Updated: January 1, 2021
PLEASE READ CAREFULLY.
By enrolling in the D23 Membership Program (the “Program”), you accept and agree to be bound by these D23 Membership Terms (the “D23 Membership Terms”), as they may be amended from time to time by Disney.
ANY DISPUTE BETWEEN YOU AND DISNEY, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE D23 MEMBERSHIP TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
The Program and its benefits are sponsored by and offered at the sole discretion of Disney Worldwide Services, Inc. (“Disney”, “we” or “us”). The rights and obligations of Disney under the Program may be assigned or transferred by Disney to any other related or unrelated entity at any time, with or without notice, and performance thereafter shall be the responsibility of that entity.
The Program has three membership tiers:
· D23 Gold Membership Individual Plan (a paid membership for one person), also referred to as an individual D23 Gold Membership
· D23 Gold Membership Duo Plan (a paid membership for two people, a primary member and an affiliate member), also referred to as a D23 Gold Duo Plan
· D23 General Membership (a complimentary membership for one person)
Enrollment in the Program is only for non-commercial purposes (no corporations or other entities, associations or groups) and is subject to and conditioned upon these D23 Membership Terms. Membership in the Program is open to persons 18 years or older. Accordingly, you must be at least 18 years old to purchase an individual D23 Gold Membership for yourself or as a gift for another person (who also must be at least 18 years old), to purchase a D23 Gold Duo Plan for yourself, as the primary member, and a second person, as the affiliate member (who must also be at least 18 years old), and to purchase any other D23 goods or services. Each individual is allowed only one membership. Subject to satisfying this membership eligibility criteria, the person who enrolls in the Program as provided under “Membership Enrollment” below shall be deemed the D23 Member for purposes of the Program and these D23 Membership Terms. All questions or disputes regarding eligibility for the Program or a member’s compliance with these D23 Membership Terms will be resolved by Disney in its sole discretion. To be considered a Charter Member, you must have maintained your individual D23 Gold Membership or D23 Gold Duo Plan as the primary member continuously in the Program commencing before December 31, 2009.
Please be advised that enrollment in the Program is not available to residents of certain countries and geographical areas. Please see the D23 website (D23.com) (“D23 Website”) for more information.
Membership Enrollment Fee & Subscription Information
The membership enrollment fees for the Program are US $99.99/year for a Gold Membership Individual Plan or US $129.99/year for a Gold Membership Duo Plan, plus shipping/handling and applicable taxes. Disney reserves the right to change the membership enrollment fees in its sole discretion. In the event of a change in the enrollment fees, Disney will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your Disney Account. If you do not wish to accept the enrollment fee change, you may cancel your membership in accordance with the instructions included in that email and below. If you do not cancel your membership after the enrollment fee change takes effect and prior to the start of your new annual membership term, your membership will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. A membership includes the benefits listed on the D23 Website at the time of purchase, which are subject to change in Disney’s sole discretion as provided in these D23 Membership Terms. All tax liability, including and without limitation disclosure connected with the receipt and/or use of the Program and the membership benefits, is the responsibility of the member.
New and renewing individual D23 Gold Memberships and D23 Gold Duo Plans for U.S. residents will automatically renew each year until canceled. For U.S. residents, D23 will automatically charge the annual membership fee to the payment method provided, until you cancel by signing in to your account at D23.com and following the directions on How to Cancel or by contacting Guest Services at GuestRelations@D23.com or (855) 323-5973 (calls accepted during normal business hours). D23 Memberships are non-refundable and non-transferable, and there are no credits or refunds for partial-year cancellations. You must cancel your individual D23 Gold Membership or, as primary member, your D23 Gold Duo Plan before your renewal date to avoid being charged for another year of D23 Membership. For D23 Gold Duo Plans, the affiliate’s Gold Membership will terminate at the end of the applicable annual D23 Gold Duo Plan term, and the primary member will be responsible for either renewing such affiliate member’s membership or changing the identity of the affiliate member in connection with each renewal of the annual membership.
Beginning January 1, 2021, D23 Gold Family Memberships will no longer be available for purchase or renewal, but existing D23 Gold Family Memberships will be honored through the expiration of the member’s annual term. At the end of such D23 Gold Family member’s term, memberships that aren’t canceled will renew automatically as a Gold Membership Duo Plan.
Disney may allow for upgrade from an individual D23 Gold Membership and the transition from a D23 Gold Family Membership, in each case, to the D23 Gold Duo Plan, which upgrade or transition, as applicable, will be in accordance with the terms provided on the D23 Website.
Membership cards and certificates have no cash value and will not be replaced if lost or stolen.
Shipping & Delivery
Express delivery is not available. Items can only be shipped to a physical address, not to a P.O. Box, APO or FPO address. There is no delivery on holidays. Your member card and member certificate (applicable to all D23 Gold Membership members) and D23 Gold Member Collector Set (applicable to individual D23 Gold Membership members and D23 Gold Duo Plan primary members only) will arrive within 2 to 3 weeks after purchase (or in the case of affiliate members under a D23 Gold Duo Plan or gift memberships, activation).
To sign up or purchase a membership for you (not as a gift for another individual) and enroll yourself in the Program, you must create a Disney Account. You must have access to the Internet and a valid email address to create a Disney Account. If you have an existing Disney Account, you can access D23 Membership benefits using your Disney Account credentials. You are responsible for maintaining the confidentiality of your Disney Account credentials and are responsible for any and all activities that occur under your account. You agree to immediately notify Disney of any unauthorized use of your Disney Account or breach of security related to your account.
For the D23 Gold Membership Duo Plan, the initial subscriber and purchaser of the D23 Gold Membership Duo Plan will be designated as the primary member and the additional secondary membership will be designated as the affiliate member. The primary member is responsible for the annual membership payment and receives the annual Gold Member Collector Set and four quarterly publications of Disney twenty-three magazine. The primary member determines the identity of the affiliate member and is responsible for providing the affiliate member with the information to activate the affiliate’s membership (“activation information”). The activation information may be used for only one affiliate member per annual term, and no changes to the identity of the affiliate member may be made until after the termination the current affiliate member’s membership at the end of the applicable D23 Gold Membership Duo Plan annual term and the primary member’s renewal of the D23 Gold Membership Duo Plan as described above. The affiliate member will be enrolled in the Program and able to receive membership benefits only after the affiliate member activates the membership and establishes a Disney Account with his or her corresponding profile information. If the affiliate member has an existing Disney Account, the affiliate member will be able to access membership benefits using his or her Disney Account credentials. Because the affiliate’s D23 Gold Membership will terminate at the end of the applicable D23 Gold Duo Plan term, depending on when the affiliate member activates the affiliate’s D23 Gold Membership, the affiliate’s membership may be for a period of less than a full year. No delay, for whaever reason, in the activation of the affiliate member’s membership will extend any D23 Gold Duo Plan term.
Recipients of gift memberships will be enrolled in the Program when the gift membership is redeemed. For recipients of gift memberships, the gift recipient will be able to receive membership benefits only after the gift recipient establishes a Disney Account with his or her corresponding profile information. If the gift recipient has an existing Disney Account, the gift recipient will be able to access D23 Membership benefits using his or her Disney Account credentials.
Disney reserves the right to modify, restrict, suspend, discontinue or cancel the Program and any or all membership benefits at any time, with or without notice. Disney may terminate the Program in whole or in part in any jurisdiction(s) if required to do so by applicable law
Changes in D23 Membership Terms; Notice of Changes
Disney reserves the right to change, limit, modify or cancel these D23 Membership Terms or other conditions of participation in whole or part at any time. Any changes to these D23 Membership Terms will be posted on the D23 Website and will be effective immediately unless stated otherwise. A notice that a change has been made will be placed on the D23 Website for a reasonable period of time. Your continued participation in the Program constitutes your acceptance of any changes to these D23 Membership Terms. You are responsible for periodically checking for any changes that Disney may make to these D23 Membership Terms. The most current version of these D23 Membership Terms will be available on the D23 Website and will supersede all previous versions of these D23 Membership Terms.
In order to keep you apprised of your membership, it is important that Disney send you certain Program information that may include information necessary for Program administration, printed or email marketing materials from Disney that will inform you of special offers and products we believe would be of interest to you, and marketing materials from selected third parties. You can modify your communication preferences by visiting https://d23.com/update-disney-account/. If you have questions regarding your membership, including questions about email opt-outs and email add-backs, please contact Guest Services at GuestRelations@D23.com.
Change of Address and Other Member Information
It is your responsibility to keep Disney informed of any changes to your member information, including your email address. Email communications from D23 will be sent to the email address associated with your membership. Disney shall have no responsibility for misdirected or lost email, mail or merchandise or any consequences thereof, or for membership cards and certificates that may be counterfeit, altered, tampered with, delayed, lost or stolen. If you have questions regarding a change of address or other member information, please contact Guest Services at GuestRelations@D23.com.
D23 Merchandise and Services
From time to time, exclusive merchandise and collectible opportunities may be available for members. Except as otherwise provided at the time of purchase, Disney, and its related companies, parent, subsidiaries, affiliates, agents and suppliers, make no guarantees, warranties or representations of any kind, expressed or implied, with respect to any services or items of merchandise, including but not limited to D23 merchandise, the D23 Expo, D23 Membership cards and certificates, Walt Disney Archives Collection items and the Disney twenty-three publication, and shall not be liable for any loss, expense (including without limitation any legal fees), accident or inconvenience that may arise in connection with the use of such services or items or as a result of any defect or failure of such services or items. TO THE FULLEST EXTENT ALLOWABLE BY LAW, DISNEY, ITS RELATED COMPANIES, PARENT, SUBSIDIARIES, AFFILIATES, AGENTS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Members agree to rely solely on the manufacturer’s warranties, if any, for any merchandise or services purchased, acquired or used in connection with the member’s participation in the Program. Prices are subject to change, and all merchandise is subject to limited availability and may not be available in all countries. Disney reserves the right to restrict, suspend, modify or substitute Program merchandise at any time without notice.
D23 Exclusive Offers and Promotions
From time to time, Disney may issue special offer or promotion codes in Program communications. Unless otherwise reflected in the terms specific to a promotion, these promotions may not be combined with any other offer, including coupons or rebates. Codes are non-transferable and restrictions may apply. Any violation of this policy may result in termination of membership or other remedial action as Disney deems appropriate in its sole discretion. Offer and promotion codes are void if not obtained in accordance with these D23 Membership Terms or any part is counterfeit, altered, defective or tampered with, or irregular in any way. Disney reserves the right to invalidate any codes it suspects have been sold, distributed or purchased outside of the Program. All offers and promotions are subject to all applicable national, federal, state, provincial, municipal, territorial and local laws and regulations.
You may be provided with the ability to use usernames, passwords or other codes or devices (“Access Codes”) to gain access to restricted portions of the D23 Website. The content contained in such restricted areas is proprietary to Disney and is provided to you for your personal use only. Disney reserves the right to prohibit the use of such Access Codes on your behalf by third parties. Disney reserves the right to invalidate any Access Codes it suspects have been sold, distributed or purchased outside of the Program or otherwise misused.
Disney twenty-three Publication
For individual D23 Gold Memberships and D23 Gold Membership Duo Plans, please allow 2 to 3 weeks after activation of your membership for your first issue of the Disney twenty-three publication to arrive by mail. For D23 Gold Membership Duo Plans, the Disney twenty-three publication will be sent to the primary member only. Magazines will be delivered to the member address on file with the Program. Normally, there are 4 issues per year of the Disney twenty-three publication. You may cancel delivery of your Disney twenty-three publication at any time by contacting Guest Services at GuestRelations@D23.com, but doing so will not entitle you to a refund of any part of your membership enrollment fee or to receive any merchandise credit.
Depending on your membership category, as a member, you may be entitled to purchase tickets to, or otherwise participate in, special member-only events or receive discounts on admission to events that are open to non-members. Events and admission prices may change from time to time and may be offered at various times throughout the year. A member’s participation in events may be subject to other additional terms and conditions.
D23 Memberships are non-refundable and there are no credits or refunds for partial year cancellations. After you cancel your membership, your individual D23 Gold Membership or D23 Gold Membership Duo Plan will continue to be active, and you will continue to have access to your individual D23 Gold Membership or D23 Gold Membership Duo Plan (as a primary member or affiliate member) benefits through the current term. Disney reserves the right to terminate a member’s membership for reasons, in each case as may be determined by Disney in its sole discretion, that include but are not limited to: violation by the member of these D23 Membership Terms; misrepresentation of any information or any misuse of this Program by the member; violation of any national, federal, state, provincial, municipal, territorial or local laws or regulations in connection with the member’s use of membership benefits; commission by the member of fraud or abuse involving any portion of this Program; the member’s having more than one membership; or any other action by the member in violation of these D23 Membership Terms or to the detriment of the Program or Disney, its related companies, parents, subsidiaries, affiliates, agents, agencies or suppliers. In addition to termination of a member’s membership, Disney shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. For D23 Gold Membership Duo Plan, if either the primary member’s or affiliate member’s membership is subject to termination by Disney as provided above, both the primary member’s and affiliate member’s membership may be terminated in Disney’s sole discretion.
BINDING ARBITRATION AND CLASS ACTION WAIVER
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Disney will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Disney agree to arbitrate, as provided below, all disputes between you (including any related disputes involving The Walt Disney Company, its subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the D23 Website, membership in the Program or any other purchase or use of any goods or services offered in connection with the Program or these D23 Membership Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Disney empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of the agreement set forth in these D23 Membership Terms is void or voidable.
- In the event of a dispute, you or Disney 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, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Disney, 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal. Disney will send any notice of dispute to you at the contact information we have for you. You and Disney will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or Disney may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
- If you and Disney do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. 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 circumstances prevent you from traveling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area. You and Disney 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, whichever 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 you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Disney) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if Disney did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, Disney will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by Disney to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the D23 Website, the Program, membership in the Program or any other purchase or use of any goods or services offered in connection with the Program or these D23 Membership Terms.
Choice of Forum
These D23 Membership Terms are governed by and construed in accordance with the laws of the State of New York.
You agree that any action at law or equity arising out of or relating to the D23 Website, these D23 Membership Terms, membership in the Program or any other purchase or use of any goods or services offered in connection with the Program that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in either Los Angeles, California or 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 D23 Membership 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.
If any provision of these D23 Membership Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these D23 Membership Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these D23 Membership Terms which by their nature should survive the termination of these D23 Membership Terms shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, and rules regarding dispute resolution.