Clownfish TV: Audio Edition
Disney Plus TOS Says You CAN’T Sue Disney for Anything?!
Bad news. If you agree to the Terms of Service for Disney Plus, you might be signing away your right to sue Disney for ANYTHING in the future. Disney is trying to argue that because the husband of the woman who died from food allergies last year had a Disney Plus TRIAL subscription, he can’t sue Disney for damages. No, we’re not joking. ➡️ Tip Jar and Fan Support: http://ClownfishSupport.com ➡️ Official Merch Store: http://ShopClownfish.com ➡️ Official Website: http://ClownfishTV.com ➡️ Audio Edition: https://open.spotify.com/show/6qJc5C6OkQkaZnGCeuVOD1 Disney’s terms of service for Disney Plus and the My Disney Experience app prevent users from suing the company for any reason, including injury or death, and this could set a precedent for other companies to do the same. 00:00 Disney Plus TOS waives your right to sue Disney for anything, including injury or death on their property, as seen in the case of a woman with severe allergies who died after being assured her meal was allergen-free. 01:47 Disney is trying to avoid lawsuits by arguing that users waive their right to sue when signing up for Disney Plus and using the My Disney Experience app, expecting visitors to have a cell phone for their trip. 03:37 Disney’s terms of service prevent customers from suing the company for any reason, requiring arbitration for legal disputes and limiting the right to a jury trial. 06:02 Disney Plus subscribers cannot sue Disney, making it difficult to fight back against the company’s powerful lawyers and sneaky tactics in court. 07:41 Disney’s terms of service may prevent users from suing the company, which could set a precedent for other companies to do the same. 08:41 Disney’s terms of service prevent you from suing them for anything, even if it’s their fault. 10:02 Disney Plus terms of service are deliberately vague and complex to keep all options open and people need to pay attention to them. 11:10 Disney’s terms of service prevent users from suing them, and there needs to be more oversight to protect consumers from unknowingly signing away their rights. About Us: Clownfish TV is an independent, opinionated news and commentary channel that covers Entertainment and Tech from a consumer’s point of view. We talk about Gaming, Comics, Anime, TV, Movies, Animation and more. Hosted by Kneon and Geeky Sparkles. Disclaimer: This series is produced by Clownfish Studios and WebReef Media, and is part of ClownfishTV.com. Opinions expressed by our contributors do not necessarily reflect the views of our guests, affiliates, sponsors, or advertisers. ClownfishTV.com is an unofficial news source and has no connection to any company that we may cover. This channel and website and the content made available through this site are for educational, entertainment and informational purposes only. These so-called “fair uses” are permitted even if the use of the work would otherwise be infringing. #Disney #DisneyPlus #Streaming #News #Commentary #Reaction #Podcast #Comedy #Entertainment #Hollywood #PopCulture #Tech
Hey guys, this is the audio edition of clownfish TV. If you guys are unfamiliar with clownfish TV, please check out the video versions of these episodes on the clownfish TV YouTube channel and also on the clownfish gaming YouTube channel. Please subscribe for more podcast. Check out D-Res, that's our other podcast. The episode will begin in a couple of seconds. Thanks for listening. (upbeat music) - Hey guys, welcome back to clownfish TV. This is neon, I am here with Geeky Sparkles. - Hello. - And could you be signing away your rights to sue Disney for anything if you sign up for Disney Plus? We're gonna talk about that because Disney is trying to argue that the family of a woman who died in a restaurant on Disney property cannot sue them they have to go to arbitration because they agreed to the fine print in signing up for Disney Plus. - I wish we were kidding. - I wish we were kidding, this is wild and I can't believe this actually gotten to this point for a number of reasons, but we're gonna talk about this before we get into it any further, please subscribe for more pop culture, news, views and rans guys. You'll get woo-hoo if you do. So we're gonna walk it back here several months. - Last year, a woman died on Disney property in Disney Springs at a restaurant in Irish pub called Raglan Road. She was a doctor, so she knew what she was talking about. She had severe nut allergies and dairy allergies and she asked for an allergen free menu item. - Yes, she repeatedly asked to make sure that they would be prepared, they would be 100% sure that they would not have any cross contamination, all that stuff and they, oh yes, yes, we can totally do that, no problem. - Yeah, which they do do on Disney property. Actually, that's I think a mandate 'cause I know that they always have vegan and allergy free options, right? And gluten free options too. So the food came out and I guess it did not have the allergen free flag in it, so they asked again. They said, are there any nuts in this? Dairy, no, no, no, no, no. Well, long story short, they went shopping less than an hour later, she was dying. And then in February, I guess the husband filed a suit against Disney and the owners of Ragland Road. Now, they're actually in Ireland. So I thought this was, we'll talk about this a little bit. I thought this was kind of weird because normally you would think that the landlord would not be responsible for a death that occurred on property if it was an accident like this where somebody was given the wrong food or whatever, but somehow Disney is getting dragged into it and I don't know the specifics of why Disney is getting dragged into it. - There might be some reason that there's a legit reason. - Possible. Yeah, so anyway, so there's a lawsuit. Well, now Disney's trying to get out of it and their lawyer is arguing that because the husband signed up for it, it wasn't even a full of subscription, it was a trial of Disney Plus. He signed up for a trial for Disney Plus that he waived his right to a lawsuit and they would have to go to Disney's arbitrator, which we know how that's gonna go. - Yes, and they also, I guess they bring up too that 'cause they were on a trip and their tickets were linked to the My Disney Experience app that when you use that too, apparently, it also waves your rights to go after them unless you use arbitration and there, go through their requirements to do so. But you need My Disney Experience app. Most people need it for the trip. They try to say you don't, but you really, really do. - You can't do Disney without a cellphone anymore. It used to be, even 10 years ago, when they started linking the magic bands and everything and linking the tickets to the app, you're expected to have a cellphone. Most people do have a cellphone now, some people don't, but like the days of paper tickets and just like showing up, they're long gone. But yeah, so we're gonna give a head tip to Gabriel Rouson from Florida politics who covered his. And apparently she's the one that broke the story on the death in the first place, but this is wild because normally Disney would just throw money at the family to shut up and not talk about it because it's gonna be cheaper than the potential lost bands. - Well, that's what they're trying to do with the arbitration is they're trying to keep it under the rug and make it like, okay, well arbitrate amount, here you go. I love it, the lawsuit, the person filing it from Disney, and a May 31st court filing or a circuit court said that it should further negation only generate needless expensive waste, judicial resources. - Disney has never seemed to give a flying fart about wasting judicial resources and expenses. We have that whole situation in Florida with the central Florida Torah was an oversight district by both sides. With that long drawn out, was it more, it was a little more than a year or about a year. - Oh yeah, yeah. - And that whole thing 'cause Disney had done some underhand and questionable things and their lawyers had signed on other people's names and things allegedly to try to change it so that the new group coming in couldn't do what they needed to do. And then they sued Disney and Disney sued them. They sure as hell had no problem wasting judicial resources then. - Yeah, so it's, I mean, Disney they will use whatever trick they can use to get out of paying. And yeah, this is the attorney for the family. He said that Disney is attempting to rob my client of his right to a jury trial in part because he signed up for a trial period of Disney plus several years ago, which expired. We're in the process of preparing a legal and factual response to this novel motion and we'll fight it vigorously. And they've been pulled in some other theme park personalities, commentators. - They brought him on Testa, which Testa, yeah, who's, he's been doing this for a very long time. And he's like, yeah, you would not think signing up for a streaming service would impact your right in a restaurant in Orlando. Nobody would think that. - No, nobody would think that. If you're using it, you know, something happened to be blessed to watch Star Wars, why you would, I don't know. But if you sign up to watch that horrible show, you might be signing your rights away to have, you know, a court case and, you know, if something happens to you, if you did visit something down in Disney and you got injured. It's absolutely ridiculous. - Yeah, so the fine print of the contract, according to Disney, says Disney Plus subscriber can't have a dispute heard as a class action or private attorney general action. No arbitration or proceeding can be combined with another, without the prior written consent of all parties to the arbitration or proceedings. And usually a major corporation like this, they're gonna have the arbitrator in their back pocket. - Not always, but yeah. - Usually they-- - Sometimes, yes, sometimes yes. And they also will determine, like, a lot of times when you're signing it, they didn't put the rest of the information. It'll say that it has to be done in this certain place and this certain court, which is convenient for them. So, like, if you live on one side of the country and they're gonna demand that you have to go there for arbitration, that they're expecting you to fly out and put the expense for arbitration, and they do it to try to dissuade you from fighting back. - Yeah, and that's kind of a Disney way, right? Disney's primary tactic is to stall things out in court or to make it a lot more appealing to just take a settlement than to go to court with them. Because they do have, I'm gonna be honest, they have some of the best lawyers on the planet. They do. - And trust me, no matter how much family-friendly stuff they try to give off, they have no problem playing skeezy, playing dirty, and being absolute, you know, bottom feeders when they need to be. - Yeah, yeah, Mickey is a dirty rat sometimes, but yeah, they have all kinds of tricks that they use in court. And again, look at what happened, you know, with really Creek and the fine print and with the, you know, the last descendant of King Charles and whatever all stuff. I mean, that's very normal. That's a very normal Disney thing to do. - They're catty bitches. So this though is wild because if there is a precedent set, then that means anybody who has ever signed up for even a trial of Disney Plus at any point in time could be waving their right to sue Disney. - Well, the same for other companies. If you, a lot of them probably had the something similar on their fine print that you're waving by green to use this, you don't, you can't take us to court or start a class action lawsuit. They tried this, I think, with the annual past in California and then they still got settlements on the magic key debacle. But a lot of companies will try to do this too if this goes through. I don't see how this could possibly be holed up. It's like signing up for Disney Plus. And really, it's something I think is concerning too. And it annoys me because Disney has been using your, my Disney experience app data. They use your genie plus data. They use your Disney Plus data. And they flat out, tell you that they do this so that they can, you know, craft things for you which means make sure you pay them or money and sell you more shit. And they're allowed to use all your data for that. But you're not allowed to do anything to them if even if it's something is their fault. You go to Disney Park and you're injured and it's not your fault, it's their fault. Well, you agreed to arbitration. But we have all your data too. So they're mining your data, telling you they're doing so. But you're also waving any right to go after them for anything. How, this is like the most Disney deal ever. - The most Disney deal ever. - But someone shows you who they are, believe them. - Yeah, this is how they are. This is how they've been for decades. I mean, at least since the Eisner era, I mean, it's gotten a lot worse under Eiger. But Disney is one of the most, when it comes to legal action, they're one of the most litigious companies out there. And this is wild though. I mean, again, this does set a huge precedent if it goes through. I mean, I think they're just trying to stall for time or find any loophole they can find. But yeah, you might not be able to sue them for anything. I'm worried like, is it gonna come down to attractions? If somebody gets killed, God forbid, on an attraction. And it's not because they had a heart attack and they decided to ride the scariest coasters or something like that. But it was like, hey, the maintenance wasn't up to snuff. And some bolts fell out and the thing exploded or something, God forbid. You can't sue us though, 'cause you had a trial for Disney Plus four years ago. - Yes, it's ridiculous. - Because you wanted to watch the main award again. - We can still keep taking your data. - Yeah, yeah. - Yeah, well, that's it. You're signing up for that. And you need to pay attention to the terms of service. I mean, we weren't covering the Adobe situation and people don't pay attention to terms of service. - They also are very nebulous often and they're very worded in ways that are hard to understand are unclear. And they do that on purpose. - Yeah, so a lot of contracts. I mean, we've actually been giving contracts before, for entertainment stuff. And it's deliberately obtuse and deliberately nebulous because then they could say, well, depending on the judge or the situation, we can read it a number of different ways. And they do that. And they basically want to keep all their options open. It's the same with the Adobe and it's the same with Apple. I mean, somebody did a comic strip years ago. I remember where they took the Apple terms of service and this was seven or eight years ago and they drew it as a comic. And it wanted to be in like a friggin' 60 page manifesto of this is all the rights you're giving away just by using an iPhone. And people aren't paying attention. But this is a new, I mean, it's a new low even for Disney. - Yeah, but young people aren't paying attention. There need to be more oversight into these contracts. I think by the government or whoever to make sure that watchdog groups to make sure people aren't unknowingly signing over things that they shouldn't because most people can't read that whole terms of service. And like I said, a lot of nebulous and you might seem like it's fine to you and a lawyer might look at that and be like, "Oh hell no." But you're not gonna know that for the normal lay person. And I think that they need to be watching these contracts for consumer advocacy much, much more to make sure people aren't inadvertently getting screwed by corporations. - Yeah, so we're gonna wrap this up. - Yes. - There we go guys, read what you sign. We'll talk to you later. - Bye. (upbeat music) - Thanks again for listening. More news and videos are available on our website at www.clownfishtv.com and on our YouTube channel ClownfishTV. You can buy official merchandise, clownfish comic books and more at shopclownfish.com. 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