Disney has just released new ToS for Disney+, ESPN, and Hulu. There are two major points that we are concerned about. The first is that “Ad-Free” no longer means “Ad-free,” and it hasn’t for a while. The second is that Disney learned nothing from the black they got last year when they tried to stop a wrongful death lawsuit by claiming that the husband agreed to the Disney+ terms of service, which would not allow him to sue.
Ad Free Is no longer Ad Free.
In the new TOS (Terms of Service) update on February 12, Disney states that some “circumstances may require that certain titles and types of content include ads, even in our ‘no ads’ or ‘ad free’ subscription tiers.”
To have the Ad-Free service, customers pay more money not to have ads. I can tell you that we paid for the Ad-Free Hulu with Live TV, and we have gotten huge ad breaks on new and older content. When you pause, ads pop up on the screen. Just the other day I could not go back to the main menu because an advertisement was running and it would not allow me to leave. We paid extra for fewer ads. I can only imagine what the ad-supported version is like.
At this point, Disney needs to call it “Ad-Light” or something else since they are going to push ads anyway.
Disney is continuing to push for verbiage that implies they can not be sued.
The second and bigger issue is that the new ToS doubles down on the notion that by using Disney+, customers have waived their rights to any legal avenues outside of forced arbitration.
“You…agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving The Walt Disney Company or its affiliates)…
“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…”
They are now taking it further, saying that even if you cancel your Disney+ subscription, you are still legally bound to arbitration.
“Arbitration Agreement Survival. 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 of any communication with us.”
Considering how their last attempt at this went and all the bad publicity, I am surprised they are pushing this again.
You can now opt out!
There is an out for Disney+ customers, however, you only have 30 days from February 12, 2025 to do so.
Under the new ToS section 7g, customers can ask to opt out in writing.
“g. Opt-out. 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.
If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.”
You must do this within 30 days and opt out of both arbitration and the class action waiver.
I’m still not sure how any of this is legally binding, especially if something happens to a guest at a Disney theme park that has nothing to do with Disney+, ESPN, or Hulu, but Disney is going to try and use this to stop any form of a lawsuit even when they deserve it.
They clearly have learned nothing and have not had enough bad publicity.
You can read the FULL terms of service update HERE.
What do you think? Comment and let us know!
Source: Boing Boing
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