Disney Movies Anywhere Terms & Conditions

Terms of Use


Disney Movies Anywhere
 
Terms of Use
 
Updated: March 3, 2014
 
ABC Inc., d/b/a Disney Movies Anywhere (“DMA”, “we”, “us” “our”) welcomes you to the DMA Service.  The “DMA Service” includes the Disney Movies Anywhere website, application and associated content and services.
 
PLEASE READ THESE TERMS OF USE (“DMA TERMS OF USE”) CAREFULLY BEFORE USING THE DMA SERVICE.  You agree to these DMA Terms of Use by clicking the "I Agree" or other industry standard mechanism during the DMA registration process or by your use of any aspect of the DMA Service.  If you do not agree to these DMA Terms of Use, you may not use the DMA Service.  These DMA Terms of Use incorporate The Walt Disney Company Terms of Use (“TWDC Terms of Use”) and your agreement to these DMA Terms of Use constitutes your agreement to the TWDC Terms of Use.  For purposes of interpreting the TWDC Terms of Use in connection with the DMA Service, the “Disney Services” means the “DMA Service.”  If any provision in these DMA Terms of Use conflicts with any provision in the TWDC Terms of Use, the conflicting provision in these DMA Terms of Use will control.  Capitalized terms used but not defined herein shall have the meanings provided in the TWDC Terms of Use.  DMA reserves the right to modify any of the DMA Terms of Use set forth herein at any time, with or without notice, even though these changes may affect your use of the DMA Service.  Your continued use of the DMA Service constitutes your acceptance of any changes to these DMA Terms of Use.  If you do not agree to any change to these DMA Terms of Use, you may terminate your account with the DMA Service.  You are solely responsible for remaining knowledgeable as to any changes that we may make to these DMA Terms of Use.  The most current version of these DMA Terms of Use will be available on the DMA website and application and will supersede all previous versions of these DMA Terms of Use.
 
LIST OF SECTIONS
  1. Eligibility and Registration
  2. License Grant and Restrictions
  3. Usage Rules
  4. Digital Distributors
  5. DMA-Compatible Devices, Technical Requirements and Limitations
  6. Use and Sharing of Entitlement Information
  7. Suspension And Termination
  8. General Provisions
 
1. ELIGIBILITY AND REGISTRATION
 
     (a) Eligibility.  Only legal residents of the United States, certain territories and protectorates (the “Territory”) are eligible to register for a DMA account.  The DMA Service is provided to individuals only.  Companies, associations and other groups may not register for a DMA account.  Individuals under the age of 13 may not register for a DMA account.
 
     (b) Registration.  Only DMA Members can take full advantage of the features offered by the DMA Service.  A “DMA Member” is an eligible individual that has registered for a DMA account and remains in good standing.  To become a DMA Member you must provide certain information and agree to these DMA Terms of Use.  You must also be a Disney Movie Rewards (“DMR”) member using the same user name and password.  If you are not already a DMR member, you will also be asked to register for DMR at the same time you register for DMA.  If your DMR membership terminates, then your DMA membership will also terminate.  You are solely responsible for maintaining the confidentiality and security of your DMA user name and password and for all activities that occur on or through your DMA membership, and you agree to immediately notify DMA of any security breach of your DMA membership.  DMA will not be responsible for any losses arising from the unauthorized use of your DMA membership.  Any notices DMA delivers 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 DMA application and website.
 
2. LICENSE GRANT AND RESTRICTIONS
     (a) License.  Within the Territory and subject to the terms and conditions in these DMA Terms of Use, DMA grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to the following:
 
          (1)  stream or download and install, the movies, trailers, bonus, images, artwork and other copyrightable materials (the “Content”) which is available from the DMA Service without an Entitlement and any Content for which you have Entitlements  for in your DMA locker; and
 
          (2) the DMA Service.
 
An “Entitlement” is a legitimately acquired right to a specific DMA movie by title and resolution.  This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the DMA Service. 
 
     (b) General Restrictions.  You may not and agree not to:
 
          (i) copy (except as expressly permitted by these DMA Terms of Use), move, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the DMA Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the DMA Service).  Click here for open source notices.
 
          (ii) bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the DMA Service including, but not limited to, mechanisms that protect or limit use or access to the DMA Service and Content.
 
          (iii) damage, disable, overburden or impair the DMA Service.
 
          (iv) bundle Content or the DMA Service for redistribution with other products or services.
 
          (v) use or attempt to use the DMA Service from outside the Territory and as such, you acknowledge that DMA may use technologies to verify and enforce your compliance.
 
          (vi) use the DMA Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these DMA Terms of Use.
 
Any attempt to perform any of the restrictions is a violation of the rights of DMA and its licensors.  If you become involved in any violation of system security, DMA reserves the right to, and you agree that DMA 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.
 
3. USAGE RULES
 
     (a) Adding DMA Entitlements.  As a DMA Member, you may fill your DMA digital locker with DMA-eligible movies based on your Entitlements.  Your Entitlements will remain in your DMA locker indefinitely, subject to these DMA Terms of Use.  
 
     (b) Streaming DMA Content.  Select Content can be streamed through the DMA Service over an active Internet connection.  The image quality will vary depending on the speed of your Internet connection, the device you use and the software currently installed on such device.  Two concurrent streams are allowed for each DMA account at any time.  
 
     (c) Downloading DMA-Eligible Movies.  DMA Members may download DMA-eligible movies to a maximum of eight permitted iOS based DMA-Compatible Devices (described further below in Section 5) for viewing.  These downloads are in addition to downloads permitted by Digital Distributors like iTunes.  The number of times you can download a single DMA-eligible movie through your DMA account to an iOS based DMA-Compatible Device associated with your DMA account is unlimited, as long as you do not exceed the device limits described in Section 5.  Please note that you must connect your iOS based DMA-Compatible Device to the Internet and login to your DMA account at least once every 90 days for your downloaded movies to remain available for playback through your DMA account.
 
     (d) Access Controls.  The DMA Service provides DMA Members with access controls to restrict certain functionality within the DMA website and application.  You may enable access controls by selecting either “Basic Access” or “Restricted Ratings Access.”  Basic Access disables any links to purchase products from connected Digital Distributors and any social sharing.  Restricted Ratings Access restricts playback of DMA-eligible movies by rating.  There are currently four levels of restricted ratings: PG-13, TV-PG, PG and Not Rated.  However, restricting access to a DMA-eligible movie by rating does not restrict access to the bonus materials associated with that movie.  Please note that access control is administered at the device level, not the account level.  This means that any access control you set on one device will not apply to your other devices.  You will need to independently set the access controls on each of your devices.
 
     (e) eCopy/Digital Copy Code Redemption.  You can enter unused Digital Copy codes (that have not expired) from an eCopy/Digital Copy enabled and DMA-eligible physical product in the “Rewards” section of the DMA website and application.  Upon validation of the Digital Copy code, an Entitlement for the HD version of the DMA-eligible movie will be included in your DMA locker.  Additionally, if the eCopy/Digital enabled and DMA-eligible physical product is eligible for DMR points, entering the Digital Copy code in the “Rewards” section of the DMA website or application will add the appropriate DMR points to your DMR account.
 
     (f) Subject to these Usage Rules, there is no limit to the number of times you can download or stream DMA-eligible movies; however, it is possible that those movies may not be available for subsequent re-download or stream at any given time. DMA will take reasonable efforts to provide you with as much prior notice as possible; however, DMA shall have no liability to you in such event. As you may not be able to subsequently re-download certain DMA-eligible movies, once you have downloaded a DMA-eligible movie to a device associated with your DMA account, you may want to keep the downloaded movie available for playback on such device.
 
4. DIGITAL DISTRIBUTORS
 
     (a) Connecting.  Currently, Apple iTunes is a "Digital Distributor" of the DMA Service.  Additional Digital Distributors may become available and Digital Distributors may become unavailable at any time, with or without notice.  The total number of Digital Distributors may vary at any given time.  If you have an account with a Digital Distributor, you may connect your DMA account with each of your Digital Distributor accounts.  Only one DMA account can be connected with one account at each connected Digital Distributor.  These accounts may be individually disconnected by you at any time.  However, the DMA account to which an individual Digital Distributor account is connected cannot be switched to a different DMA account more than once in any 180 day period (and vice versa).  Connecting your DMA account with your Digital Distributor account(s) will enable automatic Entitlement Sharing between DMA and the Digital Distributor.
 
     (b) Independent Rules.  While on or using a Digital Distributor’s website, application or service, you will be subject to that Digital Distributor’s rules and restrictions including its privacy policies.  DMA assumes no responsibility or liability for any Digital Distributor or its websites, applications or services.
 
     (c) Entitlement Sharing.  Entitlement Sharing is the sharing of your Entitlements on your behalf between DMA and each connected Digital Distributor.  In this way, all DMA-eligible movies in your DMA locker will also appear in each of your connected Digital Distributor’s lockers.  Additionally, all DMA-eligible movies in your connected Digital Distributor’s lockers will appear in your DMA locker and each of your other connected Digital Distributor’s lockers.  This will allow you to independently view such movies through the DMA Service and each Digital Distributor’s service.  No Entitlement information or other information is shared directly between Digital Distributors.  Each Digital Distributor’s terms of use will determine your viewing rules and restrictions while using their services.  Please note that not all movies available in your connected Digital Distributor’s locker are eligible for sharing with DMA.  Disconnecting your DMA account with any Digital Distributor account will cease all future Entitlement Sharing between DMA and the disconnected Digital Distributor.  DMA-eligible movies based on Entitlements which have been shared prior to disconnecting will continue to be available in DMA and in the service of the applicable Digital Distributor until you manually delete them.
 
     (d) Transactions.  Currently DMA does not directly sell any products.  However, you may follow links within the DMA Service to purchase products directly from a connected Digital Distributor.  All such transactions will be directly between you and the Digital Distributor.  You should directly contact the Digital Distributor for any refunds or to resolve any problems with such transactions.
 
5. DMA-COMPATIBLE DEVICES, TECHNICAL REQUIREMENTS AND LIMITATIONS
 
     (a) DMA-Compatible Devices.  Use of the DMA Service requires compatible devices and certain software; may require periodic updates and may be affected by the performance of these elements.  You can access your Content with almost any Internet-connected computer or through the DMA application available for certain mobile devices (Internet connection required) (each, a “DMA-Compatible Device”).  For specifics concerning supported operating systems, web browsers and optimal streaming support please check DMA HELP
 
     (b) Adding iOS based DMA-Compatible Devices; Limitations.  You can add an iOS based DMA-Compatible Device to your DMA account by downloading the DMA application to the iOS based DMA-Compatible Device, signing into your DMA account through the DMA application and downloading a DMA-eligible movie to that device through the DMA application.  Please note that you may download DMA-eligible movies to a maximum of eight different iOS based DMA-Compatible Devices within a 30-day period.  If you attempt to add a new (i.e., ninth) iOS based DMA-Compatible Device within that 30-day period, the iOS based DMA-Compatible Device you used least recently will be removed from your DMA account and replaced with the most recent iOS based DMA-Compatible Device.  You may remove or switch any of your eight unique devices after 30 days.
 
     (c) Fees and Internet Connection.  You are solely responsible for determining and paying any fees, charges or taxes in connection with your use of the DMA Service including, without limitation, those imposed by any Internet service provider, carrier or governmental entity.  You must have a high speed Internet connection in order to access and use certain aspects of the DMA Service.
 
6. USE AND SHARING OF CERTAIN INFORMATION
 
You authorize Disney Movies Anywhere and Disney Movie Rewards to share information regarding your account, video titles and video descriptions with The Walt Disney Family of Companies and my accounts with Digital Distributors (such as iTunes) to which you link your Disney account.  You understand that:
 
     (a) Those Digital Distributors will use the information in accordance with their privacy policies and applicable terms and conditions.
 
     (b) The Walt Disney Family of Companies, including third party service providers acting on its behalf, will use the information in accordance with the privacy policy and applicable terms and conditions of The Walt Disney Company.
 
 
7. SUSPENSION AND TERMINATION
 
You agree that DMA may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the DMA Service and to any Content if DMA believes you are using or have used the DMA Service in violation of these DMA Terms of Use or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto.  Without limiting the foregoing, DMA may restrict or suspend your access to your DMA account upon reasonable notice to you, which may be communicated electronically, for cause, which includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if DMA reasonably believes that your DMA account has been created fraudulently, your DMA account has been accessed fraudulently, or anyone uses your DMA account to commit fraud or for other than its intended purpose and in accordance with all of the requirements applicable thereto.  DMA also reserves the right, after notice to you, to terminate any DMA account that remains inactive for one year (failure to log in to your DMA account will constitute inactivity for purposes of these DMA Terms of Use). In addition, you understand that DMA may modify or cease providing all or a portion of the DMA Service at any time without notice.  You agree that DMA will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your DMA account or Content.
 
ON TERMINATION OF YOUR DMA ACCOUNT, WHETHER TERMINATED BY YOU OR BY DMA, YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS STREAMED CONTENT THROUGH THE DMA SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW DMA-ELIGIBLE MOVIES DOWNLOADED WITHIN THE DMA SERVICE.
 
8. GENERAL PROVISIONS.
 
     (a)  You understand and agree that the Content you receive through the DMA Service is licensed to you for your personal use.  Such Content, including the copyrights in the Content, are owned by the DMA, its affiliates and/or its licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.  DMA does not transfer any title, right or interest to or in the Content to you.  
 
     (b) Unavailability.  The DMA Service may not be available: (i) during any maintenance or update periods, any power or server outages; (ii) as a result of war, riots, strikes, social unrest; or (iii) as a result of other matters beyond the control of us or third parties.
 
     (c) Contact Information.  You may contact Disney Movies Anywhere as follows:
 
by phone at: (855) 347-3722
 
 
by mail at:
 
     Disney Movies Anywhere
     500 S. Buena Vista Street
     Burbank, California 91521
 
     (d) DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. You acknowledge and agree to the essential condition that the Content and DMA Service are provided “AS IS” and without warranties of any kind.  To the fullest extent permitted by law, DMA, its affiliates, licensors, agents and service providers (the “Disney Parties”) 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, accuracy, completeness, availability, security, compatibility, satisfactory quality and noninfringement, and their equivalents under the laws of any jurisdiction.  You also acknowledge and agree that Disney Parties do not warrant that the Content and the DMA Service will be without errors, viruses or other harmful components.  The Disney Parties do not warrant or otherwise state that the Content and the DMA Service will meet your requirements. You and not the Disney Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of the Content and the DMA Service.  Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  
 
To the extent not prohibited by applicable law, in no event shall the Disney Parties be liable for any personal injury, or any  indirect, special, incidental or consequential damages of any kind that result from the use of, or inability to use the Content or the DMA Service however caused.   The liability limitations in this Section 8(d) apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) and even if the Disney Parties have been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.  In no event shall DMA’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid any Digital Distributor for any movie that becomes part of your DMA locker. In addition to these terms, the Disclaimer and Limitation on Liability in the TWDC Terms of Use shall also apply to you.
 
     (e) Entire Agreement.  These DMA Terms of Use and the provisions referenced herein (including but not limited to the TWDC Terms of Use), constitute the entire agreement between you and DMA 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 these DMA Terms of Use shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.