DISNEY MOVIES ONLINE - TERMS AND CONDITIONS
Updated: August 25, 2011
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1. INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE DISNEY MOVIES ONLINE SITE. These Terms and Conditions (these "Terms") govern your use of the Disney Movies Online Web site ("Disney Movies Online"). You agree to these Terms by clicking the "Continue", "Agree" or similar button during the registration process and by your use of the Disney Movies Online site. If you do not agree to these Terms, you may not use Disney Movies Online. These Terms apply in addition to, and not in lieu of, the WDIG Terms of Use. In the event these Terms directly conflict with the WDIG Terms of Use, these Terms will prevail. The Walt Disney Internet Group ("WDIG") and any and all entities that control, are controlled by, or are affiliated or under common control with, WDIG are collectively referred to herein as "Disney," "we," "us," or "our." Capitalized terms used but not defined herein shall have the meaning assigned to them in the WDIG Terms of Use.
2. OVERVIEW OF DISNEY MOVIES ONLINE
Disney Movies Online is Disney's premiere movie site that allows you to stream digitized versions of selected Disney Movies (the "Movies") over the Internet. Disney Movies Online allows you to:
a. Stream selected Movies as a reward:
If you legitimately possess selected Disney DVDs or Disney Blu-ray discs with a DisneyFile digital copy ("Digital Disc"), you may receive a "Magic Code," which is a unique code found with your Digital Disc that allows you to access your digital copy, and for selected Movies, also allows you to watch that same movie on Disney Movies Online an unlimited number of times for an indefinite period of time, at no additional charge (the "Digital Disc Program"). For more information on the Digital Disc Program, click here. Please note your access to the Movies in the Digital Disc Program is subject to change.
b. Stream a Movie for which you own a DVD or disc:
If you legitimately possess a Disney DVD or Blu-ray disc, but not a DisneyFile Digital Copy Disc, and if that movie is available for streaming, you may pay a reduced fee to gain the ability to stream that same movie an unlimited number of times for an indefinite period of time. For more information on how to upgrade your DVD or Blu-ray disc for a reduced fee, click here. The Magic Code can be found inside your Disney DVD or Blu-ray disc in specially marked packages. If you have lost your Magic Code, please click here for help.
c. Stream a Movie even if you don't already own a DVD, Blu-ray disc, or Digital Disc:
Even if you don't already own a Disney Movie in DVD or Blu-ray disc, or a DisneyFile Digital Copy Disc, you may pay a fee to gain the ability to stream selected Movies for an unlimited number of times for an indefinite period of time. For more information on how to stream selected Movies, click here.
d. Rent a Movie:
You may pay a fee to gain the ability to stream a Movie for 48 hours ("Viewing Period"). The Viewing Period starts once the rental transaction has been completed. You may watch the rented Movie an unlimited number of times during the Viewing Period. Once the Viewing Period has expired, you will no longer have access to the rented Movie. For more information on how to rent a Movie, click here.
As not all Disney movies are offered on Disney Movies Online, click on the "Buy, Rent & Watch Instantly" button on the Disney Movies Online site to view the current list of available titles, or use our Search to find specific Movies. All prices, features, specifications, programs and availability of Movies, bonus features, and included extras described on the Disney Movies Online site are subject to change at any time without notice.
3. ELIGIBILITY AND REGISTRATION
As of August 25, 2011, children under the age of 13 are no longer eligible to register on Disney Movies Online. Children who have registered on Disney Movies Online prior to August 25, 2011 may continue to use their account. However, as before, in order to add any movies to the child's account, the child must have the permission of a parent or legal guardian, which can be provided through the e-mail sent to the parent e-mail address provided during registration. Also, the parent or legal guardian must provide the credit card information and complete all purchases for the child's account.
If you are a first time user of Disney Movies Online, you must register with Disney Movies Online and accept these Terms by clicking the "Continue," "Accept," or similar button. If you are not already a member of the Disney Movie Rewards Loyalty Program, your registration with Disney Movies Online will automatically enroll you with Disney Movies Rewards Loyalty Program, and you must agree to the Terms and Conditions for that Program as well. By registering with Disney Movies Online, you agree to the collection, use and disclosure of your personal information by us in a manner consistent with the WDIG Privacy Policy and your choices regarding communications from members of The Walt Disney Family of Companies. While Disney Movies Online does not share this information with unaffiliated third parties, Disney Movies Online may share with other members of The Walt Disney Family of Companies and third party service providers who assist with completing or fulfilling transactions or requests initiated by you, information regarding your individual account and use of Disney Movies Online, which these entities may use pursuant to these Terms, and for other purposes authorized under the WDIG Privacy Policy. For more information about our practices regarding the personal information of children under 13, please see the WDIG Kids' Privacy Policy.
All registration information you provide to us must be accurate and not intentionally misleading. You must update any information you provide that is no longer current by following the instructions in paragraph A6 of the WDIG Privacy Policy. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You should not reveal your password or share your account with anyone. If you disclose your password or share your account with other people, you are fully responsible for their actions. You must inform us immediately if there is any reason to believe that your password has, or is likely to, become known to someone other than you or is being or is likely to be used in an unauthorized way.
4. ACCESSING MOVIES YOU HAVE ACQUIRED THE RIGHT TO STREAM
Subject to these Terms, the Movies for which you have acquired the right to stream can be accessed in the "My Movie Library" tab after logging into your Disney Movies Online account. Please bookmark the Disney Movies Online URL so that you can view the Movies in your account again and again.
Movies in the "My Movie Library" tab and page will generally continue to be available to you for streaming from Disney Movies Online, provided that such Movies may become unavailable due to potential content provider licensing restrictions and for other reasons. The Disney Movies Online site provides you the rights to view Movies in the "My Movie Library" tab and page an unlimited number of times for an indefinite period of time (or for rental Movies, for the Viewing Period), but these rights are not permanent. Disney will not be liable to you if the Movies in your "My Movie Library" become unavailable for further streaming.
5. ACCOUNTS AND BILLING
Disney Movies Online currently only accepts payment by MasterCard, Visa, American Express, Discover, and Diner's Club.
For account holders who are under the age of 13, a parent or legal guardian must provide payment information and complete all purchases.
THE MOVIES ARE NON-REFUNDABLE AFTER YOUR TRANSACTION HAS BEEN COMPLETED. If you have difficulty accessing or watching the Movie you selected after your transaction has been completed, please feel free to contact us for help resolving your issue.
If you gain the ability to view a Movie in your "My Movie Library," then from the moment this service is provided to you, except to the extent required by applicable legislation, the performance of the service shall be deemed completed and you shall have no right to reject or cancel the service other than pursuant to these Terms.
Disney Movies Online reserves the right to deny any orders from a customer at any time for any reason including, but not limited to: (a) orders from customers who have had a history of requesting a disproportionate number of order cancellations as determined by Disney Movies Online; (b) orders that cannot be processed due to an error in billing, payment or other information provided by you to Disney Movies Online during the ordering process, including, but not limited to: (i) incorrect credit card number, expiration date, billing zip code or other billing information (for example, billing information that differs from what your financial institution has on file); and (c) orders with the attributes of fraudulent activity as determined by Disney Movies Online in its sole discretion. Disney Movies Online may refuse to process future orders from customers with a fraudulent order history. Disney Movies Online reserves the right to refuse any orders connected with a previous credit card dispute.
6. AVAILABLE DEVICES, TECHNICAL REQUIREMENTS, AND LIMITATIONS
Disney Movies Online allows you to stream Movies to your PC or Mac computers. As most portable devices do not support Flash, Disney Movies Online is not generally compatible with portable devices.
In order to watch the Movies on your computer, your computer must meet certain system requirements, and you can view those requirements by clicking here. The Movies you watch through Disney Movies Online may not contain all of the same features that are contained on the DVD, Blu-ray disc or Digital Disc version of the same Movie, including bonus features and language selection.
The quality of a Movie viewed on your computer and the time it takes to stream a Movie to your computer will vary based on a number of factors, including your available bandwidth and your computer's system configuration. The quality of the display may vary from computer to computer, and we make no representations or warranties regarding the quality of your display or quality and speed of your connection to Disney Movies Online.
From one account, you may stream up to four different Movies on up to four different computers at the same time. However, you may not stream any single Movie to more than two computers at any given time.
7. SHARE YOUR IDEAS
Disney Movies Online is a work in progress and we would like to hear your feedback. Any feedback provided by you is governed by the WDIG Terms of Use, including Paragraph 3 thereof regarding "Submissions."
8. MODIFICATIONS AND TERMINATION
At any time, we may amend these Terms (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on Disney Movies Online Web site by including a notation next to the link to these Terms that states "Updated as of [applicable date]." Any such amendment to these Terms will be effective as of the date the modified or replacement Terms are posted to the Disney Movies Online site, and such modified or replacement Terms will govern your use of, and all transactions you enter into using, the Disney Movies Online Web site on and after the date the modified or replacement Terms are posted.
We reserve the right to suspend streaming of any of the Movies, including those Movies in the "My Movie Library" tab and page of your account, and we will not be liable to you should we exercise such rights. Not all DVDs, Blu-ray discs, or DisneyFile Digital Copy Discs may be accompanied by a Magic Code or entitle you to streaming rights. Availability is limited to our sole discretion.
Disney may terminate, without notice, your Disney Movies Online account and/or your right to view the Movies in the "My Movie Library" tab at any time and for any reason whatsoever, and Disney shall not be obligated to refund any fees paid by you.
9. MISCELLANEOUS
a. You understand and agree that the content you receive through Disney Movies Online such as -- movies, images, artwork, and other copyrightable materials (the "Content") is licensed by Disney. The Content you receive through Disney Movies Online, including the copyrights in the Content, are owned by Disney and/or its licensors, and are protected by the copyright laws of the United States -- as well as other international intellectual property laws and treaties. Content delivered to you through Disney Movies Online is licensed to you -- not sold, transferred or assigned to you. Disney does not transfer any title, right or interest to or in the Content to you. Use of terms such as "buy," "purchase," "sale," or "sold" on the Disney Movies Online site shall not mean or imply any transfer of ownership of any Content from Disney to any user. The delivery of the Content does not transfer to you any commercial or promotional use rights in the Content. All other rights in the Content are reserved to Disney and any other use is strictly prohibited. You do not acquire any ownership rights in the Content as a result of streaming the Content. The trademarks, trade names, logos, designs and other marks of Disney may not be used without the prior written approval of Disney. All other trademarks, trade names, logos, designs, and other marks are the property of their respective owners. You agree to comply with any additional notices or restrictions contained in any part of Disney Movies Online.
b. You may not copy, redistribute, sell, rent, lease, transfer, sublicense, record, or capture the streaming of the Content. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair, or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated with, and you may not edit, modify, create hyperlinks to, deep link, frame, translate, or create derivative works or adaptations of the Content. The Content is provided "AS IS." Disney and its licensors each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. Disney does not warrant or otherwise state that the Content will meet your requirements.
c. To the maximum extent permitted by applicable law, under no circumstances shall Disney or its licensors be liable for any damages, including any direct, indirect, special, incidental, or consequential damages of any kind under any legal theory (tort, contract, or otherwise) that result from the use of, or the inability to use, Disney Movies Online or the Content, even if Disney and its licensors have been advised of the possibility of such damages.
d. You may not attempt to obtain unauthorized access to Disney computer systems or database records. Unauthorized or inappropriate use of or access to Disney Movies Online, including but not limited to unauthorized entry into Disney computer systems, misuse of passwords or misuse of any information obtained through Disney Web sites is strictly prohibited.
e. Disney Movies Online is provided by the Disney Interactive Media Group (also known as the Walt Disney Internet Group), located at 500 South Buena Vista Street, Burbank, CA 91521, general@disneyhelp.com.
f. Providers of the Content are intended third-party beneficiaries under these Terms.
