Terms of Use

Disney Movies VR Terms of Use

Last Updated: May 16, 2016

Walt Disney Pictures (“we”, “us” “our”) is pleased to introduce you to its software, the Disney Movies VR Application (“DMVR App”), and its virtual reality content that includes audio and visual works and data (the “Content”). All Content delivered to you through the DMVR App is delivered from Disney or its authorized service provider (the “Service”). PLEASE READ THESE DMVR TERMS OF USE CAREFULLY BEFORE USING THE DMVR APP, CONTENT AND SERVICE.

1. These DMVR Terms of Use. These DMVR Terms of Use are a contract between you and Walt Disney Pictures or one of its related companies (collectively, “Disney”). You must read and agree to these terms before accessing and using the DMVR App, any Updates (defined below in Section 2), the Content and the Service (collectively, the “DMVR Experience”). You agree to these DMVR Terms of Use by your use of any aspect of the DMVR Experience. If you do not agree, you may not use or access the DMVR Experience. These DMVR Terms of Use incorporate The Walt Disney Company Terms of Use (“TWDC Terms of Use”) and your agreement to these DMVR Terms of Use constitutes your agreement to the TWDC Terms of Use. For purposes of interpreting the TWDC Terms of Use in the connection with the DMVR Experience, “Disney Services” means the DMVR Experience. If any provision in these DMVR Terms of Use conflicts with any provision in the TWDC Terms of Use, the conflicting provision in these DMVR Terms of Use will control. Capitalized terms used but not defined herein shall have the meanings provided in the TWDC Terms of Use. We reserve the right to modify any of the DMVR Terms of Use at any time, with or without notice, even though such changes may affect your use of the DMVR Experience. If you do not agree to any change to these DMVR Terms of Use, you should discontinue your use of the DMVR Experience. You are solely responsible for remaining knowledgeable as to any changes that we may make to these DMVR Terms of Use.
2. License Grant. Within the Territory (defined below in Section 8) only, Disney grants you a limited, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable license to (i) download, install and use the DMVR App, (ii) download, re-download, stream, render in real time, install, store, display and view the Content via the Service and the DMVR App, in each case on a personal, noncommercial use basis, on a Performance Computer (defined below in Section 4) and (iii) download, install and use software that updates the DMVR App (the “Updates” which are deemed part of the DMVR App when released). This is a license agreement and not an agreement for sale or assignment. You agree that Disney may add, modify and withdraw Content from the Service at any time.
3. Content Usage. Select Content can be either downloaded or streamed through the Service over an active Internet connection. The image quality will vary depending on the speed of your Internet connection, the Performance Computer you use and the software currently installed on such computer. A high speed Internet connection is recommended in order to maximize your enjoyment of the DMVR Experience.
4. Experience Optimization. To optimize your enjoyment of the DMVR Experience, we suggest that you familiarize yourself with the applicable system requirements, virtual reality headsets, high performance computers (“Performance Computers”) and other VR support devices as well as any descriptions about the optimal viewing environment for the Content that may be displayed at the site where you downloaded the DMVR App.
5. DMVR App and Service Use. Your installation and use of any Updates or modifications to, or replacement versions of, the DMVR App demonstrates your acceptance of any and all such Updates, modifications, or replacement versions and your agreement that the Updates, modifications, or replacement versions are covered by these DMVR Terms of Use. Disney reserves the right, at its sole discretion, to change, modify, add to, or delete any elements comprising the DMVR Experience. You acknowledge that the Service requires administration from Disney and may be discontinued at any time at the sole discretion of Disney. If Disney plans to discontinue the Service, Disney will give you prior notice of Disney’s intent to end the Service. Accordingly, in the event that Disney changes or discontinues any part of such administration of the DMVR Experience, you acknowledge that you may no longer be able to access Content to the same extent, or at all, as prior to such change or discontinuation. In no event will Disney be liable in any way for the discontinuation of the Service or the DMVR Experience, the removal of or disabling access to the DMVR Experience or other materials, or the withdrawal of Content.
6. Restrictions. You may not circumvent or disable any content protection system or digital rights management software or other security technology that is associated with the DMVR Experience or which controls access to and delivery of the DMVR Experience. Except to the extent otherwise expressly allowed elsewhere in these DMVR Terms of Use, you may not edit, modify, translate, create derivative works or adaptations of, decompile, re-sell, copy, rent, lease, reproduce, reverse engineer, disassemble or otherwise reduce to a human-readable form the DMVR Experience. You agree that you will not (i) duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device including but not limited to CDs, DVDs, VCDs or any other such device or medium now known or hereinafter devised; (ii) use the DMVR Experience to violate any legal rights of any third party, including any publicity or privacy right, copyright or other intellectual property right; or (iii) counterfeit or paste the Content to any web site or web page. The rights granted in these DMVR Terms of Use do not transfer to you any commercial or promotional use rights in the DMVR Experience. Without limiting the above, except as allowed by law or as clearly indicated in writing by Disney, the DMVR Experience may not be reproduced, displayed, exhibited or performed in whole or in part in or at public places. Click here for open source notices and any additional terms.
7. Age Requirements. Access to the DMVR Experience is not intended for those users who are under 13 years. If you are under the age of 13, your use of the DMVR Experience is unauthorized, unlicensed and in violation of these DMVR Terms of Use. If you are between the ages of 13 and the legal age of majority in the State in which you reside, your use of the DMVR Experience must be under the supervision of your parent or legal guardian who agrees to be bound by these DMVR Terms of Use.
8. Territory. The DMVR Experience is available for use by consumers residing in the United States and certain of its territories and protectorates only (the “Territory”).
9. Warnings: Before using the DMVR Experience, please read the health and safety warnings that are accessible by clicking here.
10. Customer Support. For Customer Support assistance, please send an email to Support@DisneyMoviesVR.com.
11. Unavailability. The DMVR Experience may not be available: (i) during any maintenance or update periods, any power or server outages; (ii) as a result of war, riots, strikes, social unrest; or (iii) as a result of other matters beyond our control.
12. Intellectual Property. Excluding any applicable open source components, the DMVR Experience, including the copyrights, patents, trademarks and any other applicable intellectual property rights in the DMVR Experience, are owned by Disney and/or its licensors, and are protected by the copyright laws of the United States and other countries all over the world, as well as other intellectual property laws and treaties. The DMVR Experience is valuable intellectual property and may contain confidential information of Disney and/or its licensors. Except for the limited license provided herein, Disney and Disney’s licensors do not transfer any title, right or interest to or in the DMVR Experience to you. You may not remove, alter or in any way tamper with or remove any copyright notices or other proprietary markings included with the DMVR Experience. Any copying, access, transfer or use of the DMVR Experience other than as expressly authorized herein shall constitute an act of copyright infringement and a breach of these DMVR Terms of Use. In such case, Disney may, at its sole discretion, terminate these DMVR Terms of Use and pursue any other available rights or remedies at law or equity.
13. Export Restrictions. You acknowledge that the DMVR App and the Content are subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the DMVR App and the Content, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
14. Trademarks. You acquire no right under these DMVR Terms of Use to use the names “Buena Vista”, “The Walt Disney Company”, “Disney”, “Pixar”, “Marvel”, “Lucasfilm”, “ABC” or “ESPN” (either alone or in conjunction with or as part of any other word or name) or any fanciful characters, designs, trademarks, trade names or copyrighted works of The Walt Disney Company or any of its affiliates, its related content or otherwise associated therein. Other trademarks, service marks, graphics and logos used in connection with the DMVR Experience may be trademarks of Disney or their respective owners and you are granted no right or license with respect to any of the aforementioned trademarks or any use of such trademarks.
15. Third Party Software. This application was created using Unity 5.3. Portions of this application © 2005 – 2016 Unity Technologies.
16. Termination. We may immediately terminate these DMVR Terms of Use with you without notice if you fail to comply with any term of these DMVR Terms of Use. If these DMVR Terms of Use are terminated, you should immediately discontinue use and access of the DMVR Experience.
17. Privacy. These DMVR Terms of Use incorporate The Walt Disney Company Privacy Policy and your agreement to these DMVR Terms of Use constitutes your agreement to The Walt Disney Company Privacy Policy.
18. Fees and Internet Connection. In order to download or stream Content via the DMVR App you must have Internet access. You are solely responsible for determining and paying any fees, charges or taxes in connection with your use of the DMVR Experience including, without limitation, those imposed by any Internet service provider, carrier or governmental entity.
19. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. The DMVR Experience is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Disney, its affiliates, licensors, agents and service providers (the “Disney Parties”) each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality and noninfringement, and their equivalents under the laws of any jurisdiction. You also acknowledge and agree that the Disney Parties do not warrant that the DMVR Experience the Content and Service will be without errors, viruses or other harmful components. The Disney Parties do not warrant or otherwise state that the DMVR Experience will meet your requirements. You and not the Disney Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of the DMVR Experience. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
To the extent not prohibited by applicable law, in no event shall the Disney Parties be liable for any personal injury, or any indirect, special, incidental or consequential damages of any kind that result from the use of, or inability to use the DMVR Experience however caused. The liability limitations in this paragraph apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) and even if the Disney Parties have been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
20. Binding Arbitration and Class Action Waiver. You agree to the terms in Section 6 of the TWDC Terms of Use that cover binding arbitration and class action waiver.
21. Choice of Forum. You agree that any action at law or in equity arising out of or relating to these terms or the use of the DMVR Experience 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.
22. 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.
23. Enforcement & Disputes. Disney reserves the right to take steps Disney believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these DMVR Terms of Use. You agree that Disney has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, or a third party that Disney believes is reasonably necessary or appropriate to enforce or verify compliance with any part of these DMVR Terms of Use.
24. Miscellaneous. These DMVR Terms of Use constitute the entire agreement between Disney and you and governs your use of the DMVR Experience, your access through the DMVR App, superseding any prior agreement, other communications or advertising with respect to the DMVR App, the Service and the Content available through the DMVR App. If any part of these DMVR Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Disney’s failure to enforce any right or provision in these DMVR Terms of Use will not constitute a waiver of such provision, or any other provision of these DMVR Terms of Use. Additionally, you agree to comply with all applicable third party terms of agreement when using the DMVR App (e.g., you must not be in violation of your wireless data service terms of agreement when using the DMVR App).
25. Survivals. The terms of Sections 6, 8, 12, 14, 17, 19, 20, 21, 22, 23, 24 and 25 shall survive the termination of these DMVR Terms of Use.

YOU MAY ALWAYS READ THESE DMVR TERMS OF USE BY GOING TO THE SITE WHERE YOU DOWNLOAD THE DMVR APPLICATION.