Disney+ Subscriber Agreement
Israel
Updated: 1st May 2022
DISNEY DTC EM LIMITED, company number 13595558 ("Disney+", "we", "us" "our") welcomes you to the Disney+ Service. The "Disney+ Service" includes the Disney+ website, application and associated content and services.
PLEASE READ THIS SUBSCRIBER AGREEMENT ("DISNEY+ SUBSCRIBER AGREEMENT ", OR "AGREEMENT") CAREFULLY BEFORE USING THE DISNEY+ SERVICE.
THIS AGREEMENT WILL GOVERN YOUR USE OF THE DISNEY+ SERVICE ONLY. PLEASE NOTE THAT YOUR USE OF OTHER DISNEY SERVICES THAT MIGHT BE ACCESSIBLE TO YOU AFTER YOU CREATE A DISNEY+ ACCOUNT, IS GOVERNED BY THE WALT DISNEY COMPANY’S TERMS OF USE, AVAILABLE AT WWW.DISNEYTERMSOFUSE.COM
You agree to the Disney+ Subscriber Agreement by clicking “Continue” or other industry standard mechanism during the Disney+ registration process and ratify your agreement when you use any aspect of the Disney+ Service. If you do not agree to the Disney+ Subscriber Agreement, you may not use the Disney+ Service. You must follow, and you agree to follow, our reasonable instructions and requirements in relation to how you use the Disney+ Service and Disney+ Content. We may amend this Agreement. Any such amendment will be effective no less than thirty (30) days following our dispatch of a notice to you (and we may also post details of the amendment on the Disney+ Service). We will treat any purchase or subscription renewal made after the end of such notice period as an indication from you that you agree with the notified changes. If you do not agree to any change to this Agreement, you must discontinue using the Disney+ Service. If a change to this Agreement needs to be made more quickly for security, legal or regulatory reasons, we will let you know as soon as we can by way of a notice. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing. The most up to date version of this Agreement will be available via the Disney+ Service and when we notify you that this Agreement is being changed, we recommend that you print the latest version for your records.
List of Sections:
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Your Information
6. Suspension and Termination
7. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Disney+ Service (collectively, the "Territory") are eligible to register for a Disney+ account. This Disney+ Subscriber Agreement governs the registration of a Disney+ account and the use of the Disney+ Service (including access to the Disney+ Content) by residents of the State of Israel. You must be 18 years of age or over to purchase the Disney+ Service. The Disney+ Service is provided to individuals for their personal, non-commercial use only. Companies, associations and other groups may not register for a Disney+ account or use the Disney+ Service. Individuals under the age of 18 are not eligible for a Disney+ account and are not permitted to provide personal information to Disney+.
b. Registration. Only individuals who have registered for a Disney+ account, including the requirement to supply certain information (e.g., a valid mobile number), and who have agreed to the terms of this Agreement are entitled to use the Disney+ Service. As part of the registration process, you may be required to either receive a password/passcode/pre-recorded telephone message which includes a code from or on behalf of Disney+. You consent to the receipt of such information/message to which your network or roaming provider’s messaging, data and other rates and fees may apply. You are responsible for maintaining the confidentiality and security of your access credentials for the Disney+ Service. However, if you allow others who are permitted by the terms of this Agreement to access your Disney+ account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Disney+ of any unauthorized access of your Disney+ account. Disney+ will not be responsible for any losses arising from the unauthorized use of your Disney+ account, except where such unauthorized use is due to an act or omission by Disney+.
c. Notices. Unless required otherwise by applicable law, any notices Disney+ delivers to you will be done so electronically, including without limitation: (i) by email to the last email address provided by you, and/or (ii) by posting a notice on or within the Disney+ Service, including via an in-app notification or on the Disney+ website, and/or (iii) by sending an SMS (or similar) to the mobile number associated with your Disney+ account. Notifications will be deemed to have been delivered on the day they are sent, save that notifications made available via the Disney+ Service will be deemed sent the day after they first appear on the Disney+ Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details. You agree that we may take steps to verify the accuracy of information you provide. Your network or roaming provider’s messaging, data and other rates and fees will apply where we send you any notices and/or where you access any notices via electronic means. Unless required otherwise by applicable law, you are not required to consent to receive notices and/or service messages relating to the Disney+ Service.
2. SUBSCRIPTION TERMS
a. Subscription. Your subscription to the Disney+ Service will be unlimited in time, unless cancelled by you or Disney+, subject to the cancellation terms detailed hereunder.
b. Billing Route and Billing Period. As part of the registration process, you are required to choose a route for payment for the Disney+ Service (each: the "Subscription Fees"), either: (1) Annually, i.e. an advanced payment for each 12 consecutive month period in which you enrolled to the Disney+ Service; or (2) Monthly, i.e. an advanced payment for each 1 month period in which you enrolled to the Disney+ Service.
Prices (in both the Monthly and Annually routes) shall be as indicated in the Disney+ Service.
Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing and, in the event of a price change impacting your subscription, we will notify you thirty (30) days in advance of the change, and the new price will come into effect on the next applicable billing period, following the end of such thirty (30) days period. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in the notice. If you do not cancel your subscription after the price change takes effect and prior to the start of your new billing period, your Subscription Fees will be at the new price in effect, without any additional action by you, and you authorize us to charge your payment method for these amounts. Notwithstanding the above, where your subscription to the Disney+ Service was enabled by way of a Disney gift card and where you have not provided us with a payment method, then your subscription will be terminated at the end of the period of subscription provided by the Disney gift card.
c. Cancellation and Refund Policy.
You can cancel your subscription at any time, by notifying Disney+ in any of the cancellation methods detailed below. Your subscription will be terminated within 3 days from the date you provide a cancellation notice to us. If such cancellation notice is given through registered mail, then your subscription will be terminated within 6 business days from the date in which the notice has been provided for delivery, unless you stated a later date in the cancellation notice. In such case, Disney+ will charge you for the services rendered until termination takes effect, cancel your future billings and refund you for the pro-rata Subscription Fees, with a deduction of a cancellation fee, as further detailed below.
You are also entitled (but not obligated) to choose that your subscription shall be terminated at the end of the billing period. In such case, you will bear no cancellation fees and receive no refund.
Cancellation fees.
In a monthly billing route, upon cancellation of your subscription by you, Disney+ will charge [5%] of the monthly Subscription Fees.
In an annual billing route, upon cancellation of your subscription by you, Disney+ will charge [5% of the annual Subscription Fees in addition to an amount equal to the difference between: (i) Subscription Fees you would have paid in a monthly billing route for the period of time (calculated on a pro-rata basis) in which the Disney+ Service was rendered until cancellation took effect and (ii) the pro-rata Subscription Fees payable in for the Disney+ Service rendered based on your annual billing route until cancellation took effect.]
In any event the amount of Subscription Fees charged for services rendered until cancellation enters into effect (on a pro-rata basis) together with the amount of cancellation fee will not exceed 100% of the monthly Subscription Fees or the annual Subscription Fees, as the case may be.
Notwithstanding any of the above, where you cancel your Subscriber Agreement within the first 14 days following your enrolment to the Disney+ Service, we shall refund you, within 14 days from the receipt of your cancellation notice, the Subscription Fees paid by you less: (i) pro-rata Subscription Fees for services rendered until the cancellation takes effect; and (ii) 5% of the Subscription Fees. With respect to the following categories of Subscribers, the 14 days period shall be replaced with 4 months - a person with disabilities, persons aged 65 and above, new immigrants, provided that the enrolment to the services preceded by a conversation between the parties.
Cancellation methods. To cancel your Disney+ subscription within the Disney+ Service, go to our homepage at: [_________], or the home screen in our Disney+ application, click "Complete Cancellation" and follow the instructions detailed therein.
In addition, you may also cancel your Disney+ Subscription by calling our Help Centre [insert number], or sending a cancelation request by email [insert email address], or registered mail [insert mail details.. When sending us a request you need to include the following details: your full name.
If you subscribed via a third party (e.g. an app store such as iTunes, Google Play, Amazon Store, or Roku), please visit our Help Centre for instructions on how to cancel.
Upon termination of your Disney+ account upon your request, you will lose the right to access Disney+ Content (including downloaded content) from the date your subscription ends.
d. Payment Details. Where payment information is provided to us, we will keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within The Walt Disney Family of Companies (e.g., ESPN, Marvel, Pixar, etc.), if you consent to such sharing during the purchase process,. You are responsible for keeping your payment details up-to-date by making any necessary updates to the details in your account settings. Where your payment details change or are due to expire, where applicable law allows, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you with access to the Disney+ Service. You authorise us to continue to charge your payment card using any such updated information. If a payment is not successfully authorised due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription by giving you prior notice. You also agree that we may charge your payment method on file if you decide to restart your Disney+ subscription, unless you specify an alternative payment method when you restart your subscription.
e. Subscriptions Obtained Through Third Parties. If you obtain a Disney+ Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party’s terms, and the provisions in this Disney+ Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Disney+ Subscriber Agreement conflicts with the applicable 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 Disney+ Service subscription will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Disney+ Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our Help Centre for instructions on how to cancel a Disney+ Service subscription obtained via a third party.
f. Bundled Subscription Options. We may offer a Disney+ Service subscription bundled with other subscription services, including subscriptions to third-party products and services. Third-party subscriptions, products, and services are governed by terms of use issued by or on behalf of those third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Disney+ Subscriber Agreement, Disney+ grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
i. Install and make non-commercial, personal use of the Disney+ Service; and
ii. stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the "Disney+ Content") that are available to you from the Disney+ Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Disney+ Content or the Disney+ Service. The purchase of a license to stream or temporarily download any Disney+ Content does not create an ownership interest in the Disney+ Content. Such Disney+ Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Disney+ Content, is owned by Disney+, its affiliates and/or other licensors, and is protected by the copyright laws, including those of Israel, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Disney+ Content. You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney+ Service to control access to the Disney+ Content;
ii. copy the Disney+ Content (except as expressly permitted by this Disney+ Subscriber Agreement);
iii. rebroadcast, transmit or perform the Disney+ Content available via the Disney+ Service;
iv. create derivative works of the Disney+ Content or modify the Disney+ Content; or
v. otherwise allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Disney+ Service. You agree that as a condition of your license, you may not and agree not to:
i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Disney+ Service and/or video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player;
ii. modify the Disney+ Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Disney+ Content or the Disney+ Service;
iii. access or use the Disney+ Service in a manner that suggests an association between you and/or any other party with our products, services or brands;
iv. use the Disney+ Service 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, theatre, etc.) or build a business utilising the Disney+ Content or Disney+ Service, whether or not for profit;
v. create derivative works of any Disney owned components of the Disney+ Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Disney+ Service;
vii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Disney+ Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
viii. damage, disable, overburden or impair the Disney+ Service;
ix. use the Disney+ Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Disney+ Subscriber Agreement;
x. share your login credentials with third parties; or
xi. otherwise allow third parties to violate the above restrictions.
d. Violations. 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+ and the copyright holder.
4. USAGE TERMS
a. Disney+ Compatible Devices. Use of the Disney+ Service requires compatible devices, and certain software may require periodic updates, and your use of the Disney+ Service may be affected by the performance of these elements. You can access Disney+ Content with almost any Internet-connected computer or through the Disney+ application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device") though we continually review device support, in particular as new operating systems appear, and we may stop supporting some devices including older devices. For details concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Centre. You can add a Compatible Device to your Disney+ account by downloading the Disney+ application to the Compatible Device and by signing in to your Disney+ account through the application.
b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Disney+ Service. You are responsible for all third-party Internet access charges in connection with your use of the Disney+ Service. Please check with your Internet provider for information on possible Internet data usage charges.
c. Streaming Disney+ Content. Disney+ Content can be streamed through the Disney+ Service over an active Internet connection. Up to four (4) concurrent streams are allowed for each Disney+ account at any time. The number of concurrent streams available for use may change from time to time at our discretion.
d. Downloading Disney+ Content. Disney+ Content may be available for temporary download for offline viewing on certain Compatible Devices. Downloads are limited to a maximum of ten (10) Compatible Devices. You will not be permitted to download to an additional device once the maximum of ten (10) Compatible Devices has been reached. You must connect your Compatible Device to the Internet and access the Disney+ Service at least once every thirty (30) days for your downloaded Disney+ Content to remain available for offline viewing. The length of time that certain temporary downloads remain available to you for offline viewing may change from time to time at our discretion.
e. Profiles. Disney+ offers the option to personalize use of the Disney+ Service through the creation of one or more profiles under one account. You may designate one or more profiles as a Kid profile, which will restrict viewing of certain Disney+ Content from within that profile. Please visit our Help Centre if you would like more information about Kid profiles. If you permit anyone else to use, view or access the Disney+ Service and/or the Disney+ Content using your account (including via a profile), you agree that some content offered on the Disney+ Service may not be suitable for children or for some viewers and therefore discretion is advised.
f. Disney+ Content Availability. Certain Disney+ Content available through the Disney+ Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Disney+ Service, and we may use different technologies and methods to verify your geographic location.
g. Force Majeure. It is possible that the Disney+ Service and/or some or all Disney+ 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, governmental shutdowns or decrees; or (iv) as a result of other matters beyond the control of us or third parties (“Force Majeure”). Disney+ will take reasonable efforts to provide you with as much prior notice as possible of service interruption. Where the Disney+ Service is unavailable for reasons beyond our control or our third party service providers, Disney+ shall have no liability to you, subject to applicable laws. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Disney+. We will do our best to let you know of any of these changes, usage rules and restrictions, but you agree that we may do so in our sole discretion at any time.
h. Suspension and Discontinuance of Disney+. Subject to applicable law and the terms of this Agreement, you agree that we will not be liable to you for any suspension or discontinuance of the Disney+ Service. If you are a subscriber and we suspend or discontinue your subscription to the Disney+ Service (not as a result of cancellation served by you), we will provide you with a credit, refund, discount or other form of consideration corresponding to the duration of your suspended or discontinued access. However, if we terminate your account or suspend or discontinue your access to the Disney+ Service due to your material violation of the Disney+ Subscriber Agreement, or as a result of Force Majeure, then you will not be eligible for any such credit, refund, discount or other consideration.
i. Promotional and Experimental Features. In our continued assessment of the Disney+ Service, 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 Disney+ Service, including promotional features, user interfaces, Premier Access (or similar additional features), plans and pricing. Your use of any updates, modifications to, or replacement versions of Disney+ shall be governed by this Disney+ Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
5. USE AND SHARING OF YOUR INFORMATION
Disney+ is the data controller responsible for the processing of your personal data in order to provide you with the Disney+ Service.
For more information about our collection, use, and sharing of your information please refer to The Walt Disney Company Privacy Policy and to the EMEA Privacy Rights notice about the use of your information and your rights in your jurisdiction. Both documents are always available to you in the Disney+ Legal Centre.
Disney will use your data to personalize and improve your Disney+ Service experience and to send you information about the Disney+ Service, subject to applicable laws, the Walt Disney Company Privacy Policy and the EMEA Privacy Rights notice. You can change your communication preferences anytime. We may use your data as described in The Walt Disney Company Privacy Policy, or EMEA Privacy Rights notice including sharing it with the Walt Disney Family of Companies.
Disney+ reserves the right to, and you agree that Disney+ 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/or violations of law. You acknowledge that Disney+ may access, preserve or disclose information you provide when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Disney+, our parents, subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Disney+ Service or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
6. SUSPENSION AND TERMINATION
a. You agree that Disney+ may, in its sole discretion and without advance notice or liability to you, insofar as possible under local laws, restrict, suspend, or terminate your access to part or all of the Disney+ Service and to any Disney+ Content if Disney+ believes you are using or have used the Disney+ Service in material violation of the Disney+ Subscriber Agreement 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, Disney+ may restrict or suspend your access to your Disney+ account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes: (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Disney+ reasonably believes that your Disney+ account has been created fraudulently, your Disney+ account has been accessed fraudulently, or anyone uses your Disney+ account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Insofar as possible under local laws, Disney+ also reserves the right, after prior notice to you, to terminate any Disney+ account that remains inactive for one year (failure, for any reason not due to any fault by Disney+, to log in to your Disney+ account will constitute inactivity for purposes of this Disney+ Subscriber Agreement).
b. Upon termination of your Disney+ account, you will immediately lose the right to access streamed Disney+ Content through the Disney+ Service and the right to view Disney+ Content downloaded within the Disney+ Service.
7. ADDITIONAL PROVISIONS
a. Informational and Entertainment Purposes Only. You agree that the Disney+ Content you receive through the Disney+ Service is intended for informational and entertainment purposes only. The Disney+ Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Disney+ Content Subjectivity. Disney+ Content tends to elicit varying reactions among different people. You may come across Disney+ 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 agree to these risks and to your responsibility for making your own choices regarding what Disney+ Content is appropriate for your family.
c. Photosensitivities. Disney+ 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 colour saturation which may also affect users.
d. Disney+ Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD and 4K Ultra HD quality is available for certain Disney+ Content. That said, the playback quality of Disney+ Content, including resolution, may be affected by the format of the Disney+ Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Disney+ Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Disney+ Content you have selected, and the configuration of the device you are using.
e. Third-Party Services and Disney+ Content. The Disney+ Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Disney+ Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device), then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this Disney+ Subscriber Agreement. You agree that your access to the Disney+ Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
f. Mobile Networks. When you access the Disney+ Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Disney+ Service may be prohibited or restricted by your network provider and the Disney+ Service may not work with your network provider or device.
g. Submissions and Unsolicited Ideas Policies. 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. Disney+ does not claim ownership over any ideas, suggestions, or other materials submitted.
h. Contact Information. You may contact Disney+ for any customer service reasons using the contact details set out on the Disney+ website [LINK].
i. Disclaimers; liability limitation. You have certain legal rights with respect to the Disney+ Service and nothing in this Disney+ Subscriber Agreement affects those rights. Except as required by law or as expressly stated by Disney+, Disney, its affiliates, licensors, agents, and service providers (collectively “the Disney+ Parties”) do not offer and expressly disclaim any promises or guarantees in relation to the Disney+ Content and the Disney+ Service. You and not the Disney+ Parties assume the entire cost of all necessary servicing, repair or correction of any device used to access the Disney+ Content and the Disney+ Service, except where any damage to a device or other digital content belonging to you is as a direct result of the supply of Disney+ Content and such damage is of a kind that would not have occurred had Disney+ exercised reasonable care and skill (in which case the limitation below shall apply in respect of such damage).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, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the Disney+ Content or the Disney+ Service, howsoever caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed one thousand pounds (£1,000). The liability limitations in this section 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 jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
j. Jurisdiction. Any dispute between you and The Walt Disney Company or its affiliates shall be settled by the applicable court in Israel.
j. Choice of Law. This Disney+ Subscriber Agreement and any dispute or claim arising out of or in connection with this Disney+ Subscriber Agreement are governed by and construed in accordance with the laws of England and Wales, without prejudice to the mandatory rules that may apply in your country of residence.
k. Severability. If any provision of this Disney+ Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and Disney+ shall replace the unlawful, void or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this Disney+ Subscriber Agreement, are, to the greatest extent possible, similar to that of the invalid, void or unenforceable part.
l. Survival. The provisions of this Disney+ Subscriber Agreement which by their nature should survive the termination of this Disney+ Subscriber Agreement shall survive such termination.
m. Dispute resolution. At present, we do not use alternative dispute resolution (ADR) as a means of settling consumer complaints. If you have a complaint please contact us directly at DisneyPlusHelp@disney.com
n. Prevailing language. Unless prohibited by law, you agree that if any future amendments or communications are sent by the Disney+ Service in a different language as selected by you, those future amendments and communications shall be valid and in the case of amendments, shall be effective in law.
o. Transfer of Rights. We can transfer our rights and obligations under this Agreement to any company, firm or person without any need for consent from you, however your rights under this Agreement shall not be impaired.
p. Accessing the Disney+ Service via a VPN. You should not access or use the Disney+ Service by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, a virtual private network (VPN)). Disney+ will not be responsible or liable for any collection, storage or processing of your personal information or data if you use any mechanism or technology to access or use the Disney+ Service, which conceals your actual geo-location.