17. Netflix.com

As of 11.11.17 you can "cancell" any time you disagree with the "Trems of Use." See? You aren't the only one not looking at these pages.

Netflix

Netflix has helped revolutionize the entertainment industry and is the highest ranked entity on this list that requires you to pay for access to all parts of their services. The services are governed by the Terms of Use and Privacy Statement. Netflix has included an arbitration provision as well as a section on third-party applications that interact with their service. These applications reportedly may gain access to your data from Netflix. Despite describing what seems to be an integrated relationship, Netflix then disclaims any association with these third-parties. Looking at both policies, it seems they are referring to plugins like Facebook, Twitter, or other social media services use that facilitate sharing your viewing preferences and habits on their platform, but the provision is not limited to those plugins alone.

Representations, Warranties, and Limitations on Liability

 

  • "THE NETFLIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE NETFLIX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NETFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NETFLIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NETFLIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, NETFLIX READY DEVICES, AND NETFLIX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

  • TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL NETFLIX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

  • NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect."

Indemnification

 

As of the 8.1.2017 version, the agreement does not contain a specific indemnification provision.

Key Definitions

  • "Netflix service"- the service provided by Netflix for discovering and watching Netflix content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

Sharing Agreements

 

We disclose your information for certain purposes and to third parties, as described below:

  • The Netflix family of companies: We share your information among the Netflix family of companies (https://help.netflix.com/support/2101) as needed for: data processing and storage; providing you with access to our services; providing customer support; making decisions about service improvements, content development; and for other purposes described in the Use of Information section of this Privacy Statement.

  • Service Providers: We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services.

  • Promotional offers: We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.

  • Protection of Netflix and others: Netflix and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or 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 (including payment fraud), 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.

  • Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will 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 Statement.

Whenever in the course of sharing information we transfer personal information to countries outside of the European Economic Area and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Statement and as permitted by the applicable laws on data protection.

You may also choose to disclose your information in the following ways:

  • While using the Netflix service you will have opportunities to post reviews or other information publicly, and third parties could use the information you disclose;

  • Certain portions of our service may contain a tool which gives you the option to share information by email, text message and social or other sharing applications, using the clients and applications on your smart device;

  • Social plugins (including those offered by Facebook, Twitter, Pinterest, and Google) allow you to share information on those platforms.

Social plugins and social applications are operated by the social network themselves, and are subject to their terms of use and privacy policies.

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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.