Terms of Use

Last Updated: Mar 27, 2024

Shanghai International Theme Park Company Limited (上海国际主题乐园有限公司) and/or Shanghai International Theme Park Associated Facilities Company Limited (上海国际主题乐园配套设施有限公司) (“Disney”, “we” or “us”) are pleased to sell and/or provide to you in Mainland China certain websites, software, applications, content, products, and services via the Internet (“Disney Products” or “Products”, which may be delivered or provided to you via the Internet or offline (including in Disney’s resorts and physical stores in Mainland China)), which may be branded Disney, ABC, ESPN, Marvel, Pixar, Lucasfilm, FX, Fox Searchlight, 20th Century Fox, National Geographic, or another brand owned or licensed by Disney or its affiliates.

For the purposes of these Terms of Use, “Mainland China” means the People’s Republic of China other than the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan.

PLEASE READ THESE TERMS OF USE AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE DISNEY PRODUCTS. THESE TERMS OF USE GOVERN YOUR USE OF THE DISNEY PRODUCTS IN GENERAL. BY USING THE DISNEY PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.

TABLE OF CONTENTS

1. These Terms of Use Are a Contract Between You and Us
2. License Grant and Restrictions
3. Usage Rules
4. Paid Transactions
5. Contests, Sweepstakes and Promotions
6. Disclaimers and Limitation on Liability
7. Submissions, User Generated Content
8. Additional Provisions 

1. These Terms of Use Are a Contract Between You and Us

A. Binding Contract. These Terms of Use (“Agreement”) are a contract between (a) you and (b) (i) Shanghai International Theme Park Company Limited (上海国际主题乐园有限公司), as a limited liability company in Shanghai, China, and/or (ii) Shanghai International Theme Park Associated Facilities Company Limited (上海国际主题乐园配套设施有限公司), as a limited liability company in Shanghai, China. Other than as expressly stated herein, there are no third-party beneficiaries of this Agreement.

B. Agreement. You represent to Disney that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a Disney account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access a Disney Product offered directly by Disney or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Disney Product). If you do not agree to this Agreement, you may not use the Disney Products.

C. Supplemental Terms and Conditions. This Agreement governs the Disney Products in general. More specific and/or supplemental terms and conditions may apply to some Products, including but not limited to, a particular contest, sweepstakes or promotion, software, application, promotional code, service, event or other activity; availability of certain merchandise, content, programs, or other activities; conditions or other limitations to the Disney Products for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms and conditions will prevail over this Agreement. If you do not agree to such applicable supplemental terms and conditions as made available to you, you may not use the Disney Product and you should immediately cease your use of the Disney Product.

D. Amendments. We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Disney Products or changes in law. If we make a material change to this Agreement, it will be effective following either our dispatch of a notice to you or our posting of the amended terms through the Disney Products, the third party that makes Disney Products available to you, or at this page, unless the effective date of such amendments is otherwise indicated. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use the Disney Products you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the Disney Products. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.

E. Accounts. Some Disney Products permit or require you to create an account to participate or to secure additional benefits. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. 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, including contact information for a parent or guardian.

F. Passwords and Security. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Disney Products.

G. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

H. Termination or Suspension. We may terminate or suspend your account and access to any Disney Products, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Disney Products in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Disney Products.

2. License Grant and Restrictions 

The Disney Products, including, but not limited to, movies, television shows, entertainment or informational programming, trailers, bonus material, scripts, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our relevant affiliates and other licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in and to the Disney Products are owned by us or our relevant affiliates (who shall be treated as third-party beneficiaries of this Agreement under the Civil Code of China and may raise direct claims against you accordingly) and other licensors, and protected by the copyright, trademark, patent and other intellectual property laws of China and other jurisdictions and applicable international, regional, multilateral and bilateral conventions and treaties.

A. Consumer License. If a Disney Product, or third party providing Disney Products subject to this Agreement, is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use in Mainland China such software, content, virtual item or other material for your personal, noncommercial use only, only for as long as that Disney Product is made available to you by us, or an authorized third party, and only in accordance with this Agreement and/or the specific terms that apply to that Disney Product, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Disney Product, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Disney Product). This is a license agreement and not an agreement for sale or assignment of any rights in the Disney Products. Except as we specifically agree in writing, no element of the Disney Products may be used or exploited in any way other than as part of the authorized Product made available to you. You may own the physical media on which elements of the Disney Products are made available to you, but Disney and/or its relevant affiliates and other licensors retain full and complete ownership of the intellectual property rights in and to the Disney Products. We do not transfer title to any portion of the Disney websites, software, applications, content, virtual items or other materials and/or services to you. Likewise, the purchase of a license to use any Disney Product does not create an ownership interest in the Disney websites, software, applications, content, virtual items or other materials and/or services.

B. Restrictions on Your Use of Disney’s Products. You agree that as a condition of your license, you will not:

i. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney Product;

ii. copy the Disney Product (except as expressly permitted by us);

iii. rebroadcast, transmit or perform the Disney Product;

iv. create derivative works of the Disney Product or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;

v. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Disney Products and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);

vi. modify the Disney Products, including, but not limited to, by removing identification, copyright or other proprietary notices from the Disney Products, or by framing, mirroring, or utilizing similar techniques;

vii. access or use the Disney Products in a manner that suggests an association with our products, services or brands;

viii. use the Disney Products for any commercial or business related use or build a business utilizing the Products, whether or not for profit;

ix. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Disney Products;

x. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Disney Products using a robot, spider, scraper or other automated means or manual process without our express written permission;

xi. damage, disable, overburden or impair the Disney Products;

xii. use the Disney Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; and

xiii. allow third parties to violate the above restrictions.

C. Violation. Any attempt to perform any of the restricted actions listed above is a violation of the rights of Disney and/or its relevant affiliates and other licensors.

D. Export Controls. You may not access or use any Disney Product in violation of any applicable export control and sanctions laws. By acquiring services, content or software through the Disney Products, you represent and warrant that your access to and use of the services, content or software will comply with those applicable laws.

3. Usage Rules

A. Changes to the Disney Products. The Disney Products are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue Disney Products. If required by law, we may also need to suspend, restrict, or terminate your access to Disney Products.

B. Third-Party Services or Platforms. The Disney Products may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third parties or the products/services they make available. We do not make any representation or warranty with respect to such third-party products/services, and we shall not be liable for any loss or damage caused to you by your access to and use of such third-party products/services. You should read the terms of use or service, agreements and privacy policies that apply to such third-party products/services. 

Furthermore, you agree that your access to the Disney Products using an Apple iOS, Android or Microsoft Windows-powered device, Microsoft Xbox One or any other devices (as applicable) also shall be subject to the usage terms set forth in the applicable third parties’ terms of use or service. You represent to Disney that you have read and agreed to those terms.

C. Internet, Browser and System Requirements. You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Disney Products. You are required to review the minimum requirements necessary for use of the specific Product.

D. Mobile Networks. When you access the Disney Products through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Products may be prohibited or restricted by your network provider and not all Products may work with your network provider or device.

E. Consent to Messages. When you use the Disney Products, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates may apply. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. We will only send you advertising or promotional communications upon your consent or request in accordance with applicable laws. You can opt out of such advertising or promotional communications through the settings of the Disney Product. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE ADVERTISING OR PROMOTIONAL MESSAGES OR CALLS AS A CONDITION OF USING THE DISNEY PRODUCTS.

F. App Permissions. When you use the Disney Products, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. By downloading, installing or using the Disney Products, you agree to receive automatic software updates (as applicable).

G. Informational and Entertainment Purposes. You understand that the Disney Products are for your personal, noncommercial use and are intended for informational and entertainment purposes only; the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

H. Commercial, Marketing, or Branding Use Prohibited. Except as expressly licensed, we do not allow uses of the Disney Products, or any intellectual property rights in and to the Disney Products, that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).

I. Malware. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Disney Product or connected network, or interfere with any person or entity’s use or enjoyment of any Disney Product. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Disney Product or game experience to create an advantage for one user over another.

J. Simulated Activity. You understand that to support smooth operation of the Disney Products across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.

K. Improper Conduct. When using Disney Products, you are not allowed to, or attempt to, engage in any malicious transactions (including but not limited to fraudulent transactions or resale without permit) or any other behavior that interferes with normal transactions, or engage in any other improper conduct that that violates the principles of good faith.

L. Interference with Normal Operations of the Products. You are not allowed to use any device, software, script, routine programs, or any other means (whether automated or non-automated) to interfere with or attempt to interfere with the normal operations of Disney products (including but not limited to any normal transactions or activities), or take any action that would result in an unreasonable data load on any Disney Product’s network equipment.

4. Paid Transactions

A. Identity of Seller. Sales are made by Disney or the authorized seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some digital storefronts on the Disney Products are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.

B. Digital Content and Virtual Items. We may make applications, games, software or other digital content available on the Disney Products or through authorized third parties for you to license for a one-time fee. When purchasing a license to access such material from a Disney Product, charges will be disclosed to you before you complete the license purchase.

Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality as intended by the Disney Products with no right to reproduce, distribute, communicate to the public, make available to the public or transform any Disney Product via any online media, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Disney Product). Virtual items (including characters and character names) or in-game currency purchased or available to you in the Disney Products can only be used in connection with the Disney Products where you obtained them or where they were assembled by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Disney Products for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.

C. Subscriptions. Some Disney Products require paid subscriptions and the acceptance of supplemental terms to access. By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. From time to time, we may offer a free trial subscription for a Disney Product. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

Unless otherwise disclosed when you subscribe, you have the right to cancel your Disney Product subscription. When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the Disney Products until the end of the term during which you canceled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Disney Product prior to the date of cancellation. If you pay a periodic subscription fee for a Disney Product, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. If you subscribed online, we will give you the option of cancelling the subscription online.

D. The Order Process. You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment within 10 working days after confirming and notifying you of the refund (the actual timing of the refund may depend on the relevant bank or other payment institution).

E. Payments and Billing. You may complete the payments for the Disney Products via Alipay, WeChat Pay, Internet banking payment or any other option of payment channels acceptable to us. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.

If we do not receive any amount payable by you, we will not be liable for any delay in delivery of or any failure to deliver the corresponding Disney Products.

F. Cancellation of Orders and Return and Replacement of Products. You may refer to Disney’s terms and conditions on cancellation of orders and return and replacement of the Products for specific categories of the Products, which terms and conditions will be made available to you in writing separately.

G. Pricing; Taxes. The pricing for the Disney Products shall be the pricing specifically shown to you on or together with the Disney Products, unless it is manifestly erroneous. While we will try to ensure the accuracy of the pricing information, errors may not be avoided sometimes. We will inform you of such errors if we are aware of such errors when we process your order for any Disney Products. You have the right to either cancel that order, or reconfirm that order with the corrected pricing. If we cannot get in touch with you, your order will be deemed cancelled. If you have already paid for your order, we will refund your payment within 10 working days after confirming and notifying you of the refund (the actual timing of the refund may depend on the relevant bank or other payment institution). Even if we have already confirmed your order in writing, if the pricing is manifestly erroneous, which should not cause misunderstandings and should have been reasonably noticed by you, we shall have no obligation to offer the relevant Disney Products to you at such manifestly erroneous pricing.

We may revise the pricing for the Disney Products we offer at any time, without affecting any orders that we have already confirmed in writing.

Value-added taxes shall be paid for the Disney Products sold by us to you. Unless otherwise clearly indicated, the pricing for the Disney Products shall all be inclusive of value-added taxes, but not inclusive of freight charges. Freight charges may be separately charged and added to the total amount payable by you according to our freight policies.

You have the right to request for value-added tax invoices when you purchase the Disney Products according to applicable laws. You need to provide us with necessary invoicing details when you request for value-added tax invoices.

5. Contests, Sweepstakes and Promotions

Contests, sweepstakes and other similar promotions that you enter on a Disney Product or in connection with Disney Products integrated with a third-party website, service, application, platform, and/or content (“Disney Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Disney Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Disney Promotion, please first review the applicable official rules and/or conditions. If a Disney Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Disney Promotion. Your entry to a Disney Promotion constitutes User Generated Content (as defined in Section 7 below) and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content.

6. Disclaimers and Limitation on Liability

THE DISNEY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.

It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with the Disney Products.

Disney will, whether periodically or not, perform repair or maintenance work on the relevant facilities, equipment and servers providing the Products and provide you with notices in accordance with applicable laws. YOU ACKNOWLEDGE AND AGREE THAT SUCH REPAIR OR MAINTENANCE WORK MAY CAUSE INTERRUPTIONS OF THE DISNEY PRODUCTS (INCLUDING PAID PRODUCTS) FROM TIME TO TIME, AND DISNEY SHALL NOT BE HELD LIABLE FOR SUCH INTERRUPTIONS OF THE DISNEY PRODUCTS.

We only supply the Products for your personal, non-commercial, and domestic use, and you may not use the Products for any other purpose. Therefore, we will have no liability to you for any loss of profit or revenue, loss of business, business interruption, loss of business opportunity, or similar loss.

WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE DISNEY PRODUCT(S), OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL OR ANY OTHER DAMAGE WHICH DOES NOT DIRECTLY RESULT FROM A BREACH OF OUR OBLIGATIONS UNDER THIS AGREEMENT.

7. Submissions, User Generated Content

A. Submissions and Unsolicited Ideas Policies. Our long-standing company 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.

B. User Generated Content. The Disney Products may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a Disney Product made available by us or in connection with Disney Products appears on a Disney website, service and/or platform or is integrated with a third-party website, service, application, and/or platform, you may not submit or upload User Generated Content that is illegal, political-sensitive, 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. In particular, you agree that you will not submit or upload any User Generated Content that:

(i) is against the basic principles established by the Constitution;

(ii) endangers national security, reveals state secrets, subverts state power, or undermines national unity;

(iii) damages national honors and interests;

(iv) incites ethnic hatred, ethnic discrimination, and undermines national unity;

(v) destroys national religious policies, or promotes cults and feudal superstitions;

(vi) spreads rumors, disrupts social order, or undermines social stability;

(vii) spreads obscenity, pornography, gambling, violence, murder, terror or abetment;

(viii) publicizes terrorism, extremism;

(ix) incites illegal assembly, association, parade, demonstration and gathering which disrupts the social order;

(x) insults or slanders others, or infringes upon the lawful rights and interests (including but not limited to intellectual property rights) of others;

(xi) contains false, harmful or coercive content, or content that infringes upon the privacy of others, or constitutes harassment, tort, slander, vulgarity, molestation or other morally objectionable content; or

(xii) contains other content prohibited by laws and administrative regulations.

In most instances, we do not claim ownership of 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 for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, 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 Disney Products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the Disney Products in connection with the submission, or arising from it).

You represent and warrant that your User Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, 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 this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of this Agreement. You also agree to waive and 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 to waive and not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Disney Products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Disney Product, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate or suspend your account and access to the Disney Products if your User Generated Content violates this Agreement, including unlawful postings or content, 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.

C. Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

We are only able to accept notices in English.

We will respond expeditiously to claims of copyright infringement committed using the Disney Products that are reported to our designated copyright agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Disney Products hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.

8. Additional Provisions

A. Governing Law. This Agreement is governed by and construed in accordance with the laws of Mainland China, without giving effect to any conflict of law rules.

B. Dispute Resolution. You agree that any dispute arising from or in connection with this Agreement shall be submitted to Shanghai International Economic and Trade Arbitration Commission (“SHIAC”) for arbitration, which shall be conducted in accordance with SHIAC’s arbitration rules then in effect. The arbitral award is final and binding upon both parties. The governing law of this arbitration clause shall be the laws of Mainland China, without giving effect to any conflict of law rules. The place of the arbitration shall be Shanghai, oral hearings shall be held in Shanghai.

C. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

D. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution as well as the general provisions in Sections 2, 3, 6, 7 and 8.

E. Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.