Netflix ToU & PP

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Pantsburgh

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Aug 10, 2012, 6:43:03 AM8/10/12
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Netflix ToU & PP


Netflix also has a DVD Terms & Conditions for DVD subscribers. I read this and there wasn't anything interesting in it – just an explanation of how the DVD service works.


[1] ToU and PP pages are organized and formatted well. Index at the top with links to #anchors down the page. The pages are long, but the index helps alleviate that a lot.


Privacy Policy

https://account.netflix.com/PrivacyPolicy


[2] (not sure if this is bad, maybe just a notification?) Non-personal info can be disclosed in any way. This is the same as Steam.


Non-personal information is information that does not permit direct association with you. We may collect, use, transfer and disclose non-personal information for any purpose.

...

We also provide analysis of our users in the aggregate or otherwise in anonymous form to prospective partners, advertisers and other third parties.


[3] (bad) Personal info used for service, and also for 1st party advertising on behalf of 3rd parties.


We keep track of your interactions with us and collect information related to you and your use of our service, including but not limited to your online activity, title selections, reviews and ratings, payment history and correspondence as well as Internet protocol addresses, device types, unique device data, such as device identifiers, operating systems, any instant watching of movies, TV shows and related activity. We use this information for such purposes as (list of stuff necessary for running the service).

...

From time to time, we may partner with companies whose products we believe will interest our members. In conjunction with these partners, we may send promotional announcements and/or serve web-based advertisements on their behalf, as permitted by law. You can go to the "Manage mailing preferences" link on the "Your Account" page and request that your name be excluded from marketing emails or postal mail.


[4] (bad) Netflix discloses personal info if requested (not court ordered) by law enforcement, with no notifications.


Netflix also reserves the right to disclose personal information if we reasonably believe that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, or enforceable governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, or (d) protect against harm to the rights, property or safety of Netflix, its users or the public as required or permitted by law. In connection with any reorganization, restructuring, merger or sale, or other transferring of assets we reserve the right to transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our privacy policy.


[5] (note) 18 year old requirement.


You must be 18 years of age or older to subscribe to the Netflix service. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian, and subject to our Terms of Use .


[6] (good) Users can request access and deletion of personal info.


With respect to your personal information, you can request access and that we correct or delete this personal information by emailing your request to pri...@netflix.com.


[7] (bad) Cookies required. This is probably more of a functional issue than a privacy issue.


The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If your browser is set to not accept any cookies, you will not be able to use the Netflix service or website.


[8] (bad?) Netflix uses 3rd party advertisers that use tracking cookies to target ads.


We use third-party advertising companies to serve ads. These companies may use information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies click here .


[9] (bad) No liability for improper access to your personal information.


Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your information and cannot assume liability for improper access to it.


[10] (bad) No notifications about policy changes. Agreeing to the PP and ToU also means you agree to any changes in the future.


As we update and expand our services, we may make changes to this policy. You should check back for updates to this policy from time to time. You acknowledge that your assent to the Terms of Use and Privacy Policy subsequent to any changes made following your initial consent as well as, your use of the Netflix website or continued use of our service after our posting of changes to this policy, means that you agree to be bound by such changes. The most current version of this Privacy Policy can be reviewed by visiting our website and clicking on "Privacy Policy" located at the bottom of the pages of the Netflix website. The most current version of the Privacy Policy will supersede all previous versions. We will post prior version(s) on our website when the Privacy Policy is updated. You can see changes from previous versions of the Privacy Policy by visiting our website and clicking here.



Terms of Use

https://account.netflix.com/TermsOfUse


[10] (bad) Notifications about ToU changes not required.


Netflix reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion.


[11] (good) Can cancel at any time.


You may cancel your Netflix membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS.


[12] (bad) Netflix can terminate your account for any reason without notice.


We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.


[13] (bad) Netflix has an unlimited license to user generated content or feedback without attribution. In the context of the service this is not a big deal to me personally. Netflix isn't a place I go to share photos or interact socially.


Netflix is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Netflix service, including the Netflix website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Netflix service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.


[14] (bad) Lawsuit and class action waiver. Arbitration agreement. Survives termination of ToU agreement.


You and Netflix agree that any dispute, claim or controversy arising out of or relating in any way to the Netflix service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Netflix are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Netflix membership.


YOU AND NETFLIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

pune...@gmail.com

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Dec 15, 2014, 10:09:20 AM12/15/14
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I dont see a problem if an alternate legal remedy is provided in the clause, they are not absolutely waiving your right to legal action but are just navigating through other mechanisms to provide legal redressal which actually is appreciated to be a more efficient-cost wise,time wise method of delivering justice. Even the courts have discouraged litigation when alternate remedies exist.

aliksme...@gmail.com

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Aug 8, 2019, 5:50:27 AM8/8/19
to Terms of Service; Didn't Read
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