If you mutually agree to use arbitration then you should use arbitration.

First, I don't see how someone viewing a publicly available stream is an agreement to terms of service. Court cases to back this up ie Netscape.

Second, just because you agree to a contract doesn't mean that contract is consionable, not something that shocks the court.

And it would have to be up to a court to decided just that. Hence you know disney ended up backing out before the court decided. As arbitration can be considered unconscionable.

https://www.newsweek.com/disney-wrongful-death-lawsuit-waive...