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Disney: Man cannot sue over wife’s death because streaming terms of use apply
Massachusetts

Disney: Man cannot sue over wife’s death because streaming terms of use apply

What does temporarily subscribing to an overpriced streaming service have to do with a tragic and preventable death? Like many other companies, Disney makes digital terms of service available via “clickwrap,” a box of dense legalese that everyone presses “AGREE” on without actually reading it. And to sign up for Disney+, Piccolo had to select “Agree and Continue” on a subscriber agreement that states in all caps that “any dispute” between Disney and the consumer “must be resolved through individual binding arbitration”—a form of out-of-court dispute resolution that notoriously And consistently favors businesses over regular people. The Subscriber Agreement also links to a separate Terms of Service document that also states that “all disputes” must be resolved through individual arbitration.

And when Piccolo bought Epcot tickets in September 2023, he reportedly agreed another Set of terms and conditions that apply to ticket holders – terms that are “in addition to, and not in lieu of, the Disney Terms of Use.” These Epcot tickets were never used; the restaurant where Tangsuan and Piccolo ate is open to the public and she died two days before her scheduled visit to the theme park itself.

In May, Disney filed a lawsuit citing these terms of use. Application for compulsory arbitrationon the grounds that “Piccolo cannot credibly deny that a valid arbitration agreement exists,” and that his acceptance of the Terms of Service means he cannot go to court. In other words, according to Disney’s lawyers, streaming some episodes of The Mandalorian means that you agreed to give up your right to sue Disney if Disney kills your wife four years later.

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