MARVEL Dimension of Heroes Supplemental Terms of Use (the “MDOH Terms of Use”)

August 22, 2019

Disney Interactive (“we”, “us” “our”) is pleased to introduce you to its software, the MARVEL Dimension of Heroes Application (the “MDOH App”), and its augmented reality content that includes audio and visual works and data (the “Content”). All Content delivered to you through the MDOH App is delivered from Disney Interactive or its authorized service provider (the “Disney Service”). PLEASE READ THESE MDOH TERMS OF USE CAREFULLY BEFORE USING THE MDOH APP, CONTENT AND DISNEY SERVICE.

1. These MDOH Terms of Use. These MDOH Terms of Use are a contract between you and Disney Interactive or one of its related companies (collectively, “Disney”). You must read and agree to these terms before accessing and using the MDOH App, any Updates (defined below in Section 2), the Content and the Disney Service (collectively, the “MDOH Experience”). You agree to these MDOH Terms of Use by your use of any aspect of the MDOH Experience. If you do not agree, you may not access or use the MDOH Experience. These MDOH Terms of Use incorporate The Walt Disney Company Terms of Use (the “TWDC Terms of Use”) and your agreement to these MDOH 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 MDOH Experience, “Disney Services” means the MDOH Experience. If any provision in these MDOH Terms of Use conflicts with any provision in the TWDC Terms of Use, the conflicting provision in these MDOH 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 MDOH Terms of Use at any time, with or without notice, even though such changes may affect your use of the MDOH Experience. If you do not agree to any change to these MDOH Terms of Use, you should discontinue your use of the MDOH Experience. You are solely responsible for remaining knowledgeable as to any changes that we may make to these MDOH Terms of Use.

2. License Grant. Disney grants you a limited, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable license to (i) download, install and use the MDOH App, in each case on a personal, noncommercial use basis, on a Compatible Device (defined below in Section 4) and (ii) download, install and use software that updates the MDOH App (the “Updates” which are deemed part of the MDOH App, as and 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 Disney Service at any time.

3. Content Usage. The performance and depth of detail you may experience along with the duration of continuous play possible will vary depending on the Compatible Device you are using. Compatible Devices with higher performing technical specifications may help maximize your enjoyment of the MDOH Experience.

4. Experience Optimization. To optimize your enjoyment of the MDOH Experience, we suggest that you familiarize yourself with the applicable compatible device requirements (“Compatible Devices”) as well as any descriptions about the optimal environment for the Content that may be displayed in the Product Guide or in the set-up guide in the MDOH App. The MDOH Experience may be difficult to use in direct sunlight or bright lighting conditions.

5. MDOH App and Disney Service Use. Your installation and use of any Updates or modifications to, or replacement versions of, the MDOH 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 MDOH Terms of Use. Disney reserves the right, at its sole discretion, to change, modify, add to, or delete any elements comprising the MDOH Experience. You acknowledge that the Disney Service requires administration from Disney and may be discontinued at any time at the sole discretion of Disney. If Disney plans to discontinue the Disney Service, Disney will give you prior notice of Disney’s intent to end the Disney Service. Accordingly, in the event that Disney changes or discontinues any part of such administration of the MDOH 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 Disney Service or the MDOH Experience, the removal of or disabling access to the MDOH Experience or other materials, or the withdrawal of Content.

6. Age Requirements. Access to the MDOH Experience is not intended for those users who are under 13 years. If you are under the age of 13, your use of the MDOH Experience is unauthorized, unlicensed and in violation of these MDOH Terms of Use. If you are between the ages of 13 and the legal age of majority in the State or jurisdiction in which you reside, your use of the MDOH Experience must be under the supervision of your parent or legal guardian who agrees to be bound by these MDOH Terms of Use.

7. Warnings: Before using the MDOH Experience, please read the health and safety warnings that are accessible by clicking here.

8. Customer Support. For Customer Support assistance regarding the MDOH App only, please click here.

9. Export Restrictions. You acknowledge that the MDOH App and the Content are subject to U.S. export controls and trade sanctions, as well as the related laws in the jurisdiction in which the MDOH App and the Content were obtained.  You agree to comply with all laws that apply to the MDOH App and the Content, including the U.S. Export Administration Regulations and the regulations enforced by the U.S. Department of the Treasury’s, Office of Foreign Assets Control (OFAC), as well as all applicable end-user, end-use, and destination restrictions issued by U.S. and other governments.  In particular, the MDOH App and the Content may not be exported or reexported to any U.S. embargoed country or to anyone included on one of the restricted party lists maintained by the U.S. Government, including OFAC’s Specially Designated Nationals and Blocked Persons List.  Further, by using the MDOH App and Content, you represent and warrant that you are not located in any such embargoed country or included on any such restricted party list.

10. Termination. We may immediately terminate these MDOH Terms of Use with you without notice if you fail to comply with any term of these MDOH Terms of Use. If these MDOH Terms of Use are terminated, you should immediately discontinue use and access of the MDOH Experience.

11. Fees and Internet Connection. You are solely responsible for determining and paying any fees, charges or taxes in connection with your use of the MDOH Experience including, without limitation, those imposed by any cell phone carrier, Internet service provider, carrier or governmental entity.

12. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. THE MDOH 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 MDOH EXPERIENCE, THE CONTENT, AND DISNEY SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISNEY PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE MDOH 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 MDOH 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 (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER PHYSICAL, MENTAL OR DEVELOPMENTAL INJURY OR HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE MDOH 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.