Subscriber Agreement Archive

Disney+ Subscriber Agreement

Established: October 27, 2021

The Walt Disney Company (Japan) Ltd. ("Disney", "we", "us" or "our") welcome you to the Disney+ Service. The "Disney+ Service" includes the Disney+ website, application and associated content and services.

PLEASE READ THIS SUBSCRIBER AGREEMENT ("SUBSCRIBER AGREEMENT", OR "AGREEMENT") CAREFULLY BEFORE USING THE DISNEY+ SERVICE.

THIS AGREEMENT WILL GOVERN YOUR USE OF THE DISNEY+ SERVICE.

You agree to the Subscriber Agreement by clicking "Agree & Continue" during the Disney+ registration process and ratify your agreement when you use any aspect of the Disney+ Service. If you do not agree to the Subscriber Agreement, you may not use the Disney+ Service. We may amend this Agreement if we deem it reasonably necessary in light of changes in the content of the Disney+ Service, amendments to laws and regulations, changes in social conditions, or any other circumstances. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Disney+ Service in accordance with Article 1(c) of this Subscriber Agreement or in any other manner deemed appropriate by Disney. If you do not agree to any change to the Subscriber Agreement, you must discontinue using the Disney+ Service. Our customer service representatives are not authorized to modify any provision of the Subscriber Agreement, either verbally or in writing.

List of Sections

1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Additional Provisions

1. USER ELIGIBILITY AND REGISTRATION

a. Eligibility and Age Limitations. Only residents of the countries where we offer the Disney+ Service (the "Territory") are eligible to register for a Disney+ account. This Subscriber Agreement governs for residents of Japan. You must be at least 18 years of age. If you are a minor aged 18 or 19, you must obtain the consent of a legal representative, such as a person with parental authority, in order to register for a Disney+ account. Any such minor who registers for a Disney+ account shall be deemed to have obtained the consent of a legal representative. The Disney+ Service is provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not register for a Disney+ account or use the Disney+ Service. Individuals under the age of 13 are not eligible for a Disney+ account and are not permitted to provide personal information to Disney.
b. Registration. Only individuals that have registered for a Disney+ account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use the Disney+ Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Disney+ account. However, if you allow others to access your Disney+ account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Disney of any unauthorized access to your Disney+ account. Disney will not be responsible for any losses arising from the unauthorized use of your Disney+ account.
c. Notices. Any notices Disney delivers to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Disney+ Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

2. SUBSCRIPTION TERMS

a. Subscription and Auto-Renewal. Your subscription to the Disney+ Service includes enrollment into an ongoing/recurring payment plan. Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Disney+ Service. Please check with your Internet provider for information on possible Internet data usage charges.
b. Free Trials. Your Disney+ Service subscription may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial to those who have not previously used one for the Disney+ Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
c. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or free trial. Cancellation will take effect at the end of the current billing period or free trial. To cancel your Disney+ Service subscription, navigate to

www.disneyplus.com/account/cancel-subscriptionand click "Complete Cancellation." If you subscribed via a third party (e.g. an app store such as iTunes, Google Play, or Amazon Store), please visit our Help Center for instructions on how to cancel. Cancellation will only take effect at the end of your current billing period (or end of your free trial), and you will still be able to access Disney+ Service until then. We do not refund or credit for partially used billing periods.
d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within The Walt Disney Company (e.g., Marvel, Pixar, etc.), if you consent to such sharing during the purchase process. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Disney+ Service. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Disney+ Service subscription.
e. Subscriptions Obtained Through Third Parties. If you obtain a Disney+ Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party's terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable third party's terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Disney+ Service will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Disney+ Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our Help Center for instructions on how to cancel a Disney+ Service subscription obtained via a third party.
f. Bundled Subscription Options. We may offer a Disney+ Service subscription bundled with other subscription services, including subscriptions to third-party products and services, e.g., a wireless plan. Notice of the terms of the bundled subscription options will be provided to you at the time you register. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.

3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS

a. License. Within the Territory and subject to the terms and conditions in this Subscriber Agreement, Disney grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
i. Install and make non-commercial, personal use of the Disney+ Service; and
ii. stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the "Disney+ Content") that are available to you from the Disney+ Service.

This is a license agreement and not an agreement for sale or assignment of any rights in the Disney+ Content or the Disney+ Service. The purchase of a license to stream or temporarily download any Disney+ Content does not create an ownership interest in the Disney+ Content. Such Disney+ Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Disney+ Content, are owned by The Walt Disney Company, its affiliates and/or other licensors, and is protected by the copyright laws of Japan, as well as other intellectual property laws and treaties.

b. Restrictions on Your Use of the Disney+ Content. You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney+ Service to control access to the Disney+ Content;
ii. copy the Disney+ Content (except as expressly permitted by this Subscriber Agreement);
iii. rebroadcast, transmit or perform the Disney+ Content available via the Disney+ Service;
iv. create derivative works of the Disney+ Content; or
v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Disney+ Service. You agree that as a condition of your license, you may not and agree not to:
i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Disney+ Service and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);
ii. modify the Disney+ Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Disney+ Content or the Disney+ Service;
iii. access or use the Disney+ Service in a manner that suggests an association with our products, services or brands;
iv. use the Disney+ Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.) or build a business utilizing the Disney+ Content or Disney+ Service, whether or not for profit;
v. create derivative works of any Disney owned components of the Disney+ Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Disney+ Service;
vii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Disney+ Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
viii. damage, disable, overburden or impair the Disney+ Service;
ix. use the Disney+ Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;
x. share your login credentials with third parties; or
xi. otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Disney and the copyright holder.

4. USAGE TERMS

a. Disney+ Compatible Devices. Use of the Disney+ Service requires compatible devices, and certain software may require periodic updates, and your use of the Disney+ Service may be affected by the performance of these elements. You can access Disney+ Content with almost any Internet-connected computer or through the Disney+ application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Center. You can add a Compatible Device to your Disney+ account by downloading the Disney+ application to the Compatible Device and by signing into your Disney+ account through the application.

b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Disney+ Service.

c. Streaming Disney+ Content. Disney+ Content can be streamed through the Disney+ Service over an active Internet connection. Up to four (4) concurrent streams are allowed for each Disney+ account at any time. The number of concurrent streams available for use may change from time to time at our discretion.

d. Downloading Disney+ Content. Disney+ Content may be available for temporary download for offline viewing on certain Compatible Devices. Downloads are limited to a maximum of ten (10) Compatible Devices for the Disney+ Service. You will not be permitted to download to an additional device once the maximum of ten (10) Compatible Devices has been reached for that service. You must connect your Compatible Device to the Internet and access the Disney+ Service at least once every thirty (30) days for your downloaded Disney+ Content to remain available for offline viewing. The length of time that certain temporary downloads remain available to you for offline viewing may change from time to time at our discretion.

e. Profiles. Disney+ offers the option to personalize use of the Disney+ Service through the creation of one or more profiles under one account. You may designate a profile as a Kid profile, which will restrict viewing of certain Disney+ Content from within that profile. Please visit our Help Center if you would like more information about Kid profiles.

f. Disney+ Content Availability. Certain Disney+ Content available through the Disney+ Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Disney+ Service, and we may use different technologies and methods to verify your geographic location.

g. Future Unavailability. It is possible that the Disney+ Service, and/or some or all Disney+ Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. Disney will take reasonable efforts to provide you with as much prior notice as possible; however, Disney shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Disney+ Service. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Disney+ Service, although if you are a subscriber and we suspend or discontinue your subscription to the Disney+ Service, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Disney+ Service due to your violation of the Subscriber Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.

h. Promotional and Experimental Features. In our continued assessment of the Disney+ Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Disney+ Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Disney+ shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.

5. USE AND SHARING OF CERTAIN INFORMATION

For more information about our collection, use, and sharing of your information please refer to our PRIVACY POLICY, which is incorporated herein by this reference.

Disney reserves the right to, and you agree that Disney may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.

6. SUSPENSION AND TERMINATION

You agree that Disney may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Disney+ Service, and to any Disney+ Content if Disney believes you are using or have used the Disney+ Service in violation of the Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Disney may restrict or suspend your access to your Disney+ account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Disney reasonably believes that your Disney+ account has been created fraudulently, your Disney+ account has been accessed fraudulently, or anyone uses your Disney+ account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Disney also reserve the right, after notice to you, to terminate any Disney+ account that remains inactive for one year (failure to log in to your Disney+ account will constitute inactivity for purposes of this Agreement).

You agree that Disney will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to Disney+ Service, Disney+ Content or your Disney+ account.

UPON TERMINATION OF YOUR DISNEY+ SERVICE, WHETHER TERMINATED BY DISNEY, OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS STREAMED CONTENT THROUGH THE DISNEY+ SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW DISNEY+ CONTENT DOWNLOADED WITHIN THE DISNEY+ SERVICE.

7. ADDITIONAL PROVISIONS

a. You understand and agree that the Disney+ Content you receive through the Disney+ Service is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

b. Content Subjectivity. Disney+ Content tends to elicit varying reactions among different people. You may come across Disney+ Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Disney+ Content is appropriate for your family.

c. Photosensitivities. Disney+ Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation which may also affect users.

d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD quality is available for certain Disney+ Content and 4K Ultra HD quality is available for certain Disney+ Content. That said, the playback quality of Disney+ Content, including resolution, may be affected by the format of the Disney+ Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Disney+ Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Disney+ Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Disney+ Content in these respects.

e. Third-Party Services and Content. The Disney+ Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Disney+ Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Disney+ Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.

f. Mobile Networks. When you access the Disney+ Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Disney+ Service may be prohibited or restricted by your network provider and the Disney+ Service may not work with your network provider or device.

g. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Disney does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

h. Contact Information.
You may contact Disney+ as follows:
by phone at: 0120-23-8872

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DISNEY PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF THE DISNEY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE DISNEY+ CONTENT OR THE DISNEY+ SERVICE, HOWEVER CAUSED, NOR SHALL THE DISNEY PARTIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE DISNEY PARTIES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE DISNEY PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (U.S. $1,000). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) EVEN IF THE DISNEY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

i. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE DISNEY+ CONTENT AS WELL AS THE DISNEY+ SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DISNEY, AND OUR AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "DISNEY PARTIES") EACH EXPRESSLY DISCLAIMS 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 DISNEY+ CONTENT AND THE DISNEY+ SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISNEY PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE DISNEY+ CONTENT AND THE DISNEY+ SERVICE 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 DISNEY+ CONTENT AND THE DISNEY+ SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE DISCLAIMERS OF WARRANTY AND/OR LIABILITY LIMITATION SHALL NOT APPLY TO CASES BASED ON THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF DISNEY PARTIES.

j. Choice of Forum. You agree that the Tokyo District Court shall have exclusive jurisdiction for the first instance over any action arising out of or relating to this Agreement.

k. Choice of Law. This Agreement is governed by and construed in accordance with the laws of Japan.

l. Prevailing Language. The Disney+ Subscriber Agreement may also be available to you in Japanese language. You acknowledge and agree that in the event of discrepancy between the Japanese version and the English version, the Japanese version shall prevail. You also acknowledge and agree that if any future amendments or communications are sent by the Disney+ Service in a different language as selected by you, those future amendments and communications shall be valid and in the case of amendments, shall be effective in law.

m. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

n. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

o. Entire Agreement. This Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Disney pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.