Movies Anywhere Terms of Use
Updated: July 22, 2024
Movies Anywhere, LLC ("Movies Anywhere", "we", "us" "our") welcomes you to the Movies Anywhere Service. The "Movies Anywhere Service" includes the Movies Anywhere website, application, video player, and related software, associated content, and other services, in any media, format, or channel, now known or hereafter devised. References to the Movies Anywhere Service also include any elements of the Movies Anywhere Service.
PLEASE READ THESE TERMS OF USE ("Movies Anywhere Terms of Use", OR "Terms") CAREFULLY BECAUSE THEY GOVERN THE ELIGIBILITY FOR AND USE OF THE MOVIES ANYWHERE SERVICE.
You agree to these Movies Anywhere Terms of Use by clicking the checkbox, "I Agree" or other industry standard mechanism during the Movies Anywhere registration process or by your use of any aspect of the Movies Anywhere Service, and you ratify your agreement when you access or use any aspect of the Movies Anywhere Service. If you do not agree to these Movies Anywhere Terms of Use, you may not use the Movies Anywhere Service.
We may modify or update these Terms at any time, even though these changes may affect your continued use of the Movies Anywhere Service. The new terms will become effective thirty (30) days following either our dispatch of a notice to you or our posting of the revised/updated Terms on the Movies Anywhere Service. Your continued use of the Movies Anywhere Service will indicate and constitutes your acceptance of any changes to these Movies Anywhere Terms of Use. If you do not agree to any change to these Movies Anywhere Terms of Use, you must discontinue your use of the Movies Anywhere Service. Our customer service representatives are not authorized to modify any provision of these Movies Anywhere Terms of Use, either verbally or in writing. You are solely responsible for remaining knowledgeable as to any changes that we may make to these Movies Anywhere Terms of Use. The most current version of these Movies Anywhere Terms of Use will be available on the Movies Anywhere Service and will supersede all previous versions of these Movies Anywhere Terms of Use.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
List of Sections
- User Eligibility and Registration
- Copyright License Grant and Restrictions
- Usage Terms
- Digital Retailers
- Participating Studios
- Movies Anywhere-Compatible Devices, Technical Requirements, and Limitations
- Use and Sharing of Certain Information
- Suspension and Termination
- Binding Arbitration and Class Action Waiver
- Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
- Eligibility. Only legal residents of the United States, all U.S. territories, and the U.S. associated states of the Federated States of Micronesia and Palau (collectively, the "Territory") are eligible to register for a Movies Anywhere account, provided that the Movies Anywhere Service is subject to availability of Digital Retailers and Movies Anywhere Content in the Territory. The Movies Anywhere Service is provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not register for a Movies Anywhere account or use the Movies Anywhere Service. Individuals under the age of 13 are not eligible for a Movies Anywhere account.
- Registration. Only Movies Anywhere Members can take full advantage of all the features and benefits offered by the Movies Anywhere Service, such as adding to your My Movies collection and linking to Digital Retailer accounts. A "Movies Anywhere Member" is an eligible individual that has registered for a Movies Anywhere account and remains in good standing. To become a Movies Anywhere Member you must provide certain information and agree to these Movies Anywhere Terms of Use. You are solely responsible for maintaining the confidentiality and security of your Movies Anywhere username and password and for all activities that occur on or through your Movies Anywhere account. However, if you allow others to access your Movies Anywhere account, these Terms, the terms of the Movies Anywhere Privacy Policy, as well any specific consents you may have provided, also apply to their access, use, and disclosure of information. You agree to immediately notify Movies Anywhere of any unauthorized access to your Movies Anywhere account. Movies Anywhere will not be responsible for any losses arising from the unauthorized use of your Movies Anywhere account.
- Notices. Any notices Movies Anywhere 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 Movies Anywhere Service. For clarity, you consent to receive electronic communications from the Movies Anywhere Service and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. 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 for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. COPYRIGHT LICENSE GRANT AND RESTRICTION
- License. Within the Territory and subject to the terms and conditions in these Movies Anywhere Terms of Use, Movies Anywhere grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
- install and make non-commercial, personal use of the Movies Anywhere Service; and
- stream or download movies, trailers, bonus materials, images, artwork and other copyrightable materials that are made available to you from the Movies Anywhere Service (the "Content")
This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Movies Anywhere Service. The purchase of a license to stream or download any Movies Anywhere Content does not create an ownership interest in the licensed Content. References to the Content also include any elements of the Content. Such Content, including the copyrights, trademarks, service marks, trade names, trade dress, and other intellectual property rights in the Content are owned by Movies Anywhere, its affiliates, Participating Studios, their affiliates, and/or other licensors and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
Except as we specifically agree in writing, no element of the Movies Anywhere Service may be used or exploited in any way other than as part of the Movies Anywhere Service offered to you. We do not transfer ownership, title, right or interest to or in any portion of the Movies Anywhere Service to you.
- Restrictions on Your Use of the Content. You agree that you will not nor permit another person to do any of the following without our express written permission, and that all these restrictions are a condition of your license:
- circumvent or disable any content protection system or digital rights management technology used with the Movies Anywhere Service;
- copy the Content (except as expressly permitted by these Movies Anywhere Terms of Use);
- create derivative works of the Content; or
- engage in any of the foregoing in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking, or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product, or other technology (“AI Tool”).
- Restrictions on Your Use of the Movies Anywhere Service. You agree that you will not nor permit another person to do any of the following without our express written permission, and that all these restrictions are a condition of your license:
- move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Movies Anywhere Service;
- modify, including among other things, remove identification, copyright or other proprietary notices from the Content or the Movies Anywhere Service;
- access or use the Movies Anywhere Service in a manner that suggests an association with our products, services or brands;
- create derivative works of the Movies Anywhere 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 Movies Anywhere Service (click here for open source notices);
- bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Movies Anywhere Service including, but not limited to, mechanisms that protect or limit use or access to the Movies Anywhere Service and Content;
- damage, disable, overburden or impair the Movies Anywhere Service;
- bundle Content or the Movies Anywhere Service for redistribution with other products or services;
- redeem an unauthorized, expired, invalid, or used digital code. For combination packs: By redeeming a digital code from a combination disc + code package (for example, a disc + code package that includes a DVD, Blu-ray, and/or 4K/UHD disc(s) and a digital code), you are representing that you, or a member of your family, obtained the code in an original combination disc + code package and the code was not purchased separately. Your representation is a condition of redemption and of your obtaining a license to access a digital copy of the movie;
- use the Movies Anywhere Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Movies Anywhere Terms of Use;
- access, monitor, copy, or extract the Content or the Movies Anywhere Service using a robot, spider, script, or other automated means, including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool, data mining or web scraping or otherwise compiling, building, creating, or contributing to any collection of data, data set, or database (other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by us, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags);
- knowingly or recklessly introduce a virus or other harmful component into, or otherwise tamper with, impair, or damage the Movies Anywhere Service or connected network, or interfere with any person’s use or enjoyment of the Movies Anywhere Service; or
- use the Movies Anywhere Service for any commercial or business-related purposes, to advertise or offer to sell products or services (whether or not for profit), to solicit others (including solicitations for contributions or donations), or for any activity that would enable third parties to engage in any of the foregoing.
Any attempt to perform any of the restrictions listed in Section 2(b) and Section 2(c) above is a violation of the rights of Movies Anywhere, its licensors, and the copyright holder.
3. USAGE TERMS
- Adding Movies Anywhere Entitlements. An "Entitlement" is a legitimately acquired license to stream or download a specific Movies Anywhere movie title and its resolution (e.g., Standard Definition or High Definition). Your "My Movies" collection is made up of Content for which you have by license obtained Entitlements in your Movies Anywhere locker. As a Movies Anywhere Member, you may fill your My Movies collection with Movies Anywhere-eligible movies based on your Entitlements. Your Entitlements will remain in your My Movies Collection indefinitely, subject to the ongoing validity of your Entitlements and these Movies Anywhere Terms of Use.
- Temporary Entitlements. A "Temporary Entitlement" is an Entitlement with a license to stream a select Movies Anywhere movie title and its resolution for a limited period of time. For clarity, a Temporary Entitlement will not become part of your My Movies collection.
- Streaming Movies Anywhere Content. Select Content can be streamed through the Movies Anywhere 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. Up to four (4) concurrent streams are allowed for each Movies Anywhere account at any time. Up to two (2) concurrent streams are allowed for the same Movies Anywhere-eligible movie for each Movies Anywhere account at any time.
- Downloading Movies Anywhere-Eligible Movies. Movies Anywhere Members may download Movies Anywhere-eligible movies to a maximum of eight (8) permitted Movies Anywhere-Compatible Devices (described further below in Section 6) for offline viewing. These downloads are in addition to downloads that may be permitted by Digital Retailers like Apple TV, Amazon Prime Video, Fandango at Home, Google Play/YouTube, Microsoft Movies & TV, Xfinity, Verizon Fios TV and DIRECTV. The number of times you can download a single Movies Anywhere-eligible movie through your Movies Anywhere account to a Movies Anywhere-Compatible Device associated with your Movies Anywhere account is unlimited, as long as you do not exceed the device limits described in Section 6. Please note that you must connect your Movies Anywhere-Compatible Device to the Internet and login to your Movies Anywhere account at least once every ninety (90) days for your downloaded movies to remain available for playback through your Movies Anywhere-Compatible Device.
- Access Controls. The Movies Anywhere Service provides Movies Anywhere Members with access controls to restrict certain functionality within the Movies Anywhere Service. You may enable access controls by creating profiles within your Movies Anywhere account and managing the ratings that each profile has access to, which will restrict playback of Movies Anywhere-eligible movies from within that profile by rating. There are currently five (5) levels of restricted ratings: G, PG, PG-13, R, and All. However, restricting access to a Movies Anywhere-eligible movie by rating does not restrict access to the bonus materials associated with that movie. Please note that profiles are set on a device-by-device basis. This means that any profile (and its associated access control) you set on one device will not automatically apply to your other devices. To apply that same access control on your other devices, you will need to independently select the profile with the desired access control on each of your devices.
- Digital Code Redemption. You can enter authorized, unexpired, valid, and unused digital codes for Movies Anywhere-eligible movies in the "Redeem" section of the Movies Anywhere Service. Upon validating the digital code, an Entitlement for the Movies Anywhere-eligible movie will be included in your My Movies collection. For combination packs: Digital codes originally packaged in combination disc + code packages may not be sold separately and may be redeemed only by an individual who obtains the code in the original combination disc + code package, or by a family member of that individual. The digital codes are owned by Participating Studios, their affiliates, or other licensors. You may only use digital codes as specifically authorized under these Movies Anywhere Terms of Use and the terms and conditions of the applicable issuer of each digital code that you use. The unauthorized sale, distribution, purchase or transfer of digital codes in a manner inconsistent with those terms and conditions is prohibited.
- Future Unavailability. Subject to these Usage Rules, there is no limit to the number of times you can download or stream Movies Anywhere-eligible movies from your My Movies collection; however, it is possible that those movies may not be available for subsequent re-download or stream at any given time., including without limitation (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. Movies Anywhere will take reasonable efforts to provide you with as much prior notice as possible; however, Movies Anywhere shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices and platforms from being able to access the Movies Anywhere Service. We will take reasonable efforts to let you know of any of these changes, usage rules, and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Movies Anywhere Service.
4. DIGITAL RETAILERS
- Connecting. Currently, Apple iTunes, Amazon Prime Video, Fandango at Home, Google Play/YouTube, Microsoft Movies & TV, Xfinity, Verizon Fios TV and DIRECTV are "Digital Retailers" of the Movies Anywhere Service. Additional Digital Retailers may become available at any time, with or without notice. The total number of Digital Retailers may vary at any given time. If you have an account with a Digital Retailer, you may connect your Movies Anywhere account with your Digital Retailer account. Only one Movies Anywhere account can be connected with one account at each connected Digital Retailer at any one time. These accounts may be individually disconnected by you at any time. However, an individual Digital Retailer account to which a Movies Anywhere account is connected cannot be switched to a different account with such Digital Retailer more than once in any 180 day period. Connecting your Movies Anywhere account with your Digital Retailer account(s) will enable automatic Entitlement Sharing between Movies Anywhere and all connected Digital Retailer(s).
- Independent Rules. While on or using a Digital Retailer's website, application or service, you will be subject to that Digital Retailer's rules and restrictions including its privacy policies. Movies Anywhere assumes no responsibility or liability for any Digital Retailer or its websites, applications or services.
- Entitlement Sharing. "Entitlement Sharing" is the sharing of your Entitlements on your behalf between Movies Anywhere and each connected Digital Retailer. In this way, all Movies Anywhere-eligible movies in your My Movies collection will also appear in each of your connected Digital Retailer's lockers, subject to availability of each Movies Anywhere-eligible movie with the applicable Digital Retailer. Additionally, all Movies Anywhere-eligible movies in your connected Digital Retailer's lockers will appear in your My Movies collection and each of your other connected Digital Retailer's lockers, subject to availability of each Movies Anywhere-eligible movie with the applicable Digital Retailer. This will allow you to independently view such movies through the Movies Anywhere Service and each Digital Retailer's service. Temporary Entitlements, which are separate from your My Movies collection, will not be shared by Movies Anywhere with Digital Retailers, will not appear in your connected Digital Retailer(s)’s locker(s), and will not be viewable on such Digital Retailer(s)’s service(s). No Entitlement information or other information is shared directly between Digital Retailers. Each Digital Retailer'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 Retailer's locker are eligible for sharing with Movies Anywhere. Disconnecting your Movies Anywhere account with your Digital Retailer account will cease future Entitlement Sharing between Movies Anywhere and the disconnected Digital Retailer. Movies Anywhere-eligible movies based on Entitlements which were shared prior to disconnecting will continue to be available in Movies Anywhere and the disconnected Digital Retailer so long as the Digital Retailer account remains disconnected from Movies Anywhere. Should you choose to then reconnect your Digital Retailer account to a different Movies Anywhere account, there is a possibility that some of your Movies Anywhere-eligible movies will not be available in your Digital Retailer account. Each Digital Retailer’s policies and terms of use will determine whether Entitlements shared prior to disconnecting with Movies Anywhere will continue to be available in the Digital Retailer account.
- Transactions. Currently Movies Anywhere does not directly handle transactions for any products. However, you may follow links within the Movies Anywhere Service to purchase products directly from a connected Digital Retailer. All such transactions are subject to applicable license terms and conditions and will be directly between you and the Digital Retailer. You should directly contact the Digital Retailer for any refunds or to resolve any problems with such transactions.
5. PARTICIPATING STUDIOS
Currently, Movies Anywhere brings you titles from The Walt Disney Studios (including Twentieth Century Film), Sony Pictures Entertainment Inc., Universal Pictures, and Warner Bros. Entertainment Inc. ("Participating Studios"). Additional Participating Studios may become available at any time, with or without notice. The total number of Participating Studios may vary at any given time.
If you have an account with one or more Participating Studio’s rewards program (each a “Studio Rewards Program”), you may connect your Movies Anywhere account with your Studio Rewards Program account(s). Only one Movies Anywhere account can be connected with one account at each connected Studio Rewards Program at any one time. These accounts may be individually disconnected by you at any time. However, an individual Studio Rewards Program account to which a Movies Anywhere account is connected cannot be switched to a different account with such Studio Rewards Program more than once in any 180-day period. While accessing or using a Participating Studio's Content, website, application or service, you will be subject to that Participating Studio's rules and restrictions including its privacy policies. Movies Anywhere assumes no responsibility or liability for any Participating Studio or its websites, applications or services.
6. MOVIES ANYWHERE-COMPATIBLE DEVICES, TECHNICAL REQUIREMENTS AND LIMITATIONS
- Movies Anywhere-Compatible Devices. Use of the Movies Anywhere Service requires compatible devices and certain software, may require periodic updates, and may be affected by the performance of these elements. You can access Movies Anywhere Content with almost any Internet-connected computer or through the Movies Anywhere application available for certain mobile devices (Internet connection required) (each, a "Movies Anywhere-Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please check Movies Anywhere Help Center.
- Adding Movies Anywhere-Compatible Devices; Limitations. You can add a Movies Anywhere-Compatible Device to your Movies Anywhere account by downloading the Movies Anywhere application to the Movies Anywhere-Compatible Device and by signing into your Movies Anywhere account through the Movies Anywhere application. Please note that you may download Movies Anywhere-eligible movies to a maximum of eight (8) different Movies Anywhere-Compatible Devices at any one time. You will not be permitted to download to an additional device once the maximum of eight (8) Movies Anywhere-Compatible Devices has been reached. In addition, you may download Movies Anywhere-eligible movies to a maximum of sixteen (16) different Movies Anywhere-Compatible Devices within a rolling twelve (12) month period. You may remove or switch any of your eight (8) unique Movies Anywhere-Compatible Devices up to the sixteen (16) different unique devices permitted within a rolling twelve (12) month period.
- Fees and Internet Connection. You are solely responsible for determining and paying any third-party fees, charges or taxes in connection with your use of the Movies Anywhere 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 Movies Anywhere Service.
7. USE AND SHARING OF CERTAIN INFORMATION
For more information about Movies Anywhere's collection, use, and sharing of your information please refer to the Movies Anywhere Privacy Policy, which is incorporated herein by this reference.
Movies Anywhere reserves the right to, and you agree that Movies Anywhere 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.
8. SUSPENSION AND TERMINATION
You agree that Movies Anywhere may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Movies Anywhere Service and to any Content if Movies Anywhere believes you are using or have used the Movies Anywhere Service in violation of these Movies Anywhere 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, Movies Anywhere may restrict or suspend your access to your Movies Anywhere account for cause and upon reasonable notice to you, which may be communicated electronically, 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 Movies Anywhere reasonably believes that your Movies Anywhere account has been created fraudulently, your Movies Anywhere account has been accessed fraudulently, or anyone uses your Movies Anywhere account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Movies Anywhere also reserves the right, after notice to you, to terminate any Movies Anywhere account that remains inactive for one year (failure to log in to your Movies Anywhere account will constitute inactivity for purposes of these Movies Anywhere Terms of Use). In addition, you understand that Movies Anywhere may modify or cease providing all or a portion of the Movies Anywhere Service at any time without notice.
You agree that Movies Anywhere will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Movies Anywhere account or Content. We also reserve the right to take legal action against you for violating intellectual property rights, fraud, or similar grounds for termination. Our decision to delay exercising or enforcing any right or remedy under these Terms will not constitute a waiver of such right or remedy with respect to any party.
ON TERMINATION OF YOUR MOVIES ANYWHERE ACCOUNT, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST, YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS STREAMED CONTENT THROUGH THE MOVIES ANYWHERE SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW MOVIES ANYWHERE-ELIGIBLE MOVIES DOWNLOADED WITHIN THE MOVIES ANYWHERE SERVICE.
9. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
- Arbitration of Disputes. There may be instances in which disputes arise between us. You and Movies Anywhere agree to resolve, by binding individual arbitration, all Disputes between you and the Movies Anywhere Parties, except for (x) 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 (y) any dispute relating to the ownership or enforcement of intellectual property rights. "Dispute" includes any claim, dispute, action, or other controversy whether based on past, present, or future events, whether based in contract, tort, statute, regulation, common law, or other legal or equitable basis, between you and us concerning the Movies Anywhere Service, 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 of these Terms of Use are void or voidable.
- No Class Action. YOU AND THE Movies Anywhere PARTIES AGREE TO WAIVE CLASS ACTION PRODURES. Neither you nor the Movies Anywhere Parties will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity. You and the Movies Anywhere Parties agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the Movies Anywhere Parties are entitled to arbitration; instead, all Disputes will be resolved in a court.
- Small Claims Court. Subject to applicable jurisdictional requirements, you or the Movies Anywhere Parties may elect to pursue a Dispute in a local small claims court rather than through the Informal Dispute Resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
- Informal Dispute Resolution. In the event of a Dispute, you and the Movies Anywhere Parties agree to attempt to avoid the costs of formal dispute resolution by giving the other party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes eligible to be resolved in small claims court, the claiming party must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of dispute to Movies Anywhere, 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Movies Anywhere Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have available for you in connection with your Movies Anywhere account.
You and Movies Anywhere will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet-and-confer in person, via teleconference or videoconference, that addresses only the Dispute between you and Movies Anywhere (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. Movies Anywhere 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. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this Section 9(d), including an injunction to stay an arbitration that has been commenced in violation of this Section 9(d). - Arbitration Process and Rules. If you and Movies Anywhere do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, governs the interpretation and enforcement of this arbitration agreement, no state law. Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate the arbitration will be conducted by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single, neutral arbitrator.
- Venue. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online will take place in either Los Angeles, California, or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in Los Angeles or the borough of Manhattan would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area. You and Movies Anywhere agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California, or the borough of Manhattan, New York, New York, which is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.
Except as provided above with respect to jurisdiction in Los Angeles, California, and Manhattan, New York, New York, nothing in this arbitration agreement shall be construed as consent by the Movies Anywhere Parties, or their affiliates to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to the Movies Anywhere Service, or these Terms. - Fees. If the Movies Anywhere Parties initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. ADR Services sets forth fees for its service, which are available at https://www.adrservices.com/rate-fee-schedule/. NAM permits any person to request information as to fees for its services at https://www.namadr.com/info-request-form/. If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule.
- Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or the Movies Anywhere Parties may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. 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.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Movies Anywhere, including any revocation of consent or other action by you to end your participation in the Movies Anywhere Service or any communication with us.
- Opt-out. You may opt out of this arbitration agreement. 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 found to arbitrate Disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may opt out of only 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 Movies Anywhere account (if you have one), 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 P.O. Box 6202, Burbank, CA 91510, USA, Attention: Movies Anywhere Opt-Out. 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 of addressing disputes.
10. ADDITIONAL PROVISIONS
- License.You understand and agree that the Content you receive through the Movies Anywhere Service is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
- Third-Party Services, Content and Devices. The Movies Anywhere Service may integrate, be integrated into, or be provided in connection with third-party services, content and devices. We do not control those third-party services, content and devices. You should read the terms of use agreements, privacy policies, and safety information that apply to such third-party services, content and devices. If you access the Movies Anywhere 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 agreement. You agree that your access to the Movies Anywhere Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
- Mobile Networks. When you access the Movies Anywhere 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 Movies Anywhere Service may be prohibited or restricted by your network provider and the Movies Anywhere Service may not work with your network provider or device.
- User Generated Content.
- Submission. The Movies Anywhere Service may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content ("User Generated Content"), which may be accessible and viewable by you and/or the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
- License. We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Movies Anywhere Service and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
- Representation. You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
- Right to Modify. We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Movies Anywhere Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
- Competitions. Competitions that you enter on the Movies Anywhere Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
- Entries. Your competition entry is User Generated Content and subject to all provisions of these Terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified. We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
- Eligibility. To enter a competition, you must be a registered user of the Movies Anywhere Service and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian's consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
- Prizes. No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms. Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
- 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. We do not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials you grant to Movies Anywhere a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
- Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
TWDC Designated Agent
The Walt Disney Company
500 South Buena Vista Street
Burbank, California 91521, USA
Phone: +1 818-560-1000
Fax: +1 818-560-4299
Email: designated.agent@dig.twdc.comWe are only able to accept notices in the English language.
We will respond expeditiously to claims of copyright infringement committed using the Movies Anywhere Service that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") or, as applicable, other laws. With respect to the Movies Anywhere Service hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.
- Contact Information. You may contact Movies Anywhere as follows:
By phone at: 1-833-466-8438
By email at: help@moviesanywhere.com
- DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AND MOVIES ANYWHERE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIES ANYWHERE, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND PARTICIPATING STUDIOS AND THE PARTICIPATING STUDIOS' RESPECTIVE AFFILIATES (COLLECTIVELY, THE "MOVIES ANYWHERE 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 THE MOVIES ANYWHERE PARTIES DO NOT WARRANT THAT THE CONTENT AND THE MOVIES ANYWHERE SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE MOVIES ANYWHERE PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT AND THE MOVIES ANYWHERE SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE MOVIES ANYWHERE PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE MOVIES ANYWHERE 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 MOVIES ANYWHERE 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 CONTENT OR THE MOVIES ANYWHERE SERVICE, HOWEVER CAUSED. NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL MOVIES ANYWHERE'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 RETAILER FOR ANY MOVIE THAT BECOMES PART OF YOUR MY MOVIES COLLECTION. THE LIABILITY LIMITATIONS IN THIS SECTION 10(I) APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF THE MOVIES ANYWHERE 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. - Choice of Forum. You agree that any action at law or in equity arising out of or relating to these Movies Anywhere Terms that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
- Choice of Law These Terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
- Severability. If any provision of these Terms 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.
- Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
- Entire Agreement. These Movies Anywhere Terms of Use and the provisions referenced herein, constitute the entire agreement between you and Movies Anywhere 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 Movies Anywhere 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.