In late April, Disney, owner of the Star Wars franchise, announced via Twitter that we should all celebrate May 4th as “Star Wars Day” by tweeting our favorite Star Wars memories using #maythe4th — with tweets powered by Disney Legal (emphasis added):
Celebrate the Saga! Reply with your favorite #StarWars memory and you may see it somewhere special on #MayThe4th.
By sharing your message with us using #MayThe4th, you agree to our use of the message and your account name in all media and our terms of use here: http://disneytermsofuse.com.
However, a few hours later, Disney Legal must have determined that mere use of a generic hashtag may not be sufficient to secure binding contractual assent, so they issued this supplemental addendum to the earlier “legal language”:
The above legal language applies ONLY to replies to this tweet using #MayThe4th and mentioning @DisneyPlus. These replies may appear in something special on May the 4th!
As this observer notes about the Disney terms (emphasis added):
Among other things, you agree to assign copyright to some of your materials to the Mouse, you agree to be bound by the laws of the State of New York, and to arbitrate any disputes between you and Disney—now and in the future. You agree to waive your right to seek any class action remedies as well. You agree that anything not covered by arbitration will be litigated either in Los Angeles or New York (not sure who chooses which coast). You agree that, no matter what Disney does or the harm it causes to you, their total liability to you cannot exceed a thousand bucks. You agree to receive “texts, calls or prerecorded messages [that] may be generated by automatic telephone dialing systems.” … [Y]ou contractually give up the rights to make “fair use” of ANY Disney product (such as singing the song from “Frozen” at your daughter’s birthday party), or to make any copy of a Disney product unless expressly permitted by Disney to do so …. You agree not to “interfere with any person or entity’s use or enjoyment of any Disney Product” including those of your kids. So no more taking toys away from your toddler under pain of mandatory arbitration in Los Angeles!
What would happen if the reply tweet dutifully contains the hashtag #Maythe4th and @DisneyPlus, as purportedly required to agree to the Disney terms, but also says, “Here’s my favorite Star Wars memory (but BTW I don’t agree to the Disney terms) …”?