Clause database · Telecom, streaming, and subscriptions
Disney+
Disney+, ESPN, and Hulu Subscriber Agreement
As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-full
“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.
Company’s fee promise
Reviewed category: pays-only-if-company-initiates
If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
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.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
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. This informal negotiation requires an individual meet–and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and us (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. Disney+ and/or ESPN and/or Hulu will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings.
Small-claims carve-out
Reviewed category: available-standard-carve-out
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
Opt-out
Reviewed category: general-with-window
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.
Unilateral modification
Reviewed category: change-by-notice-no-rejection-right
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.
Scope
Reviewed category: broad-plus-survives-termination
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. ... 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.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
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.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.