the territory rule that you may not access the Services from locations where they are not offered.

Not stated here

The text does not name specific tools; a VPN is an example of location-disguising technology, not a term the Agreement uses.

Cross-references

qualifies (model-proposed): ESPN and Hulu are U.S.-only; U.S. Disney+ subscriptions stay under this Agreement abroad — qualifies: The territory rule is backed by a ban on using any technology to disguise your location.

Content & IP Rights · Restriction or exception

No unauthorized framing or linking, and no harvesting user information for bulk messages

You may not index, frame, embed or link to the Services in a way the companies have not authorized, or collect information about users to send, facilitate or encourage unsolicited bulk or other communications.

Supporting quotations

index, frame, embed or link to the Services in a manner not authorized by us, or to collect information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications;

Content & IP Rights · Restriction or exception

Blocking or impairing ads in the Services is prohibited

You may not remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services.

Supporting quotations

remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services;

Security & Safeguards · Restriction or exception

No damaging the Services, spreading malware, or unlawful or rights-violating use

You may not damage, disable, overburden or impair the Services, including by introducing viruses or other harmful code. You also may not use the Services unlawfully, for an unlawful purpose, or in any way inconsistent with this Agreement, including in a way that would violate the Privacy Policy or third parties' rights or interfere with others' use of the Services.

Supporting quotations

damage, disable, overburden or impair the Services, including by introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

use the Services in any unlawful manner (whether criminal or civil), for any unlawful purpose, or in any manner inconsistent with this Agreement, including in a manner that would violate our Privacy Policy or the rights of any third parties or otherwise interfere with any other person’s use and enjoyment of the Services; or

Not stated here

The Privacy Policy is incorporated by reference but not supplied.

Content & IP Rights · Restriction or exception

Even an attempt to break the content or service restrictions counts as a rights violation

Any attempt to do something prohibited by the content restrictions in Section 3(b) or the service restrictions in Section 3(c) is treated as a violation of the rights of Disney+, ESPN, Hulu and the copyright holder, not only a completed act.

Supporting quotations

Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Disney+, ESPN, Hulu, and the copyright holder.

Qualifications & exceptions

Section 6 lets the companies take legal action for intellectual property violations and restrict or terminate access.

Cross-references

related (model-proposed): No circumventing DRM, copying, rebroadcasting or making derivative works of the content — references: Any attempt at the Section 3(b) content restrictions is treated as a rights violation.

Account & Service Control · Restriction or exception

You need compatible devices, software updates and, for some features, high-speed internet

Using the Services requires compatible devices, and some software may need periodic updates; performance of these can affect your use. Content is accessible on most internet-connected computers and through apps on certain mobile and other devices (each a "Compatible Device"). You are responsible for understanding and following any limits on your devices. Some components or Service Tiers may work only on some Compatible Devices or need extra software. A high-speed internet connection is required for certain aspects of the Services.

Supporting quotations

Use of the Services requires compatible devices, and certain software may require periodic updates, and your use of the Services may be affected by the performance of these elements.

You are responsible for understanding and complying with any limitations on the use of Compatible Devices.

Additionally, certain components of the Services or Service Tiers may only be compatible with a subset of Compatible Devices or require download of certain software, even if other aspects of the Services can be accessed on any Compatible Device.

You must have a high speed Internet connection in order to access and use certain aspects of the Services.

Qualifications & exceptions

Supported devices and streaming requirements are listed in each Service's help center, not here.

Account & Service Control · Company practice

Simultaneous stream limits depend on tier and content and can change at the companies' discretion

Content streams over an active internet connection. The number of streams you can watch at the same time may be limited by Service Tier or type of content, these limits may change at the companies' discretion, and they may require device and account verification. The companies may also offer streaming outside the Service app with different features, usage rules and device compatibility.

Supporting quotations

The number of concurrent streams available for use may be subject to limitations by Service Tier or type of Content, and such limitations may change from time to time at our discretion and may require device and account verification.

Additionally, we may offer the opportunity to stream Content outside of the Service application, subject to different features and functionality, usage rules, and device compatibility.

Qualifications & exceptions

Current stream limits are published in each Service's help center, not in this Agreement.

Not stated here

The actual concurrent stream numbers are not stated.

Account & Service Control · Restriction or exception

Offline downloads are temporary and limited in number and duration by tier

Some content may be available for temporary download for offline viewing on certain Compatible Devices, depending on your Service Tier or the type of content. How many downloads you can have and how long they stay available may be limited by Service Tier, and those limits may change at the companies' discretion.

Supporting quotations

The Content may be available for temporary download for offline viewing on certain Compatible Devices based on your Service Tier or type of Content.

The number of temporary downloads available for Compatible Devices, and the length of time that certain temporary downloads remain available to you for offline viewing, may be subject to limitations by Service Tier, and such limitations may change from time to time at our discretion.

Qualifications & exceptions

Downloads are part of the license, not ownership, and are lost when a subscription terminates (Section 6).

Not stated here

Specific download limits are in each Service's help center.

Account & Service Control · Restriction or exception

The content catalog is not guaranteed, and live sports may be blacked out by location

Content available on any Service Tier is not guaranteed and may be limited or change over time, based on rights availability, your subscription or tier, your location, or law. Some live content, including sporting events, may be unavailable due to regional blackouts, device-specific or similar restrictions, and some networks may be unavailable in certain local markets. Blackout and local market restrictions are set solely by sports leagues and other rights holders.

Supporting quotations

The Content that we make available via any Service Tier is not guaranteed and may be limited and vary over time, including (i) based on rights availability, (ii) based on the terms of your subscription or Service Tier, (iii) based on your location, or (iv) by law.

Certain live Content, including sporting events, may be unavailable due to regional blackouts, device-specific, or similar restrictions, and certain networks may be unavailable in certain local markets.

Blackout and local market restrictions are determined solely by sports leagues and other parties that control Content rights.

Qualifications & exceptions

Losing a title or event from the catalog is not by itself a basis for a refund under the no-refund rule.

Data Access & Collection · Company practice

Your device location, or your Hulu Live Home, decides local access; location sharing may be required

Access to individual events or local network affiliates is generally determined by your device's location when you use the Services, or for certain networks, such as regional sports networks on the Hulu Live tier, by the location of your designated Home. The companies may use different technologies and methods to verify your location, and you may need to enable location sharing on certain devices to access this content.

Supporting quotations

Generally, your access to individual events or local network affiliates will be determined by the location of your device at the time you access the Services or, for certain networks (e.g. regional sports networks offered via the Hulu Live Service Tier) by the location of your Home (as defined below).

We may use different technologies and methods to verify your location, and you may be required to enable location sharing on certain devices in order to access this Content.

Qualifications & exceptions

Location sharing is required only on certain devices and only to access location-restricted content.

Not stated here

The location technologies and methods used are not identified; the Privacy Policy is not supplied.

Account & Service Control · Procedure

Hulu Live TV subscribers must set a residential Home network and check in from it every 30 days

If you subscribe to the Hulu Live TV tier, you should designate a residential, non-mobile internet network as your "Home" when setting your home location at registration. Your Home determines which streams count as in-home or out-of-home where your subscription requires it. For uninterrupted Hulu Live TV, you should access the Services on your mobile device from your Home location every 30 days, or another period stated in the Hulu Help Center.

Supporting quotations

If you subscribe to the Hulu Live TV Service Tier, make sure to designate a residential, non-mobile internet network (“Home”) when you set your home location as part of the registration and access process.

Your Home will be used to determine which streams are considered “in-home” or “out-of-home”, where relevant to the requirements of your subscription.

In addition, for uninterrupted enjoyment of the Hulu Live TV Service Tier, you should access the Services on your mobile device from your Home location every 30 days, or such other period described in the Hulu Help Center.

Qualifications & exceptions

Applies only to the Hulu Live TV Service Tier.
The 30-day period can be changed through the Hulu Help Center.

Not stated here

What happens if you miss the 30-day check-in is not stated beyond losing uninterrupted access.

Retention & Deletion · Restriction or exception

Hulu Live cloud DVR recordings are limited and can be lost if access lapses, even after it resumes

The Hulu Live TV tier may let you record live TV to a cloud DVR. Hulu may limit storage capacity and how long recordings are kept. If your subscription, or your access to any content or channels in it, is cancelled, suspended, interrupted or discontinued, you may lose previously made recordings even if access is later restored. Hulu does not guarantee error-free recording, storage or playback. Apart from the cloud DVR, you may not record, copy, store or redistribute content, and you may use the DVR only as copyright and other laws permit.

Supporting quotations

The Hulu Live TV Service Tier may provide the ability to record live TV Content to your cloud DVR. Hulu may limit storage capacity and the amount of time such recordings can be stored on your cloud DVR and available to you.

If your subscription – or your access to any of the Content or networks/channels included in your subscription – is cancelled, suspended, interrupted, or otherwise discontinued, you may lose access to previously-made recordings, even if your subscription or that access resumes or is reinstated.

Unfortunately, Hulu is unable to guarantee error-free recording, storage, or playback. Other than your usage of the cloud DVR made available to you by Hulu, you may not record, copy, store, or redistribute any Content.

Qualifications & exceptions

Applies only to the Hulu Live TV Service Tier.
A temporary interruption of access to a single channel can be enough to lose recordings from it.

Not stated here

Storage capacity and retention periods are not stated.

Legal Rights & Agreement Rules · Restriction or exception

The Services may be unavailable during maintenance, outages or events beyond control, with no liability

The Services or some or all content may be unavailable for streaming or downloading at any time, including during maintenance or updates, power or server outages, war, riots, strikes or social unrest, technical delivery or playback problems, or other matters beyond the companies' or third parties' control. The companies say they will make reasonable efforts to give as much advance notice as possible, but will have no liability to you when this happens.

Supporting quotations

It is possible that the Services, and/or some or all Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; (iv) technical issues with Content delivery or playback; or (v) as a result of other matters beyond the control of us or third parties.

We will take reasonable efforts to provide you with as much prior notice as possible; however, we shall have no liability to you in such event.

Qualifications & exceptions

Advance notice is a reasonable-efforts commitment, not a guarantee.

Charges & Financial Obligations · Restriction or exception

Features, devices and the Services can be changed or discontinued without notice; any credit is discretionary

The companies may remove features, functionality, devices or platforms from the Services. They say they will do their best to tell you about such changes, usage rules and restrictions, but may make them at their sole discretion at any time without notice. You agree they are not liable for modifying, suspending or discontinuing the Services. If they suspend or discontinue your subscription, they may, at their sole discretion, give you a credit, refund, discount or other consideration, but not if they ended or suspended your access because you violated this Agreement.

Supporting quotations

There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Services.

We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice.

You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Services, although if you are a subscriber and we suspend or discontinue your subscription to the Services, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration.

However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of this Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.

Qualifications & exceptions

Any credit or refund after a discontinuance is optional for the companies.
No credit is available when the suspension or termination is due to your violation.

Cross-references

qualifies (model-proposed): No refunds or credits for partly used periods, except where law requires or at the companies' discretion — qualifies: Besides the case-by-case refund discretion, a discretionary credit or refund may follow a suspension or discontinuance by the companies, but never one caused by your violation.

Account & Service Control · Company practice

The companies may test features, ads, plans and pricing on some users and not others

As part of assessing the Services, the companies may experiment with or offer certain features or elements, including promotions, features, ads, user interfaces, plans and pricing, to any or all users. You acknowledge these are at their sole discretion, may come with additional terms, and may not apply to every subscriber.

Supporting quotations

In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Services, including promotions, features, advertisements, user interfaces, plans and pricing.

You acknowledge that these are implemented in our sole discretion, may be subject to additional terms, and may not apply to every subscriber.

Qualifications & exceptions

Experiments can include pricing, so two subscribers may see different plans or prices.

Data Access & Collection · Context

Data collection, use and sharing are governed by the separate Privacy Policy, which is part of this Agreement

For how the companies collect, use and share your information, the Agreement refers you to the Privacy Policy on the Disney+ site and incorporates it by reference, so it forms part of what you agree to.

Supporting quotations

For more information about our collection, use, and sharing of your information, please refer to our Privacy Policy

and is incorporated herein by reference.

Qualifications & exceptions

Section 5 itself contains only this reference and the security and law enforcement disclosure term.

Not stated here

The Privacy Policy is not supplied with this agreement, so its terms are not analyzed here.

Sharing & Disclosure · Company practice

Details may be released to other sites' administrators and law enforcement for security incidents and law violations

You agree that the companies may release your details to system administrators at other sites and to law enforcement agencies to help them resolve security incidents and violations of law.

Supporting quotations

We reserve the right to, and you agree that we may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.

Qualifications & exceptions

The stated purpose is limited to resolving security incidents and violations of law.

Not stated here

Which "details" may be released is not defined, and no legal process requirement such as a subpoena is stated.

Account & Service Control · Company practice

Access can be restricted, suspended or terminated without notice or liability for suspected misuse

The companies may, at their sole discretion and without notice or liability to you, restrict, suspend or terminate your access to some or all of the Services and content if they believe you are using or have used the Services in violation of this Agreement, applicable law, or other than for their intended purpose. Without limiting that, they may restrict or suspend access because of law enforcement or government requests, unexpected technical problems, or if they reasonably believe your MyDisney account was created or accessed fraudulently or is being used for fraud. You agree they are not liable to you or anyone else for any such restriction, suspension or termination.

Supporting quotations

You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services, and to any Content if we believe you are using or have used the Services in violation of this Agreement or applicable law or regulations or in any manner other than for their intended purpose

(a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your MyDisney account has been created fraudulently

You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to the Services or the Content.

Qualifications & exceptions

The trigger is the companies' belief, not a proven violation.
Technical problems and government requests can justify a restriction or suspension even if you did nothing wrong.

Not stated here

No appeal or review process is described.

Account & Service Control · Company practice

A subscription inactive for an extended period, such as over a year without logging in, may be terminated

The companies reserve the right, but are not required, to terminate a subscription that stays inactive for an extended period, for example more than one year. Not logging in to your subscription counts as inactivity.

Supporting quotations

We also reserve the right, but are not required, to terminate any subscription to the Services that remains inactive for an extended period of time, e.g., more than one year (failure to log in to your subscription to the Services will constitute inactivity for purposes of this Agreement).

Qualifications & exceptions

One year is given as an example of an extended period, not a fixed threshold.

Not stated here

Whether you are notified or refunded before an inactive subscription is terminated is not stated.

Legal Rights & Agreement Rules · Company practice

The companies may sue over IP violations or fraud, and delay in enforcing does not waive rights

The companies reserve the right to take legal action against you for violating intellectual property rights, fraud or similar grounds for termination. If they delay exercising or enforcing any right or remedy, that delay does not waive it.

Supporting quotations

We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.

Our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party.

Qualifications & exceptions

Intellectual property ownership and enforcement disputes are excluded from arbitration (Section 7).

Content & IP Rights · Restriction or exception

When a subscription is terminated you lose streamed and downloaded content; a cancellation runs to term end

When your subscription to a Service is terminated, whether by the companies' decision or at your request, you lose the right to access streamed or downloaded content through that Service. An ordinary cancellation is different: your subscription continues until the end of the subscription term.

Supporting quotations

UPON TERMINATION OF YOUR SUBSCRIPTION(S) TO ANY SERVICES, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE SUBSCRIPTION TERM), YOU WILL LOSE THE RIGHT TO ACCESS STREAMED OR DOWNLOADED CONTENT THROUGH SUCH SERVICE(S).

Qualifications & exceptions

Downloads do not survive termination because the content is licensed, not owned.

Cross-references

contrast (model-proposed): You can cancel anytime; it takes effect at the end of the term and remaining periods are still billed — contrast: Termination ends access to streamed and downloaded content, while an ordinary cancellation keeps the subscription running to the end of the term.

Legal Rights & Agreement Rules · Restriction or exception

You waive court and jury trials: all Disputes, including with Disney affiliates, go to individual arbitration

You and Disney+, ESPN and/or Hulu agree to resolve all Disputes by binding individual arbitration, including related disputes involving The Walt Disney Company or its affiliates, and the section includes a class action waiver and a jury trial waiver. Two kinds of dispute are excluded: individual (non-class) claims within a small claims court's jurisdictional and dollar limits, and disputes about ownership or enforcement of intellectual property rights.

Supporting quotations

YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

You, on the one hand, and Disney+, ESPN, and/or Hulu, on the other hand, agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving The Walt Disney Company or its affiliates) except for:

(i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights.

Qualifications & exceptions

You can opt out by mail within 30 days of first becoming subject to the arbitration agreement (Section 7(g)).
If the class waiver is found invalid, no one can compel arbitration and Disputes go to court.

Cross-references

qualifies (model-proposed): Disputes go to individual arbitration with a class action waiver, with stated exceptions — qualifies: The opening notice names only small claims as an exception; the arbitration section adds intellectual property ownership and enforcement disputes as a second exception.

Legal Rights & Agreement Rules · Context

"Dispute" is defined broadly and appears to send questions about arbitrability to the arbitrator

"Dispute" covers any claim or controversy between you and the companies concerning the Services, based on past, present or future events and on contract, tort, statute or common law. It also reaches disputes over the interpretation, applicability, enforceability or formation of these terms, including whether a dispute is arbitrable and claims that the Agreement is void or voidable. Read with the arbitration clause, this appears to give the arbitrator authority to decide those threshold questions, but the sentence is garbled in the source.

Supporting quotations

“Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and us concerning the Services

or this exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable.

Qualifications & exceptions

Future events are included, so the definition is not limited to disputes that existed when you agreed.

Not stated here

The phrase "or this exclusive authority to resolve" reads as if words are missing; the saved text does not say who holds that exclusive authority, so the delegation to the arbitrator is an interpretation, not stated text.

Legal Rights & Agreement Rules · Restriction or exception

No class, representative or consolidated proceedings; if that waiver fails, Disputes go to court

You, Disney+, ESPN and Hulu waive class action procedures. No party may bring a dispute as a class action, private attorney general action or other representative proceeding, and you and the companies expressly waive any right to file a class action or seek class relief. No arbitration or proceeding can be combined with another without the prior written consent of all parties. If this class or consolidation waiver is found invalid or unenforceable, neither side is entitled to arbitration and all Disputes will be resolved in court.

Supporting quotations

YOU, DISNEY+, ESPN, AND HULU AGREE TO WAIVE CLASS ACTION PROCEDURES.

No party will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity.

No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings.

If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court.

Qualifications & exceptions

Opting out of arbitration alone does not remove the class action waiver (Section 7(g)).

Cross-references

qualifies (model-proposed): You waive court and jury trials: all Disputes, including with Disney affiliates, go to individual arbitration — qualifies: If the class or consolidation waiver is invalid, neither side is entitled to arbitration and all Disputes go to court, so the arbitration agreement depends on the waiver.

Legal Rights & Agreement Rules · User right or choice

Either side may take a Dispute to small claims court instead, even after an arbitration demand

Subject to jurisdictional requirements, you or the companies may pursue a Dispute in local small claims court instead of informal dispute resolution or arbitration, as long as it stays in small claims court and proceeds individually. If one party has already filed an arbitration demand, the other may, at its sole discretion, tell the arbitral forum it wants small claims court; the forum then closes the arbitration and the Dispute goes to small claims court with no fees due from the arbitration respondent.

Supporting quotations

Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis.

If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.

Qualifications & exceptions

The small claims route skips the informal notice and conference steps.

Cross-references

narrows (model-proposed): You waive court and jury trials: all Disputes, including with Disney affiliates, go to individual arbitration — exception_to: Individual small claims cases may be taken to small claims court instead of arbitration, even after an arbitration demand.

Legal Rights & Agreement Rules · Procedure

Before arbitrating you must mail a detailed Dispute notice, including how you calculated damages

Except for small claims Disputes, the party making a claim must first send the other a written notice of Dispute giving the sender's name, address and contact information, detailed facts sufficient to evaluate the individual claim, and the specific relief sought, including any amount demanded and how it was calculated. Your notice goes to the Legal departments at the listed addresses for Disney+ in Burbank, ESPN+ in New York, Hulu, LLC in Santa Monica, and Hulu Live LLC in New York.

Supporting quotations

Except for those Disputes eligible to be resolved in small claims court, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages.

You must send any notice of a Dispute to:

Disney+ Attention: Legal 500 South Buena Vista Street, Burbank, California 91521-7620, USA

ESPN+ Attention: Legal 50 Vandam Street, 9W New York, NY 10013, USA

Hulu, LLC Attention: Legal 2500 Broadway, 2nd Floor Santa Monica, CA 90404, USA

and

Hulu Live LLC Attention: Legal 1290 Avenue of the Americas New York, NY 10104

Qualifications & exceptions

The notice is a precondition: arbitration cannot start until the informal negotiation period and Conference are complete.

Not stated here

The text does not say which addresses to use for a Dispute involving only one service; the addresses are listed together.

Legal Rights & Agreement Rules · Procedure

A 60-day negotiation and a personal meet-and-confer must happen before anyone can file arbitration

The companies send Dispute notices to the contact information on your account. Both sides then try to resolve the Dispute through informal negotiation for sixty days from when the notice is sent. This includes an individual meet-and-confer (the "Conference") in person or by phone or video, addressing only your Dispute; if you have a lawyer, they may join but you must also take part personally, while the companies may send representatives including counsel. Only after the sixty days and after the Conference may either side start arbitration on that claim, and a court may issue an injunction enforcing these steps, including stopping an arbitration filed too early.

Supporting quotations

We will send any notice of a Dispute to you at the contact information we have available for you in connection with your account.

You and we will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent.

If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate.

After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim.

Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

Qualifications & exceptions

Your personal participation is required even if you are represented.
Informal communications remain allowed before, during or after the Conference.

Legal Rights & Agreement Rules · Restriction or exception

Content is for information and entertainment only, not legal, financial or medical advice

You agree that content received through the Services is intended only for informational and entertainment purposes. It is not legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for those purposes.

Supporting quotations

You understand and agree that the Content you receive through the Services is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

Content & IP Rights · Context

Ratings and genre labels are only suggestions; you choose what is appropriate for your family

You may encounter content you find offensive, indecent, explicit or objectionable. Content ratings, types, genres, categories and descriptions are suggestions for navigation and information, and the companies do not guarantee you will agree with them. You accept these risks and are responsible for choosing what content is appropriate for your family.

Supporting quotations

You may come across Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them.

You acknowledge these risks and your responsibility for making your own choices regarding what Content is appropriate for your family.

Not stated here

Parental control features are not described in this Agreement.

Content & IP Rights · Context

Some content has flashing lights, and 4K HDR brightness may affect photosensitive viewers

Content may contain flashing light sequences or patterns that can affect people susceptible to photosensitive epilepsy or other photosensitivities. 4K UHD HDR versions allow greater brightness and color saturation, which may also affect viewers.

Supporting quotations

The Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation, which may also affect users.

Account & Service Control · Restriction or exception

HD and 4K are available only for some content, and no warranty is given on playback quality or start time

HD is available for certain Disney+, ESPN and Hulu content and 4K Ultra HD for certain Disney+ and Hulu content. Playback quality, including resolution, may be affected by the content's format, your location, your internet speed, bandwidth and plan terms, and your devices, among other factors. The time to start playback also varies with location, bandwidth, the number of devices on your network, the content and your device configuration. As a result, the companies make no warranties about content in these respects.

Supporting quotations

For example, HD quality is available for certain Disney+, ESPN, and Hulu Content and 4K Ultra HD quality is available for certain Disney+ and Hulu Content.

That said, the playback quality of Content, including resolution, may be affected by the format of the Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices and/or equipment used, among other factors.

As a result, we are unable to make any warranties about the Content in these respects.

Qualifications & exceptions

4K is listed for Disney+ and Hulu content only, not ESPN.

Not stated here

Which titles are available in HD or 4K is not stated.

Legal Rights & Agreement Rules · Context

Apple, Google or Microsoft become third-party beneficiaries when you use their devices, and their terms also apply

The Services may integrate with or be provided through third-party services, content and devices that the companies do not control, and you should read those parties' terms, privacy policies and safety information. If you access the Services through a third-party service or device, for example an Apple iOS, Android or Microsoft Windows device, then Apple, Google, Microsoft or the other provider is a third-party beneficiary of this contract, though not a party to it, and your access through that device is also subject to that provider's terms of service.

Supporting quotations

The Services may integrate, be integrated into, or be provided in connection with third-party services, content, and devices. We do not control those third-party services, content, and devices.

shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not parties to this contract. You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

Qualifications & exceptions

Third-party beneficiaries can rely on the contract without being parties to it.

Not stated here

The device makers' terms of service are not supplied.

Charges & Financial Obligations · Restriction or exception

Your mobile carrier's data and roaming fees apply, and carriers may block or restrict the Services

When you use the Services over a mobile network, your network or roaming provider's messaging, data and other fees apply. Your network provider may prohibit or restrict downloading, installing or using the Services, and the Services may not work with your provider or device.

Supporting quotations

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the Services may not work with your network provider or device.

Legal Rights & Agreement Rules · Restriction or exception

You must follow export control laws for software and technical data

Software and any technical data transmitted in connection with the Services are subject to export controls, and you agree to comply with all applicable laws on software and technical data exported from the United States or your country of residence.

Supporting quotations

Software and the transmission of applicable technical data, if any, in connection with the Services, are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Not stated here

The specific export control laws are not named.

Content & IP Rights · Permission or license

Anything you submit gives the companies a perpetual, royalty-free license to use it without paying you

The companies' policy is not to accept or consider unsolicited creative ideas or materials. Still, for anything you submit, solicited or not, you agree it is not confidential, creates no confidential or fiduciary relationship, and carries no expectation of review or compensation. The companies do not claim ownership, but you grant them a non-exclusive, sublicensable, irrevocable, royalty-free, worldwide license under all intellectual property, privacy and publicity rights to use, reproduce, display, adapt or otherwise exploit it for any purpose, without time limit, notice, attribution, permission or payment.

Supporting quotations

Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials.

In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

We do not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

Qualifications & exceptions

The license covers solicited submissions too, not only unsolicited ideas.
It extends to privacy and publicity rights in what you submit.

Legal Rights & Agreement Rules · Procedure

For matters without a specific procedure, contact each Service's help center

Where the Agreement does not set out a specific contact procedure, you may contact the companies through the help center of the relevant Service.

Supporting quotations

For any matters where specific contact procedures are not provided for elsewhere in this Agreement, you may contact us by visiting your applicable Service’s Help Center.

Qualifications & exceptions

Dispute notices and arbitration opt-outs have their own mailing requirements in Section 7 and are not handled through the help center.

Legal Rights & Agreement Rules · Restriction or exception

The Services and content are provided as is, with all warranties disclaimed to the extent law allows

You agree, as an essential condition, that the content and Services are provided "as is" without warranties of any kind. To the fullest extent the law allows, Disney+, ESPN, Hulu and their affiliates, licensors, agents and service providers disclaim all express, implied and statutory warranties, including merchantability, fitness for a particular purpose, accuracy, availability, security, compatibility and noninfringement. They do not warrant that the content or Services will be free of errors, viruses or harmful components or meet your requirements, and you bear the cost of any servicing, repair or correction needed from using them. Some jurisdictions do not allow excluding implied warranties, so this may not apply to you.

Supporting quotations

YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AS WELL AS THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.

EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT

YOU AND NOT THE DISNEY+, ESPN, AND HULU PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Qualifications & exceptions

Applies only to the fullest extent permitted by law; some jurisdictions bar excluding implied warranties.

Legal Rights & Agreement Rules · Restriction or exception

Liability is capped at $1,000 and excludes personal injury and indirect damages where law allows

To the extent applicable law does not prohibit it, the Disney+, ESPN and Hulu parties are not liable for personal injury or for indirect, special, incidental or consequential damages, including lost profits and property damage, resulting from using or being unable to use the content or Services, even if warned of the possibility, nor for delays or failures caused by events beyond their reasonable control. Their total liability to you for all damages, losses and causes of action is capped at US $1,000, under any legal theory. Some states do not allow these limits, so they may not apply to you.

Supporting quotations

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DISNEY+, ESPN, AND HULU PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE

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).

BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Qualifications & exceptions

Applies only where applicable law does not prohibit it.
The $1,000 cap covers all claims combined, not each claim.

Legal Rights & Agreement Rules · Restriction or exception

Court cases not subject to arbitration must be filed in Manhattan, New York

Any lawsuit arising out of or relating to this Agreement that is not subject to arbitration must be filed only in the state or federal courts in Manhattan, New York, and you consent to those courts' personal jurisdiction.

Supporting quotations

You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America

Qualifications & exceptions

Court actions to compel arbitration or confirm an award follow the separate Los Angeles-or-Manhattan rule in Section 7(c).
Small claims cases go to a local small claims court under Section 7(a).

Legal Rights & Agreement Rules · Context

New York law and U.S. law govern the Agreement

This Agreement is governed by the laws of the State of New York and of the United States, without applying conflict of law principles.

Supporting quotations

This Agreement is governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.

Qualifications & exceptions

The arbitration agreement itself is governed by the Federal Arbitration Act rather than state law (Section 7(c)).

Legal Rights & Agreement Rules · Context

Invalid terms are cut out without affecting the rest, and terms meant to survive termination do

If any provision is unlawful, void or unenforceable, it is severed and the rest of the Agreement remains valid and enforceable. Provisions that by their nature should survive termination of the Agreement survive it.

Supporting quotations

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

Qualifications & exceptions

Severability has a specific exception for the class action waiver: if it is invalid, arbitration falls away entirely (Section 7).

Not stated here

Which provisions survive "by their nature" is not listed, apart from the arbitration agreement's express survival.

Legal Rights & Agreement Rules · Context

This Agreement plus incorporated policies is the whole deal, replacing earlier understandings

This Agreement, the provisions it references and any agreements or policies incorporated by reference form the entire agreement between you and the companies on its subject and supersede all prior arrangements, understandings and discussions, oral or written. Waiving one provision does not waive any other, and a waiver is not continuing unless expressly stated.

Supporting quotations

This Agreement and the provisions referenced herein, along with any agreements or policies that are incorporated herein by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.

No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Qualifications & exceptions

Incorporated documents such as the Privacy Policy are part of the entire agreement but are not supplied here.

Legal Rights & Agreement Rules · Procedure

Arbitration is under the Federal Arbitration Act before ADR Services (or NAM) with a single arbitrator

If a Dispute is not resolved informally or in small claims court, it goes to binding arbitration. The Federal Arbitration Act, cited as 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs how this arbitration agreement is interpreted and enforced. Arbitration demands must be filed with ADR Services, Inc.; if ADR Services is unavailable, National Arbitration and Mediation (NAM) conducts it. The forum's rules govern except where they conflict with this Agreement, and a single neutral arbitrator decides.

Supporting quotations

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 its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement.

Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”)

The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator.

Qualifications & exceptions

Where the forum's rules conflict with this Agreement, the Agreement controls.
The Federal Arbitration Act is cited by name and section only; its text is not supplied here.

Not stated here

The ADR Services and NAM rules are not supplied.

Cross-references

qualifies (model-proposed): New York law and U.S. law govern the Agreement — qualifies: New York law governs the Agreement generally, but the Federal Arbitration Act, not state law, governs the arbitration agreement.

Legal Rights & Agreement Rules · Procedure

In-person hearings are in Los Angeles or Manhattan, or your hometown on undue burden; relief is individual only

Arbitration may take place in person, through documents, by phone or online. Proceedings that cannot be handled remotely take place in Los Angeles or Manhattan, whichever is more convenient for you; if you show that either would be an undue burden, the arbitrator may hold an in-person hearing in your hometown area. Courts in Los Angeles or Manhattan, whichever is more convenient for you, have exclusive jurisdiction to compel arbitration, stay proceedings, or confirm, modify, vacate or enter judgment on an award. The arbitrator may award damages and declaratory or injunctive relief as a court could, but only to the extent needed to satisfy the individual party's claim.

Supporting quotations

Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in Los Angeles or the borough of Manhattan would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area.

You, Disney+, ESPN, and Hulu agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.

Qualifications & exceptions

A hometown hearing is at the arbitrator's discretion ("may") and requires you to demonstrate undue burden.
Relief, including injunctions, is limited to the individual claim, not the public or other subscribers.

Cross-references

qualifies (model-proposed): Court cases not subject to arbitration must be filed in Manhattan, New York — qualifies: Court actions to compel arbitration or confirm or vacate an award may be brought in Los Angeles or Manhattan, whichever is more convenient for you, while other non-arbitrable actions go only to Manhattan.

Charges & Financial Obligations · Restriction or exception

If you start arbitration you pay the nonrefundable filing fee; if the companies start it, they pay everything

If the companies start an arbitration against you, they pay all arbitration costs, including the whole filing fee. If you start it, you pay the nonrefundable initial filing fee and other applicable fees required by ADR Services or NAM, whose fee schedules are linked. If the arbitrator finds a claim or the relief sought violates the standards of Federal Rule of Civil Procedure 11, the arbitrator may, to the extent the law permits, award sanctions as that rule allows.

Supporting quotations

If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM.

If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule.

Qualifications & exceptions

Fee amounts depend on the forum's schedules, which are not supplied.
Rule 11 is cited by name only; its text is not supplied.

Not stated here

The actual filing fee amounts are not stated.

Charges & Financial Obligations · Procedure

Rejecting a settlement offer and doing no better at hearing makes you pay the other side's costs

At least ten calendar days before an arbitration hearing, either side may serve a written offer of judgment on specified terms. If accepted, the arbitrator enters judgment on it. If not accepted before the hearing or within thirty calendar days, whichever comes first, it is withdrawn and cannot be used as evidence. If the receiving party rejects an offer and then fails to obtain a more favorable award, that party cannot recover its own costs after the offer and must pay the offering party's costs from the time of the offer, including all fees paid to the arbitral forum.

Supporting quotations

At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms.

If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration.

If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.

Qualifications & exceptions

The rule applies to both sides, but the cost shift can include forum fees that may be significant for an individual.

Not stated here

Whether "costs" includes attorneys' fees is not stated.

Legal Rights & Agreement Rules · Restriction or exception

The arbitration agreement survives after you leave the Services

The arbitration agreement continues to apply after your relationship with Disney+, ESPN and/or Hulu ends, including if you revoke consent or take any other action to end your participation in the Services or any communication with the companies.

Supporting quotations

This arbitration agreement will survive the termination of your relationship with Disney+ and/or ESPN and/or Hulu, including any revocation of consent or other action by you to end your participation in the Services or any communication with us.

Legal Rights & Agreement Rules · User right or choice

You can opt out of arbitration by mail within 30 days; email opt-outs do not count

You may opt out of the arbitration agreement by mail, in which case neither side can force the other to arbitrate. You must send written notice no later than thirty calendar days after first becoming subject to the arbitration agreement; otherwise you are bound to arbitrate Disputes individually. Opting out of the arbitration provisions alone leaves the class action waiver in force, and you cannot opt out of the class action waiver without also opting out of arbitration. The notice must include your name and address, the email address used for your account, and a clear statement that you want to opt out of arbitration (and, if applicable, the class action waiver), mailed to Disney Opt-Out, P.O. Box 11565, Burbank, California, 91510. Opt-out notices sent by email are not effective.

Supporting quotations

You may opt out of this arbitration agreement via mail. If you do so, neither party can force the other party to arbitrate.

To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement

otherwise you shall be bound to arbitrate Disputes on a non-class basis in accordance with this Agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions.

Your opt-out notice must include your name and address, the email address you used to set up your 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, California, 91510. For clarity, opt-out notices submitted via email will not be effective.

Qualifications & exceptions

The 30-day window runs from when you first became subject to this arbitration agreement.
To also escape the class action waiver, the notice must say so expressly.

Not stated here

Whether a later amendment starts a new opt-out window is not stated.

Cross-references

qualifies (model-proposed): No class, representative or consolidated proceedings; if that waiver fails, Disputes go to court — qualifies: Opting out of arbitration alone does not remove the class action waiver; the waiver can be escaped only together with arbitration.