D23 Program Terms and Conditions
PLEASE READ CAREFULLY. By enrolling in the D23 Program you agree to the following Terms and Conditions.
The D23 program (''Program'') membership and its benefits are sponsored by and offered at the sole discretion of D23 Worldwide (''Disney''). 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.
New enrollment in the Program is open to U.S. residents only (no corporations or other entities, associations or groups) and is subject to and conditioned upon these Program terms and conditions (''Terms and Conditions''). Membership is open to all ages; however, to purchase or sign up for a membership for yourself or as a gift for another individual (and to purchase any D23 merchandise), you must be at least 18 years old. To enroll in the Program, you must have access to the Internet and a valid email address. Each individual is allowed only one membership. Memberships and membership benefits may not be transferred, offered for resale or used for any commercial purpose. Enrollment in the Program constitutes your full and unconditional agreement to these Terms and Conditions, as they may be amended from time to time by Disney. All questions or disputes regarding eligibility for the Program or a member's compliance with these Terms and Conditions will be resolved by Disney in its sole discretion.
Membership Enrollment Fee & Autorenewal
The membership enrollment fee for the Program is US $99.99/year for Gold or US $129.99/year for Gold Family, plus applicable taxes and shipping fees. A membership includes the benefits listed on the D23 Website (D23.com) at the time of purchase. Beginning August 15, 2018, new and renewing memberships will automatically renew each year until cancelled. When you purchase a D23 Gold or Gold Family membership, you authorize D23 and shopDisney to continue your recurring membership automatically, charged to the payment method provided, until you disable the auto-renew feature on your My Account page accessed through shopDisney.com. You must disable the auto-renewal feature before your next payment date to avoid being charged for another year of D23 Membership. D23 Memberships are non-refundable and there are no credits or refunds for mid-year cancellations. After disabling the auto-renewal feature, your D23 Gold or Gold Family Membership will continue to be active and you will continue to have access to Gold or Gold Family Member benefits through the current term. Membership cards and certificates have no cash value and will not be replaced if lost or stolen. 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. To be considered a Charter Member, you must have maintained your Gold or Gold Family membership continuously in the Program since before December 31, 2009.
Enrollees who are under the age of majority in their country of domicile at the time of enrolling must obtain permission from their parent or legal guardian to enroll and for the collection of their name, address, age and other information for purposes of administering the Program. To 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. Recipients of gift memberships will be enrolled in the Program when the gift membership is purchased. For recipients of gift memberships, the gift recipient will be able to receive membership benefits that are sent by email 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. 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.
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 Program Terms and Conditions; Notice of Changes
Disney reserves the right to change, limit, modify or cancel these Terms and Conditions or other conditions of participation in whole or part at any time. Any changes to these Terms and Conditions 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. Any changes to any printed version of the Terms and Conditions will be contained in the next reprinting of that printed version. Your continued participation in the Program constitutes your acceptance of any changes to these Terms and Conditions. You are responsible for periodically checking for any changes that Disney may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the D23 Website and will supersede all previous versions of these Terms and Conditions.
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. As a member of the Program, you consent to receive all of the kinds of information described above by email, postal mail and other means. However, you will be given the opportunity to opt-out of marketing mailings from selected third parties and from marketing emails from The Walt Disney Family of Companies. Email preferences apply only to the businesses specified in your opt-out instruction and have no effect on preferences you may have previously communicated to any other businesses of The Walt Disney Family of Companies. You will be given the opportunity to opt-out of the D23 member-only e-newsletter, FanFare, upon receipt of each FanFare e-newsletter. 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
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.
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 on shopDisney.com, or from one of The Walt Disney Family of Companies, 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 magazine, 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. 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 Terms and Conditions 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 confidential 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.
Disney twenty-three Magazine
For members within the continental United States, please allow 3 to 4 weeks for your first issue of the Disney twenty-three magazine to arrive by mail. Magazines will be delivered to the member address on file with the Program. The Disney twenty-three magazine is a one-year subscription (4 issues) unless otherwise indicated. Subscription payments and payments for individual issues are non-refundable. You may cancel your Disney twenty-three magazine subscription 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.
As a member, you may be entitled to 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.
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 Terms and Conditions; 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 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.
Limitation on Liability
Disney is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the member, for any human error, for any interruption, deletion, omission, defect or failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the D23 Website or any online service, or for any other technical or non-technical error or malfunction.
As a condition of participating in this Program, you agree that any and all disputes, claims and causes of action arising out of or relating to these Terms and Conditions, the Program, your participation in the Program or any Program events or merchandise obtained through the Program shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts located in the County of Los Angeles, California; any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with enrolling in this Program, but in no event attorneys' fees; and under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DISNEY, ITS RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM OR THE PRODUCTION OR DISTRIBUTION OF PROGRAM MATERIALS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AGENCIES, SUCCESSORS, ASSIGNS AND SERVICE PROVIDERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE PROGRAM, A MEMBER'S PARTICIPATION IN THE PROGRAM OR ANY PROGRAM EVENTS OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM OR ANY PROGRAM EVENTS OR MERCHANDISE OFFERED THROUGH THE PROGRAM IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
This Program is void or participation therein is not permitted where prohibited or restricted by law in the country, state or province of the member's domicile. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of a member and Disney in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules or provisions. The member and Disney agree any action at law or in equity arising out of or relating to these Terms and Conditions, the Program, a member's participation in the Program or any Program events or merchandise offered through the Program shall be filed only in the federal or state courts located in the County of Los Angeles, California, and the member and Disney hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating such action. No waiver of any of the provisions of these Terms and Conditions 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. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.