| April 18, 2026 07:46 UTC | April 19, 2026 06:03 UTC | ||||
|---|---|---|---|---|---|
| 5 | Back to Help Home | 5 | Back to Help Home | ||
| 6 | 6 | ||||
| 7 | Netflix Terms of Use | 7 | Netflix Terms of Use | ||
| n | 8 | Welcome to Netflix! Netflix provides a service that allows users to access enter | n | 8 | Welcome to Netflix! Netflix provides a service that allows users to access enter |
| > | tainment content (“Netflix content”) over the Internet on certain Internet-conne | > | tainment content ("Netflix content") over the Internet on certain Internet-conne | ||
| > | cted TVs, computers and other devices ("Netflix supported devices"). | > | cted TV's, computers and other devices ("Netflix supported devices"). | ||
| 9 | These Terms of Use govern your use of our service. As used in these Terms of Use | 9 | The Netflix service is provided to you by Netflix, Inc. You have accepted these | ||
| > | , "Netflix service", "our service" or "the service" means the service provided b | > | Terms of Use, which govern your use of our service. As used in these Terms of Us | ||
| > | y Netflix for discovering and accessing Netflix content. This includes all perso | > | e, "Netflix service", "our service" or "the service" means the service provided | ||
| > | nalization, features and functionalities, recommendations and reviews, our websi | > | by Netflix for discovering and accessing Netflix content. This includes all pers | ||
| > | tes, applications and user interfaces, as well as all content and software assoc | > | onalization, features and functionalities, recommendations and reviews, our webs | ||
| > | iated with our service. | > | ites, applications and user interfaces, as well as all content and software asso | ||
| > | ciated with our service. | ||||
| 10 | THESE TERMS OF USE REQUIRE YOU TO RESOLVE MOST DISPUTES WITH NETFLIX IN ARBITRAT | ||||
| > | ION, NOT IN COURT, UNLESS YOU EXERCISE YOUR TIME-LIMITED RIGHT TO OPT OUT OF THA | ||||
| > | T REQUIREMENT. THIS MEANS THAT YOU WILL NOT BE ABLE TO HAVE A JUDGE OR JURY DECI | ||||
| > | DE THE DISPUTE. SEE SECTION 6 BELOW FOR FULL DETAILS. | ||||
| 10 | 1. The Netflix Service | 11 | 1. The Netflix Service | ||
| n | 11 | 1.1. Access to the Netflix Service. To use the Netflix service you must have Int | n | 12 | 1.1. Access to the Netflix Service. To use the Netflix service you must have Int |
| > | ernet access and a Netflix supported device. Some features, content, or offering | > | ernet access and a Netflix supported device. Some features, content, or offering | ||
| > | s may be available at no cost and may be accessed without creating an account or | > | s may be available at no cost and may be accessed without creating an account or | ||
| > | providing a Payment Method, while other options require you to create a Netflix | > | providing a Payment Method, while other options require you to create a Netflix | ||
| > | account or purchase a subscription, subject to the subscription terms outlined | > | account or purchase a subscription, subject to the subscription terms outlined | ||
| > | below. You may also be able to use the Netflix service as a profile user under a | > | below. You may also be able to use the Netflix service as a profile user under a | ||
| > | n Account Owner’s subscription, provided you are part of the same household, or, | > | n Account Owner’s subscription, provided you are part of the same household, or | ||
| > | in countries where this feature is available, as an Extra Member if you do not | > | as an Extra Member if you do not live in the same household as the Account Owner | ||
| > | live in the same household as the Account Owner. As used in these Terms, “Accoun | > | . As used in these Terms, “Account Owner” means the user who created the Netflix | ||
| > | t Owner” means the user who created the Netflix account and whose Payment Method | > | account and whose Payment Method is charged for the subscription. | ||
| > | is charged for the subscription. | ||||
| 12 | 1.2. Age Limitation. You must be at least 18 years of age, or the age of majorit | 13 | 1.2. Age Limitation. You must be at least 18 years of age to create a Netflix ac | ||
| > | y in your province, territory or country, to create a Netflix account or, where | > | count or to become an Extra Member. Minors may only use the service under the su | ||
| > | available, to become an Extra Member. Minors may only use the service under the | > | pervision of an adult. | ||
| > | supervision of an adult. | ||||
| 13 | 1.3. Offers. We may from time to time provide special promotional offers (such a | 14 | 1.3. Offers. We may from time to time provide special promotional offers (such a | ||
| > | s sweepstakes, discounts and other incentives), plans or subscriptions (“Offers” | > | s sweepstakes, discounts and other incentives), plans or subscriptions (“Offers” | ||
| > | ). Offer eligibility is determined by Netflix at its sole discretion and we rese | > | ). Offer eligibility is determined by Netflix at its sole discretion and we rese | ||
| > | rve the right to revoke an Offer and put your account on hold in the event that | > | rve the right to revoke an Offer and put your account on hold in the event that | ||
| > | we determine you are not eligible. Members of households with an existing or rec | > | we determine you are not eligible. Members of households with an existing or rec | ||
| > | ent Netflix account may not be eligible for certain introductory Offers. We may | > | ent Netflix account may not be eligible for certain introductory Offers. We may | ||
| > | use information such as device ID, method of payment or your contact information | > | use information such as device ID, method of payment or your contact information | ||
| > | to determine Offer eligibility. The eligibility requirements and other limitati | > | to determine Offer eligibility. The eligibility requirements and other limitati | ||
| > | ons and conditions will be disclosed when you sign-up for the Offer or in other | > | ons and conditions will be disclosed when you sign-up for the Offer or in other | ||
| > | communications made available to you. | > | communications made available to you. | ||
| n | 14 | 1.4. Account Sharing. The Netflix service and any content accessed through it ar | n | 15 | 1.4. Account Sharing. The Netflix service and any content accessed through it ar |
| > | e for your personal,non-commercial use only and may not be shared with anyone ou | > | e for your personal, non-commercial use only and may not be shared with anyone o | ||
| > | tside of your household, unless, in countries where this feature is available, y | > | utside of your household unless you purchased an Extra Member account. | ||
| > | ou purchased an Extra Member Account. | ||||
| 15 | 1.5. Access Limitations. You may access the Netflix content primarily within the | 16 | 1.5. Access Limitations. You may access Netflix content primarily within the cou | ||
| > | country in which you have established your account and only in geographic locat | > | ntry in which you have established your account and only in geographic locations | ||
| > | ions where we offer our service and have licensed such content. The content that | > | where we offer your subscription plan and have licensed such content. The conte | ||
| > | may be available will vary by geographic location, may be limited by law or by | > | nt that may be available will vary by geographic location, may be limited by law | ||
| > | the rights that our third-party content providers grant to us, and will change f | > | or by the rights that our third-party content providers grant to us, and will c | ||
| > | rom time to time. The number of devices on which you may simultaneously watch de | > | hange from time to time. Not all Netflix content may be available in the ad supp | ||
| > | pends on your chosen subscription plan and is specified on the "Account" page. | > | orted subscription plan. The number of devices on which you may simultaneously w | ||
| > | atch depends on your chosen subscription plan and is specified on the "Account" | ||||
| > | page. | ||||
| 16 | 1.6. Availability and Testing. The Netflix service, including the Netflix conten | 17 | 1.6. Availability and Testing. The Netflix service, including the Netflix conten | ||
| > | t, is regularly updated. As a result, we do not guarantee that particular conten | > | t, is regularly updated. As a result, we do not guarantee that particular conten | ||
| > | t will be available on the Netflix service at any given time. While we strive to | > | t will be available on the Netflix service at any given time. While we strive to | ||
| > | provide a consistent and high-quality experience, some content or features may | > | provide a consistent and high-quality experience, some content or features may | ||
| > | be temporarily unavailable due to demand, technical constraints, or system maint | > | be temporarily unavailable due to demand, technical constraints, or system maint | ||
| > | enance. In addition, we continually test various aspects of our service, includi | > | enance. In addition, we continually test various aspects of our service, includi | ||
| > | ng our websites, user interfaces and promotional features. You can turn off test | > | ng our websites, user interfaces and promotional features. You can turn off test | ||
| > | participation at any time by visiting the "Account" page and changing the "Test | > | participation at any time by visiting the "Account" page and changing the "Test | ||
| > | participation" settings. | > | participation" settings. | ||
| n | 17 | 1.7. Downloading Content. Depending on the subscription plan, some Netflix conte | n | 18 | 1.7. Downloading Content. Depending on the subscription plan, some Netflix conte |
| > | nt may be available for temporary download and offline viewing on certain suppor | > | nt may be available for temporary download and offline viewing on certain suppor | ||
| > | ted devices (“Offline Titles”). Limitations apply, including restrictions on the | > | ted devices ("Offline Titles"). Limitations apply, including restrictions on the | ||
| > | number of Offline Titles per account, the maximum number of devices that can co | > | number of Offline Titles per account, the maximum number of devices that can co | ||
| > | ntain Offline Titles, the time period within which you will need to begin viewin | > | ntain Offline Titles, the time period within which you will need to begin viewin | ||
| > | g Offline Titles and how long the Offline Titles will remain accessible. Some Of | > | g Offline Titles and how long the Offline Titles will remain accessible. Some Of | ||
| > | fline Titles may not be playable in certain countries and if you go online in a | > | fline Titles may not be playable in certain countries and if you go online in a | ||
| > | country where you would not be able to stream that Offline Title, the Offline Ti | > | country where you would not be able to stream that Offline Title, the Offline Ti | ||
| > | tle will not be playable while you are in that country. | > | tle will not be playable while you are in that country. | ||
| 18 | 1.8. Usage Rights and Restrictions. Subject to these Terms and only to the exten | 19 | 1.8. Usage Rights and Restrictions. Subject to these Terms and only to the exten | ||
| > | t you are expressly authorised, we grant you a limited, non-exclusive, non-trans | > | t you are expressly authorised, we grant you a limited, non-exclusive, non-trans | ||
| > | ferable right to access the Netflix service. Except for the foregoing, no right, | > | ferable right to access the Netflix service. Except for the foregoing, no right, | ||
| > | title or interest shall be transferred to you. You agree to use the Netflix ser | > | title or interest shall be transferred to you. You agree to use the Netflix ser | ||
| > | vice, including all features and functionalities associated therewith, in accord | > | vice, including all features and functionalities associated therewith, in accord | ||
| > | ance with all applicable laws, rules and regulations, or other restrictions on u | > | ance with all applicable laws, rules and regulations, or other restrictions on u | ||
| > | se of the service or content therein. Unless otherwise explicitly authorized, yo | > | se of the service or content therein. Unless otherwise explicitly authorized, yo | ||
| > | u agree not to: | > | u agree not to: | ||
| 19 | (i) use the service for commercial purposes or public performances; | 20 | (i) use the service for commercial purposes or public performances; | ||
| 20 | (ii) archive, reproduce, distribute, modify, display, perform, publish, license, | 21 | (ii) archive, reproduce, distribute, modify, display, perform, publish, license, | ||
| > | create derivative works from, offer for sale, or use content and information co | > | create derivative works from, offer for sale, or use content and information co | ||
| > | ntained on or obtained from or through the Netflix service; | > | ntained on or obtained from or through the Netflix service; | ||
| 26 | (viii) upload, post, e-mail or otherwise send or transmit any material designed | 27 | (viii) upload, post, e-mail or otherwise send or transmit any material designed | ||
| > | to interrupt, destroy or limit the functionality of any computer software or har | > | to interrupt, destroy or limit the functionality of any computer software or har | ||
| > | dware or telecommunications equipment associated with the Netflix service, inclu | > | dware or telecommunications equipment associated with the Netflix service, inclu | ||
| > | ding any software viruses or any other computer code, files or programs; or | > | ding any software viruses or any other computer code, files or programs; or | ||
| 27 | (ix) engage in any of the foregoing in connection with the use, creation, develo | 28 | (ix) engage in any of the foregoing in connection with the use, creation, develo | ||
| > | pment, modification, prompting, fine-tuning, training, testing, benchmarking or | > | pment, modification, prompting, fine-tuning, training, testing, benchmarking or | ||
| > | validation of any machine learning tool, model, system, algorithm, product or ot | > | validation of any machine learning tool, model, system, algorithm, product or ot | ||
| > | her technology. | > | her technology. | ||
| 28 | We may terminate or restrict your use of our service if you violate these Terms | 29 | We may terminate or restrict your use of our service if you violate these Terms | ||
| > | of Use or are engaged in illegal or fraudulent use of the service. | > | of Use or are engaged in illegal or fraudulent use of the service. | ||
| n | 29 | 1.9. Viewing Experience and Technical Requirements. The quality of the display o | n | 30 | 1.9. Viewing Experience and Technical Requirements. The quality of the display o |
| > | f the Netflix content may vary from device to device, and may be affected by a v | > | f the Netflix content may vary from device to device, and may be affected by a v | ||
| > | ariety of factors, such as your location, the bandwidth available through and/or | > | ariety of factors, such as your location, the bandwidth available through and/or | ||
| > | speed of your Internet connection. HD, Ultra HD and HDR availability is subject | > | speed of your Internet connection. HD, Ultra HD and HDR availability is subject | ||
| > | to your Internet service and device capabilities. Spatial audio quality is subj | > | to your Internet service and device capabilities. Spatial audio quality is subj | ||
| > | ect to your device capabilities. Not all content is available in spatial audio o | > | ect to your device capabilities. Not all content is available in spatial audio o | ||
| > | r in all formats, such as HD, Ultra HD or HDR and not all subscription plans all | > | r in all formats, such as HD, Ultra HD or HDR and not all plans allow you to rec | ||
| > | ow you to receive content in all formats. The minimum connection speed for HD vi | > | eive content in all formats. The minimum connection speed for HD video quality ( | ||
| > | deo quality (defined as a resolution of 720p or higher) is 3.0 Mbps per stream; | > | defined as a resolution of 720p or higher) is 3.0 Mbps per stream; however, we r | ||
| > | however, we recommend a faster connection for improved video quality. A connecti | > | ecommend a faster connection for improved video quality. A connection speed of a | ||
| > | on speed of at least 5.0 Mbps per stream is recommended to receive Full HD video | > | t least 5.0 Mbps per stream is recommended to receive Full HD video quality (def | ||
| > | quality (defined as a resolution of 1080p or higher). A connection speed of at | > | ined as a resolution of 1080p or higher). A connection speed of at least 15.0 Mb | ||
| > | least 15.0 Mbps per stream is recommended to receive Ultra HD video quality (def | > | ps per stream is recommended to receive Ultra HD video quality (defined as a res | ||
| > | ined as a resolution of 4K or higher). You are responsible for all Internet acce | > | olution of 4K or higher). You are responsible for all Internet access charges. P | ||
| > | ss charges. Please check with your Internet provider for information on possible | > | lease check with your Internet provider for information on possible Internet dat | ||
| > | Internet data usage charges. The time it takes to begin watching Netflix conten | > | a usage charges. Netflix makes no representations or warranties about the qualit | ||
| > | t will vary based on a number of factors, including your location, available ban | > | y of your watching experience on your display. The time it takes to begin watchi | ||
| > | dwidth at the time, the content you have selected and the configuration of your | > | ng Netflix content will vary based on a number of factors, including your locati | ||
| > | Netflix supported device. | > | on, available bandwidth at the time, the Netflix content you have selected and t | ||
| > | he configuration of your Netflix supported device. | ||||
| 30 | 1.10. Netflix Software and Updates. The Netflix software is developed by, or for | 31 | 1.10. Netflix Software and Updates. The Netflix software is developed by, or for | ||
| > | , Netflix and may solely be used for authorized access to Netflix content throug | > | , Netflix and may solely be used for authorized access to Netflix content throug | ||
| > | h Netflix supported devices. This software may vary by device and medium, and fu | > | h Netflix supported devices. This software may vary by device and medium, and fu | ||
| > | nctionalities and features may also differ between devices. You acknowledge that | > | nctionalities may also differ between devices. By using our service, you agree t | ||
| > | the use of the service may require third party software that is subject to thir | > | o receive, without further notice or prompting, updated versions of the Netflix | ||
| > | d party licenses. You agree that you may automatically receive updated versions | > | and related third-party software. | ||
| > | of the Netflix software and related third-party software. | ||||
| 31 | 1.11. Interactive Features. We may offer certain Interactive Features as part of | 32 | 1.11. Device Responsibility. By using our service, you agree to look solely to t | ||
| > | the service. “Interactive Features” means any real-time or near-real-time funct | > | he entity that manufactured and/or sold you the Netflix supported device for any | ||
| > | ionality that enables users to participate in or interact with programming or ot | > | issues related to the device and its compatibility with the Netflix service. We | ||
| > | her users, for example live chat, polls, voting, multiplayer gaming, game shows, | > | do not take responsibility or otherwise warrant the performance of Netflix supp | ||
| > | and live voting. Use of Interactive Features is subject to these Terms of Use, | > | orted devices, including the continued compatibility with our service. | ||
| > | our Community Guidelines and, where posted, the official rules for the specific | ||||
| > | event. We may take interim measures (for example, suspend voting, disqualify ent | ||||
| > | ries or void results) to protect voting integrity, safety or legal compliance. W | ||||
| > | e may suspend or terminate access to any Interactive Feature immediately if you | ||||
| > | breach these Terms of Use, our policies, or if your use poses an immediate safet | ||||
| > | y or legal risk. | ||||
| 33 | 1.12. Interactive Features. We may offer certain Interactive Features as part of | ||||
| > | the service. “Interactive Features” means any real-time or near-real-time funct | ||||
| > | ionality that enables users to participate in or interact with programming or ot | ||||
| > | her users, for example live chat, polls, voting, multiplayer gaming, game shows, | ||||
| > | and live voting. Use of Interactive Features is subject to these Terms of Use, | ||||
| > | our Community Guidelines and, where posted, the official rules for the specific | ||||
| > | event. We may (but are not obligated to) use automated systems and human reviewe | ||||
| > | rs to record, monitor, analyse, modify, disable and, store and review use of our | ||||
| > | Interactive Features, including your communications and material you or other u | ||||
| > | sers submit, to detect, investigate identify or prevent suspected violations of | ||||
| > | these Terms, our Community Guidelines or illegal or harmful content or conduct. | ||||
| > | Chat messages, content and other interactions using Interactive Features (togeth | ||||
| > | er, “Interactive Content”) are the sole responsibility of the person who posts o | ||||
| > | r initiates them. We do not endorse, verify, or guarantee Interactive Content an | ||||
| > | d make no representation as to its accuracy, completeness or lawfulness. To the | ||||
| > | extent permitted by applicable law, we will not be liable for any claims, losses | ||||
| > | or damages arising out of or related to Interactive Content. We may take interi | ||||
| > | m measures (for example, suspend voting, disqualify entries or void results) to | ||||
| > | protect voting integrity, safety or legal compliance. We may suspend or terminat | ||||
| > | e access to any Interactive Feature immediately if you breach these Terms of Use | ||||
| > | , our policies, or if your use poses an immediate safety or legal risk. | ||||
| 32 | 2. Subscription Terms | 34 | 2. Subscription Terms | ||
| n | 33 | 2.1. Billing Cycle and Payment Terms. Your Netflix subscription will continue un | n | 35 | 2.1. Subscription Autorenewal and Billing. Your Netflix subscription will contin |
| > | til terminated. To purchase a subscription, you will need to add one or more Pay | > | ue and automatically renew until terminated. To purchase a subscription, you wil | ||
| > | ment Methods to your account. “Payment Method” means a current, valid, accepted | > | l need to add one or more Payment Methods to your account. "Payment Method" mean | ||
| > | method of payment, as may be updated from time to time, and which may include pa | > | s a current, valid, accepted method of payment, as may be updated from time to t | ||
| > | yment through your account with a third party. Unless you cancel your subscripti | > | ime and which may include payment through your account with a third party. You m | ||
| > | on before your billing date, you authorize us to charge the subscription fee for | > | ust cancel your subscription before it renews in order to avoid billing of the s | ||
| > | the next billing cycle to your Payment Method (see "Cancellation" below). The s | > | ubscription fees for the next billing cycle to your Payment Method (see "Cancell | ||
| > | ubscription fee and any other charges you may incur in connection with your use | > | ation" below). The subscription fee and any other charges you may incur in conne | ||
| > | of the service, such as taxes and possible transaction fees, will be charged to | > | ction with your use of the service, such as taxes and possible transaction fees, | ||
| > | your Payment Method on the specific payment date indicated on the "Account" page | > | will be charged to your Payment Method on the specific payment date indicated o | ||
| > | . The length of your billing cycle will depend on the type of subscription plan | > | n the "Account" page. The length of your billing cycle will depend on the type o | ||
| > | that you choose when you signed-up for the service. In some cases your payment d | > | f subscription plan that you choose when you signed up for the service. Subscrip | ||
| > | ate may change, for example if your Payment Method has not successfully settled, | > | tion fees are fully earned upon payment. In some cases your payment date may cha | ||
| > | when you change your subscription plan or if your paid subscription began on a | > | nge, for example if your Payment Method has not successfully settled, when you c | ||
| > | day not contained in a given month. You can see your next payment date on the "A | > | hange your subscription plan or if your paid subscription began on a day not con | ||
| > | ccount" page. We may authorize your Payment Method to verify it and to cover upc | > | tained in a given month. You can see your next payment date on the “Account” pag | ||
| > | oming charges through various methods, including a pre-authorization of up to on | > | e. We may authorize your Payment Method to verify it and to cover upcoming charg | ||
| > | e month of service as soon as you register for a subscription. If you signed up | > | es through various methods, including a pre-authorization of up to one month of | ||
| > | for Netflix using your account with a third party as a Payment Method, you can f | > | service as soon as you register for a subscription. If you signed up for Netflix | ||
| > | ind the billing information about your Netflix subscription by visiting your acc | > | using your account with a third party as a Payment Method, you can find the bil | ||
| > | ount with the applicable third party. | > | ling information about your Netflix subscription by visiting your account with t | ||
| > | he applicable third party. | ||||
| 34 | 2.2. Payment Methods. You authorize us to charge any Payment Method associated w | 36 | 2.2. Payment Methods. You authorize us to charge any Payment Method associated w | ||
| > | ith your account in case your primary Payment Method is declined or no longer av | > | ith your account in case your primary Payment Method is declined or no longer av | ||
| > | ailable to us for payment of your subscription fee. You remain responsible for a | > | ailable to us for payment of your subscription fee. You remain responsible for a | ||
| > | ny uncollected amounts. If a payment is not successfully settled, due to expirat | > | ny uncollected amounts. If a payment is not successfully settled, due to expirat | ||
| > | ion, insufficient funds, or otherwise, and you do not cancel your subscription, | > | ion, insufficient funds, or otherwise, and you do not cancel your subscription, | ||
| > | we may suspend your access to the service until we have successfully charged a v | > | we may suspend your access to the service until we have successfully charged a v | ||
| > | alid Payment Method. For some Payment Methods, the issuer may charge you certain | > | alid Payment Method. For some Payment Methods, the issuer may charge you certain | ||
| > | fees, such as foreign transaction fees or other fees relating to the processing | > | fees, such as foreign transaction fees or other fees relating to the processing | ||
| > | of your Payment Method. Local tax charges may vary depending on the Payment Met | > | of your Payment Method. Check with your Payment Method service provider for det | ||
| > | hod used. Check with your Payment Method service provider for details. | > | ails. | ||
| 35 | 2.3. Updating your Payment Methods. You can update your Payment Methods through | 37 | 2.3. Updating your Payment Methods. You can update your Payment Methods through | ||
| > | the "Account" page. We may also update your Payment Methods using information pr | > | the "Account" page. We may also update your Payment Methods using information pr | ||
| > | ovided by the payment service providers. Following any update, you authorize us | > | ovided by the payment service providers. Following any update, you authorize us | ||
| > | to continue to charge the applicable Payment Method(s). | > | to continue to charge the applicable Payment Method(s). | ||
| n | 36 | 2.4. Advertisements and Commercial Content. While our subscription plans are des | n | 38 | 2.4. Subscription Plans With or Without Advertisements. We may offer a number of |
| > | igned to provide an experience without commercial interruptions, there may be so | > | subscription plans, including plans with or without advertisements. Our ad-free | ||
| > | me occasions when you may see advertisements — for example, during certain live | > | subscription plans are designed to provide an experience without commercial int | ||
| > | or special events (including replays), as part of linear programming, or where r | > | erruptions. However, there may be some occasions when you may see advertisements | ||
| > | equired by streaming rights or other legal or contractual obligations. In additi | > | — for example, during certain live or special events (including replays), as pa | ||
| > | on, our service may contain limited commercial content, such as branded content | > | rt of linear programming, or where required by streaming rights or other legal o | ||
| > | or sponsorship messaging, promotions for Netflix content, or information about o | > | r contractual obligations. In addition, all subscription plans may contain limit | ||
| > | ther Netflix products or services. Netflix does not endorse or sponsor any adver | > | ed commercial content, such as branded content or sponsorship messaging, promoti | ||
| > | tised third party products or services and any interactions with advertisers, in | > | ons for Netflix content or information about other Netflix products or services. | ||
| > | cluding through engagement with interactive advertisements, are at your own opti | ||||
| > | on and risk. | ||||
| 37 | 2.5. Subscriptions Obtained Through Third Parties. Some subscriptions are offere | 39 | 2.5. Subscriptions Obtained Through Third Parties. Some subscriptions are offere | ||
| > | d by third parties in conjunction with the provision of their own products and s | > | d by third parties in conjunction with the provision of their own products and s | ||
| > | ervices. We are not responsible for the products and services provided by such t | > | ervices. We are not responsible for the products and services provided by such t | ||
| > | hird parties. In addition, some of these subscription plans may have differing c | > | hird parties. In addition, some of these subscription plans may have differing c | ||
| > | onditions and limitations, which will be disclosed prior to your sign-up or in o | > | onditions and limitations, which will be disclosed prior to your sign-up or in o | ||
| > | ther communications made available to you. | > | ther communications made available to you. | ||
| n | 38 | 2.6. Cancellation. You can cancel your Netflix subscription at any time. To canc | n | 40 | 2.6. Cancellation. You can cancel your Netflix subscription at any time. To canc |
| > | el, go to the "Account" page and follow the instructions for cancellation. The c | > | el, go to the "Account" page and follow the cancellation instructions. The cance | ||
| > | ancellation will take effect at the end of the billing period. To the extent per | > | llation will take effect at the end of the billing period. You can see when your | ||
| > | mitted by the applicable law, payments are non-refundable and we do not provide | > | subscription will end on the "Account" page. If you signed up for Netflix using | ||
| > | refunds or credits for any partial subscription periods or unused Netflix conten | > | your account with a third party as a Payment Method and wish to cancel your Net | ||
| > | t. You can see when your account will close on the "Account" page . If you signe | > | flix subscription you may need to do so through that third party, for example by | ||
| > | d up for Netflix using your account with a third party as a Payment Method and w | > | visiting your account with the applicable third party and turning off auto-rene | ||
| > | ish to cancel your Netflix subscription, you may need to do so through such thir | > | w, or unsubscribing from the Netflix service through that third party. | ||
| > | d party, for example by visiting your account with the applicable third party an | ||||
| > | d turning off auto-renew, or unsubscribing from the Netflix service through that | ||||
| > | third party. | ||||
| 39 | 2.7. Changes to the Price and Subscription Plans. We may change our subscription | 41 | 2.7. Changes to the Price and Subscription Plans. We may change our subscription | ||
| > | plans and the price of our service from time to time. We will notify you at lea | > | plans and the price of our service from time to time. We will notify you at lea | ||
| > | st one month before any price changes or changes to your subscription plan will | > | st one month before any price changes or changes to your subscription plan will | ||
| > | become effective. If you do not wish to accept the price change or change to you | > | become effective. If you do not wish to accept the price change or change to you | ||
| > | r subscription plan, you can cancel your subscription before the change takes ef | > | r subscription plan, you can cancel your subscription before the change takes ef | ||
| > | fect. | > | fect. | ||
| n | n | 42 | 2.8. No Refunds. Payments are nonrefundable and there are no refunds or credits | ||
| > | for partially used subscription periods. Following any cancellation, however, yo | ||||
| > | u will continue to have access to the service through the end of your current bi | ||||
| > | lling period. At any time, and for any reason, we may provide a refund, discount | ||||
| > | , or other consideration to some or all of our members ("credits"). The amount a | ||||
| > | nd form of such credits, and the decision to provide them, are at our sole and a | ||||
| > | bsolute discretion. The provision of credits in one instance does not entitle yo | ||||
| > | u to credits in the future for similar instances, nor does it obligate us to pro | ||||
| > | vide credits in the future, under any circumstance. | ||||
| 40 | 3. Extra Members | 43 | 3. Extra Members | ||
| n | 41 | 3.1. Creation of an Extra Member Account. In countries where this feature is ava | n | 44 | 3.1. Creation of an Extra Member Account. Where permitted by the Account Owner’s |
| > | ilable and where permitted by the Account Owner’s subscription plan, the Account | > | subscription plan, the Account Owner may purchase an Extra Member account, auth | ||
| > | Owner may purchase an Extra Member account, authorising a person outside of the | > | orising a person outside of the Account Owner’s household (the “Extra Member”) t | ||
| > | Account Owner’s household (the “Extra Member”) to access the Netflix service un | > | o access the Netflix service under the Account Owner’s subscription and subject | ||
| > | der the Account Owner’s subscription and subject to these Terms of Use. The subs | > | to these Terms of Use. The subscription fees related to the Extra Member account | ||
| > | cription fees related to the Extra Member account will be charged to the Account | > | will be charged to the Account Owner’s Payment Method. Extra Members may activa | ||
| > | Owner’s Payment Method. Extra Members may activate their Extra Member account o | > | te their Extra Member account only in the country where the Account Owner create | ||
| > | nly in the country where the Account Owner created their account. | > | d their account. | ||
| 42 | 3.2. Cancellation or Changing Beneficiary of the Extra Member Account. An Extra | 45 | 3.2. Cancellation or Changing Beneficiary of the Extra Member Account. An Extra | ||
| > | Member may cancel their account at any time; cancellation by the Extra Member wi | > | Member may cancel their account at any time; cancellation by the Extra Member wi | ||
| > | ll result in the Extra Member’s immediate loss of access to the Netflix service. | > | ll result in the Extra Member’s immediate loss of access to the Netflix service. | ||
| > | The Account Owner may also, in their sole discretion and at any time, remove th | > | The Account Owner may also, in their sole discretion and at any time, remove th | ||
| > | e Extra Member feature from their subscription or change its beneficiary. If the | > | e Extra Member feature from their subscription or change its beneficiary. If the | ||
| > | Account Owner removes the Extra Member feature from their subscription, the Ext | > | Account Owner removes the Extra Member feature from their subscription, the Ext | ||
| > | ra Member will retain access to the Netflix service until the end of the Account | > | ra Member will retain access to the Netflix service until the end of the Account | ||
| > | Owner’s billing period. If the Account Owner changes the beneficiary of the Ext | > | Owner’s billing period. If the Account Owner changes the beneficiary of the Ext | ||
| > | ra Member account, the previous beneficiary’s access to the Netflix service will | > | ra Member account, the previous beneficiary’s access to the Netflix service will | ||
| > | end immediately. An Extra Member who wishes to continue using the service, can | > | end immediately. An Extra Member who wishes to continue using the service, can | ||
| > | upgrade their Extra Member account to a subscription via the “Account” page. | > | upgrade their Extra Member account to a subscription via the “Account” page. | ||
| n | 43 | 4. Account Access. You are responsible for any activity that occurs through the | n | 46 | 4. Account Access. You are responsible for any activity that occurs through the |
| > | Netflix account. By allowing others to access the account (which includes access | > | Netflix account. All persons to whom you give access to your account, whether or | ||
| > | to information on viewing activity for the account), you agree that such indivi | > | not such sharing of access is permitted by these Terms of Use, are bound by the | ||
| > | duals are acting on your behalf and that you are bound by any changes that they | > | se Terms of Use, including the requirement to arbitrate disputes. By allowing ot | ||
| > | may make to the account, including changes to subscription plans. To help mainta | > | hers to access the account (which includes access to information on viewing acti | ||
| > | in control over the account and to prevent any unauthorized users from accessing | > | vity for the account), you also agree that such individuals are acting on your b | ||
| > | the account, you should maintain control over the devices that are used to acce | > | ehalf and that you are bound by any changes that they may make to the account, i | ||
| > | ss the service and not reveal the login credentials or details of the Payment Me | > | ncluding changes to subscription plans. To help maintain control over the accoun | ||
| > | thod associated with the account to anyone. You agree to provide and maintain ac | > | t and prevent any unauthorized users from accessing the account, you should main | ||
| > | curate information relating to your account, including valid contact information | > | tain control over the devices that are used to access the service and not reveal | ||
| > | so we can send you account related notices. We can terminate your account or pl | > | the login credentials or details of the Payment Method associated with the acco | ||
| > | ace your account on hold in order to protect you, Netflix or our partners from i | > | unt to anyone. You agree to provide and maintain accurate information relating t | ||
| > | dentity theft or other fraudulent activity. | > | o your account, including valid contact information so we can send you account r | ||
| > | elated notices. We can terminate your account or place your account on hold in o | ||||
| > | rder to protect you, Netflix or our partners from identity theft or other fraudu | ||||
| > | lent activity. Netflix is not obligated to credit or discount a subscription for | ||||
| > | holds placed on the account by either a representative of Netflix or by the aut | ||||
| > | omated processes of Netflix. If your Netflix supported device is sold, lost or s | ||||
| > | tolen, please deactivate the Netflix supported device. If you fail to log out or | ||||
| > | deactivate your device, subsequent users may access the Netflix service through | ||||
| > | your account and may be able to access certain of your account information. To | ||||
| > | deactivate a device, follow instructions on the "Account" page. | ||||
| 44 | 5. Warranties and Limitations on Liability. The Netflix service is provided "as | 47 | 5. Disclaimers of Warranties and Limitations on Liability | ||
| > | is" and without warranty or condition. In particular, our service may not be uni | ||||
| > | nterrupted or error-free. You waive all special, indirect and consequential dama | ||||
| > | ges against us. These terms will not limit any non-waivable warranties or consum | ||||
| > | er protection rights that you may be entitled to under the mandatory laws of you | ||||
| > | r country of residence. | ||||
| 45 | 6. Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND NETFLI | 48 | 5.1. THE NETFLIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR A | ||
| > | X AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVID | > | NY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE NETFLIX SERVICE, ARE PR | ||
| > | UAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR R | > | OVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KI | ||
| > | EPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unl | > | ND. NETFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NETFL | ||
| > | ess both you and Netflix agree otherwise, the court may not consolidate more tha | > | IX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NETFLIX SPECIFICALLY DISCLAIMS L | ||
| > | n one person's claims with your claims, and may not otherwise preside over any f | > | IABILITY FOR THE USE OF APPLICATIONS, NETFLIX SUPPORTED DEVICES, AND NETFLIX SOF | ||
| > | orm of a representative or class proceeding. | > | TWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). | ||
| 49 | 5.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL NETFLIX, | ||||
| > | OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEE | ||||
| > | S OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR AN | ||||
| > | Y SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAM | ||||
| > | AGES WHATSOEVER. | ||||
| 50 | 5.3. YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS OR OTHER COMMERCIAL CONTENT ON | ||||
| > | THE NETFLIX SERVICE. NETFLIX DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCT | ||||
| > | S OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED | ||||
| > | BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT | ||||
| > | WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE T | ||||
| > | HAT NETFLIX IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH | ||||
| > | INTERACTIONS. | ||||
| 51 | 5.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHT | ||||
| > | S THAT APPLY TO YOU. | ||||
| 52 | 6. Class Action Waiver, Jury Trial Waiver, and Waiver of Public Injunctive Relie | ||||
| > | f | ||||
| 53 | 6.1. Class, Consolidated, and Representative Action Waiver. To the maximum exten | ||||
| > | t permitted by applicable law, for any disputes between you and Netflix that are | ||||
| > | not subject to the requirement to arbitrate explained below, you and Netflix ex | ||||
| > | pressly agree to pursue those non-arbitrable disputes on an individual basis onl | ||||
| > | y. This means that you and Netflix will not seek to bring, join, or participate | ||||
| > | in any class, consolidated, or representative action, collective or class-wide a | ||||
| > | rbitration, or any other action where another individual or entity acts in a rep | ||||
| > | resentative capacity (like private attorney general actions). It also means that | ||||
| > | you and Netflix agree not to consolidate or combine individual proceedings or p | ||||
| > | ermit another to do so without the other’s permission. The sole exception to thi | ||||
| > | s is that Netflix may elect to resolve otherwise arbitrable claims in court on a | ||||
| > | class, collective, or representative basis, in which case—as explained in the A | ||||
| > | rbitration Agreement in Section 8 below—you will not be able to pursue those cla | ||||
| > | ims in arbitration if you opt out of the settlement class. | ||||
| 54 | 6.2. Public Injunctive Relief Waiver. To the fullest extent permitted by applica | ||||
| > | ble law (including taking into account federal preemption of state laws), you an | ||||
| > | d Netflix also waive the right to seek public injunctive relief. If a court dete | ||||
| > | rmines that the right to seek public injunctive relief cannot be waived in a par | ||||
| > | ticular matter, and if other aspects of the matter must be arbitrated pursuant t | ||||
| > | o the Arbitration Agreement, then the request for public injunctive relief will | ||||
| > | be severed from the rest of any claim (including any other relief or remedies as | ||||
| > | sociated with that claim) and any other claims at issue in the dispute. The seve | ||||
| > | red request for public injunctive relief will be resolved in court after the arb | ||||
| > | itration of the remainder of the dispute. Upon the conclusion of arbitration, yo | ||||
| > | u and Netflix agree that the court considering the public injunctive relief requ | ||||
| > | est must accept findings of fact and conclusions of law rendered by the arbitrat | ||||
| > | or unless the court determines that those findings or conclusions were outside t | ||||
| > | he arbitrator’s authority to render. | ||||
| 55 | 6.3. Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR A | ||||
| > | NY CLAIMS THAT PROCEED IN COURT, YOU AND NETFLIX ALSO WAIVE ANY CONSTITUTIONAL A | ||||
| > | ND STATUTORY RIGHTS TO A TRIAL BY JURY. | ||||
| 56 | 6.4. Waiver Enforceability. Any arguments that one or more of the waivers descri | ||||
| > | bed in this section are void, voidable, unconscionable, or otherwise unenforceab | ||||
| > | le as written must be resolved by a court of competent jurisdiction, not by an a | ||||
| > | rbitrator. | ||||
| 46 | 7. Miscellaneous | 57 | 7. Miscellaneous | ||
| n | 47 | 7.1. Governing Law. These Terms of Use shall be governed by and construed in acc | n | 58 | 7.1. Governing Law. These Terms of Use shall be governed by and construed in acc |
| > | ordance with the laws of the Republic of Singapore. These terms will not limit a | > | ordance with the laws of the state of Delaware, U.S.A. without regard to conflic | ||
| > | ny consumer protection rights that you may be entitled to under the mandatory la | > | t of laws provisions. These terms will not limit any consumer protection rights | ||
| > | ws of your country of residence. | > | that you may be entitled to under the mandatory laws of your state of residence. | ||
| 48 | 7.2. Unsolicited Materials. Netflix does not accept unsolicited materials or ide | 59 | 7.2. Unsolicited Materials. Netflix does not accept unsolicited materials or ide | ||
| > | as for Netflix content and is not responsible for the similarity of any of its c | > | as for Netflix content, and is not responsible for the similarity of any of its | ||
| > | ontent or programming in any media to materials or ideas transmitted to Netflix. | > | content or programming in any media to materials or ideas transmitted to Netflix | ||
| > | . Should you send any unsolicited materials or ideas, you do so with the underst | ||||
| > | anding that no additional consideration of any sort will be provided to you, and | ||||
| > | you are waiving any claim against Netflix and its affiliates regarding the use | ||||
| > | of such materials and ideas, even if material or an idea is used that is substan | ||||
| > | tially similar to the material or idea you sent. | ||||
| 49 | 7.3. Feedback. Netflix is free to use any comments, information, ideas, concepts | 60 | 7.3. Feedback. Netflix is free to use any comments, information, ideas, concepts | ||
| > | , reviews, or techniques or any other material contained in any communication yo | > | , reviews, or techniques or any other material contained in any communication yo | ||
| > | u may send to us ("Feedback"), including responses to questionnaires or through | > | u may send to us ("Feedback"), including responses to questionnaires or through | ||
| > | postings to the Netflix service, including our websites and user interfaces, wor | > | postings to the Netflix service, including our websites and user interfaces, wor | ||
| > | ldwide and in perpetuity without further compensation, acknowledgement or paymen | > | ldwide and in perpetuity without further compensation, acknowledgement or paymen | ||
| > | t to you for any purpose whatsoever including developing, manufacturing and mark | > | t to you for any purpose including, developing, manufacturing and marketing prod | ||
| > | eting products and creating, modifying or improving the Netflix service. In addi | > | ucts and creating, modifying or improving the Netflix service. In addition, you | ||
| > | tion, you agree not to enforce any "moral rights" in and to the Feedback, to the | > | agree not to enforce any "moral rights" in and to the Feedback, to the extent pe | ||
| > | extent permitted by applicable law. | > | rmitted by applicable law. | ||
| 50 | 7.4. Customer Support. To find more information about our service and its featur | 61 | 7.4. Customer Support. To find more information about our service and its featur | ||
| > | es or if you need assistance with your account, please visit the Netflix Help Ce | > | es, or if you need assistance with your account, please visit the Netflix Help C | ||
| > | nter, which is accessible through netflix.com. In certain instances, Customer Se | > | enter, which is accessible through netflix.com. In certain instances, Customer S | ||
| > | rvice may best be able to assist you by using a remote access support tool throu | > | ervice may best be able to assist you by using a remote access support tool thro | ||
| > | gh which we have full access to your computer. If you do not want us to have thi | > | ugh which we have full access to your computer. If you do not want us to have th | ||
| > | s access, you should not consent to support through the remote access tool, and | > | is access, you should not consent to support through the remote access tool, and | ||
| > | we will assist you through other means. In the event of any conflict between the | > | we will assist you through other means. In the event of any conflict between th | ||
| > | se Terms of Use and information provided by Customer Support or other portions o | > | ese Terms of Use and information provided by Customer Service or other portions | ||
| > | f our websites, these Terms of Use will control. | > | of our websites, these Terms of Use will control. | ||
| 51 | 7.5. Survival. If any provision or provisions of these Terms of Use shall be hel | 62 | 7.5. Survival. If any provision or provisions of these Terms of Use shall be hel | ||
| > | d to be invalid, illegal, or unenforceable, the validity, legality and enforceab | > | d to be invalid, illegal, or unenforceable, the validity, legality and enforceab | ||
| > | ility of the remaining provisions shall remain in full force and effect. | > | ility of the remaining provisions shall remain in full force and effect. | ||
| n | 52 | 7.6. Changes to these Terms and Assignment. We may, from time to time, change th | n | 63 | 7.6. Changes to these Terms and Assignment. We may, from time to time, change th |
| > | ese Terms of Use. In case of material changes we will notify you at least one mo | > | ese Terms of Use. Such revisions shall be effective immediately; provided howeve | ||
| > | nth before such changes apply to you. If you do not wish to accept the changes, | > | r, for existing members, material revisions shall, unless otherwise stated, be e | ||
| > | you can terminate your account before they take effect. We may assign or transfe | > | ffective one month following notice to you. We may assign our agreement with you | ||
| > | r our agreement with you including our associated rights and obligations at any | > | to any affiliated company or to any entity that succeeds to all or substantiall | ||
| > | time and you agree to cooperate with us in connection with such an assignment or | > | y all of our business or assets related to the applicable Netflix service. | ||
| > | transfer. | ||||
| 53 | 7.7. Events Beyond our Reasonable Control. The Netflix service and/or some of th | 64 | 7.7. Events Beyond our Reasonable Control. The Netflix service and/or some of th | ||
| > | e Netflix content may not be available at any time as a result of events beyond | > | e Netflix content may not be available at any time as a result of events beyond | ||
| > | our reasonable control, including: (i) power or server outages; (ii) acts or fai | > | our reasonable control, including: (i) power or server outages; (ii) acts or fai | ||
| > | lures of any kind by third parties such as network providers; (iii) war, riots, | > | lures of any kind by third parties such as network providers (iii) war, riots, s | ||
| > | strikes, or social unrest; and/or (iv) any other events or factors beyond our re | > | trikes, or social unrest; and/or (iv) any other events or factors beyond our rea | ||
| > | asonable control. While we will make reasonable efforts to notify you in advance | > | sonable control. While we will make reasonable efforts to notify you in advance, | ||
| > | , to the extent permitted by applicable law, we will not be held liable should s | > | we will not be held liable should such events occur. | ||
| > | uch events occur. | ||||
| 54 | 7.8. Electronic Communications. We will send you information relating to your ac | 65 | 7.8. Electronic Communication. We will send you information relating to your acc | ||
| > | count (e.g. payment authorizations, invoices, changes in contact details or Paym | > | ount (e.g. payment authorizations, invoices, changes in contact details or Payme | ||
| > | ent Method, confirmation messages, notices) in electronic form only. | > | nt Method, confirmation messages, notices) in electronic form only. You agree th | ||
| > | at any notices, agreements, disclosures or other communications that we send to | ||||
| > | you electronically will satisfy any legal communication requirements, including | ||||
| > | that such communications be in writing. | ||||
| 66 | 8. Arbitration Agreement | ||||
| 67 | THIS SECTION OF THE TERMS OF USE IS REFERRED TO AS THE “ARBITRATION AGREEMENT.” | ||||
| > | PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT | ||||
| > | TO FILE A LAWSUIT AGAINST NETFLIX IN COURT AND TO PARTICIPATE IN CLASS ACTIONS. | ||||
| > | THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLAT | ||||
| > | E RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT. YOU HAVE A TIME-LIMITED | ||||
| > | RIGHT TO OPT OUT OF THIS REQUIREMENT TO ARBITRATE DISPUTES, AS EXPLAINED BELOW. | ||||
| 68 | If disagreements between us arise, Netflix seeks to resolve those disagreements | ||||
| > | amicably and fairly. Accordingly, our dispute resolution process encourages us t | ||||
| > | o work together to reconcile any disagreements. This includes an informal disput | ||||
| > | e resolution process and, if we don’t reach acceptable solutions through informa | ||||
| > | l means, going to arbitration. Please read this Arbitration Agreement for more i | ||||
| > | nformation. | ||||
| 69 | (a) Scope of Arbitration Agreement. This agreement to arbitrate applies to any “ | ||||
| > | Dispute” between you and Netflix, excluding those exceptions listed below. “Disp | ||||
| > | ute” means any dispute, claim, or controversy, whether based in contract, tort, | ||||
| > | statute, fraud, misrepresentation, or any other legal theory, for which either y | ||||
| > | ou or Netflix seeks legal recourse, including disputes regarding the validity, e | ||||
| > | nforceability, or scope of this agreement to arbitrate or any portion of it. In | ||||
| > | Disputes involving minors, Disputes asserted both by the minor(s) and/or by the | ||||
| > | minor’s or minors’ parent(s) or guardian(s) are subject to this Arbitration Agre | ||||
| > | ement, and the use of “you” in this section means both the adult(s) and the mino | ||||
| > | r(s). This Arbitration Agreement, and disputes arising under it, are governed by | ||||
| > | the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitra | ||||
| > | tion law. The term “Dispute” will be construed as broadly as the FAA and other a | ||||
| > | pplicable law allows. | ||||
| 70 | The exceptions to this mandatory arbitration requirement are (i) claims that can | ||||
| > | be brought as individual actions in small-claims court; (ii) pursuit of enforce | ||||
| > | ment actions through a government agency if applicable law allows it; (iii) an a | ||||
| > | ction to compel or uphold any prior arbitration decision; (iv) your or Netflix’s | ||||
| > | right to seek injunctive relief in a court of law to preserve the status quo wh | ||||
| > | ile an arbitration proceeds; (v) claims of intellectual property infringement (i | ||||
| > | ncluding claims of piracy or the unauthorized acquisition of a third party’s Net | ||||
| > | flix account); (vi) claims regarding transactions or proposed transactions betwe | ||||
| > | en Netflix and third parties that would result in a corporate merger or Netflix’ | ||||
| > | s purchase or sale of assets or intellectual property; (vii) claims that are the | ||||
| > | subject of a proposed class or collective action settlement in any court from w | ||||
| > | hich you have opted out of the settlement class; (viii) the enforceability of th | ||||
| > | e requirement that arbitrations must be conducted on an individual rather than a | ||||
| > | class basis; and (ix) certain roles expressly specified for courts elsewhere in | ||||
| > | this Arbitration Agreement or in these Terms. | ||||
| 71 | This Arbitration Agreement applies only to Disputes and does not prevent you or | ||||
| > | Netflix from taking unilateral actions that they are entitled to take under thes | ||||
| > | e Terms of Use or any other applicable law. This means, for example, that you ca | ||||
| > | n terminate your Netflix account without following this process for resolving Di | ||||
| > | sputes. Likewise, Netflix may suspend or terminate an account (for example, beca | ||||
| > | use it detected a violation of these Terms of Use), in its sole discretion, with | ||||
| > | out following this dispute resolution process, but you may use the dispute resol | ||||
| > | ution process to seek a reversal of the decision if you disagree with it. | ||||
| 72 | For any Dispute between you and Netflix in which some portions of the Dispute ar | ||||
| > | e subject to arbitration and some are not, the portion of the dispute that is su | ||||
| > | bject to arbitration must be arbitrated first, and you and Netflix agree to ask | ||||
| > | the court to stay the portion of the dispute that is to proceed in court pending | ||||
| > | the conclusion of the arbitration. | ||||
| 73 | (b) Informal Resolution. If you and Netflix have a Dispute, we will attempt to r | ||||
| > | esolve the Dispute informally before an arbitration is filed. You or Netflix mus | ||||
| > | t begin the process by sending the other a “Notice of Dispute,” the contents of | ||||
| > | which are described below. After that, you and Netflix agree to make a good-fait | ||||
| > | h effort to negotiate the resolution of any Dispute for at least 30 days from th | ||||
| > | e date a compliant Notice of Dispute is received. This process is called “Inform | ||||
| > | al Resolution.” | ||||
| 74 | You must send any Notice of Dispute to InformalResolution@netflix.com. If Netfli | ||||
| > | x has a Dispute against you, it will send the notice to the contact information | ||||
| > | you have provided to Netflix. The Notice of Dispute sent by you or Netflix must | ||||
| > | include the sender’s name, address, and other contact information, the contact i | ||||
| > | nformation associated with your Netflix account, a comprehensive description of | ||||
| > | the Dispute, and what resolution to the Dispute is being sought. | ||||
| 75 | You may engage counsel to represent you during Informal Resolution, but you agre | ||||
| > | e to participate personally in settlement discussions if Netflix requests that y | ||||
| > | ou do so. | ||||
| 76 | The Notice of Dispute requirement is designed to allow Netflix (or you, if Netfl | ||||
| > | ix has asserted a Dispute against you) to make a fair, fact-based offer of settl | ||||
| > | ement if Netflix (or you) chooses to do so. You and Netflix cannot proceed to ar | ||||
| > | bitration unless all information required in a Notice of Dispute is provided, yo | ||||
| > | u have participated in good faith in the Informal Resolution process, and the In | ||||
| > | formal Resolution period has expired. If you or Netflix proceed to arbitration w | ||||
| > | ithout having provided a compliant Notice of Dispute, and without having engaged | ||||
| > | in Informal Resolution, the sufficiency of a Notice of Dispute and/or the parti | ||||
| > | es’ compliance with the Informal Resolution requirement are issues to be decided | ||||
| > | by a court, not an arbitrator. If you and Netflix disagree about whether a Noti | ||||
| > | ce of Dispute complied with this subsection, that particular dispute over compli | ||||
| > | ance will be resolved by a court, not an arbitrator, notwithstanding the provisi | ||||
| > | on otherwise delegating to the arbitrator all disputes over the validity, enforc | ||||
| > | eability, or scope of this Arbitration Agreement. A court of competent jurisdict | ||||
| > | ion may enjoin the filing of an arbitration demand that has not been preceded by | ||||
| > | a compliant Notice of Dispute and the completion of Informal Resolution, and th | ||||
| > | at court may order the party that filed an arbitration demand without meeting th | ||||
| > | ese requirements to reimburse the other party for any arbitration fees and costs | ||||
| > | incurred prior to the injunction. | ||||
| 77 | All applicable statutes of limitation are deemed to be tolled beginning on the d | ||||
| > | ate a compliant Notice of Dispute is sent. | ||||
| 78 | (c) Small Claims Court. You and Netflix agree that, notwithstanding the obligati | ||||
| > | on to arbitrate Disputes, Disputes that qualify for small-claims court in the co | ||||
| > | unty where you live may be brought as individual actions in such small-claims co | ||||
| > | urts. Netflix hopes you will try Informal Resolution first, and you must do so b | ||||
| > | efore commencing an arbitration, but you do not have to complete the Informal Re | ||||
| > | solution process before going to small-claims court. | ||||
| 79 | (d) Arbitration Rules and Forum. THE ARBITRATION PROCEEDINGS IN THIS SECTION WIL | ||||
| > | L BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Netflix | ||||
| > | consent to have any Disputes arbitrated using class action procedures, even if t | ||||
| > | he arbitration provider has rules permitting class arbitrations. | ||||
| 80 | You and Netflix agree that Disputes will be settled by Binding, Individual, Conf | ||||
| > | idential Arbitration conducted by JAMS, according to the FAA, federal arbitratio | ||||
| > | n law, the JAMS Streamlined Arbitration Rules and Procedures, and, if applicable | ||||
| > | , the JAMS Mass Arbitration Procedures and Guidelines (together, the “JAMS Rules | ||||
| > | ”), available at https://www.jamsadr.com/adr-rules-procedures, as modified by th | ||||
| > | e terms of this Arbitration Agreement. The arbitrator will apply this Arbitratio | ||||
| > | n Agreement and all other applicable contractual terms as a court would and will | ||||
| > | adjudicate any Disputes according to applicable law and fact, based only upon t | ||||
| > | he record before the arbitrator. | ||||
| 81 | If JAMS is not available or willing to arbitrate, you and Netflix will mutually | ||||
| > | select an alternative arbitral forum. If you and Netflix cannot agree on an alte | ||||
| > | rnative arbitral forum, either party may invoke 9 U.S.C. § 5 to request that a c | ||||
| > | ourt of competent jurisdiction appoint an arbitrator. If there is a dispute over | ||||
| > | which arbitration provider will administer the arbitration, only a court (and n | ||||
| > | ot an arbitrator or arbitration administrator) can resolve that dispute, and the | ||||
| > | arbitration will be stayed until the court resolves that dispute. | ||||
| 82 | “Arbitration” means that any Dispute between you and Netflix will be resolved by | ||||
| > | a neutral arbitrator in arbitration instead of in a court by a judge or jury. | ||||
| 83 | “Individual” means that the arbitrator may award the same remedies to you or Net | ||||
| > | flix as a court could, but only to satisfy your or Netflix’s individual claims. | ||||
| > | To the fullest extent allowed by applicable law, the arbitrator may not award mo | ||||
| > | ney or other relief for the benefit of any person other than you or Netflix as p | ||||
| > | art of the resolution of any Dispute. | ||||
| 84 | “Binding” means that both you and Netflix will have to live with the arbitrator’ | ||||
| > | s decision, except to the limited extent that appeals to a court are permitted u | ||||
| > | nder the FAA. As limited by the FAA, this Arbitration Agreement, and the rules a | ||||
| > | pplicable to the arbitration, the arbitrator will have exclusive authority to ma | ||||
| > | ke all procedural and substantive decisions regarding any Dispute and to grant a | ||||
| > | ny remedy that would otherwise be available in court, including the power to det | ||||
| > | ermine the question of arbitrability. The arbitrator will have authority to awar | ||||
| > | d temporary, interim, or permanent injunctive relief or relief providing for spe | ||||
| > | cific performance of these Terms, but (as provided above) only to the extent nec | ||||
| > | essary to provide relief to a party in arbitration warranted by the individual c | ||||
| > | laim before the arbitrator. The award rendered by the arbitrator may be confirme | ||||
| > | d and enforced in any court having jurisdiction. If the arbitrator awards injunc | ||||
| > | tive relief that affects, benefits, or potentially would affect or benefit any p | ||||
| > | erson other than the claimant, the party against which injunctive relief is orde | ||||
| > | red may seek review and reconsideration of that award of injunctive relief in an | ||||
| > | y court having jurisdiction. During such review, the court may consider, but wil | ||||
| > | l not be bound by, the arbitrator’s findings of fact or conclusions of law. | ||||
| 85 | “Confidential” means that you and Netflix agree that all of the arbitration proc | ||||
| > | eedings, including any discovery, hearings, and rulings, will be confidential to | ||||
| > | the fullest extent permitted by applicable law. | ||||
| 86 | You or Netflix may initiate arbitration of any Dispute not resolved by Informal | ||||
| > | Resolution by filing a Demand for Arbitration with JAMS in accordance with the J | ||||
| > | AMS Rules. Instructions for filing a demand are available at https://www.jamsadr | ||||
| > | .com/submit. The Demand for arbitration you file with JAMS must include (1) the | ||||
| > | name, telephone number, mailing address, and email address of the party seeking | ||||
| > | arbitration; (2) a statement of the legal claims being asserted and the factual | ||||
| > | bases for those claims; (3) a description of the remedy sought and an accurate, | ||||
| > | good-faith calculation of the amount in controversy in United States Dollars (an | ||||
| > | y request for injunctive relief or attorneys’ fees will not count toward the cal | ||||
| > | culation of the amount in controversy unless such injunctive relief seeks the pa | ||||
| > | yment of money); and (4) the signature of the party seeking arbitration. You mus | ||||
| > | t send any Demand for arbitration to Netflix at: Netflix, Inc., Attention: Litig | ||||
| > | ation Department, 5808 West Sunset Boulevard, Los Angeles, California 90028. Net | ||||
| > | flix will send any Demand for arbitration to the contact information that Netfli | ||||
| > | x has on file for you. | ||||
| 87 | (e) Arbitration Procedure and Forum. The arbitration will be conducted by a sing | ||||
| > | le arbitrator appointed according to the JAMS Rules. JAMS will propose arbitrato | ||||
| > | r candidates who have experience resolving disputes of the type asserted in the | ||||
| > | arbitration demand. The arbitrator will be bound by the JAMS Rules and by the te | ||||
| > | rms of this Arbitration Agreement. You and Netflix agree that the arbitration wi | ||||
| > | ll be conducted in the English language, all documents must be submitted to the | ||||
| > | arbitrator in English, and—unless the arbitrator orders otherwise for reasons of | ||||
| > | financial hardship—any translation services you request will be at your expense | ||||
| > | . | ||||
| 88 | For Disputes in which the claimant seeks less than $10,000 United States Dollars | ||||
| > | , the arbitrator will decide the matter solely on the basis of written submissio | ||||
| > | ns, without a formal hearing, unless the arbitrator decides that a formal hearin | ||||
| > | g is necessary. For matters in which the claimant seeks $10,000 United States Do | ||||
| > | llars or more, or smaller matters in which the arbitrator determines a hearing t | ||||
| > | o be necessary, hearings will be conducted by video or telephone, unless the arb | ||||
| > | itrator determines that an in-person hearing is necessary. If an in-person heari | ||||
| > | ng is required, and you reside in the United States, the hearing will take place | ||||
| > | in Los Angeles County, California unless the arbitrator determines that this wo | ||||
| > | uld pose a financial hardship for the claimant, in which case the in-person hear | ||||
| > | ing may be conducted in the claimant’s state and county of residence. If you res | ||||
| > | ide outside the United States, the site of any in-person hearing will be determi | ||||
| > | ned by the JAMS Rules. | ||||
| 89 | The arbitrator may issue orders (including subpoenas to third parties, to the ex | ||||
| > | tent permitted by law) allowing you and Netflix to conduct discovery sufficient | ||||
| > | to allow each party to prepare their claims and/or defenses, taking into conside | ||||
| > | ration both the amount in controversy and the principle that arbitration is desi | ||||
| > | gned to be a speedy and efficient method for resolving disputes. For example, yo | ||||
| > | u and Netflix agree that the Apex Doctrine applies and therefore precludes depos | ||||
| > | itions of either party’s current or former high-level officers absent a showing | ||||
| > | that the officer has unique, personal knowledge of discoverable information and | ||||
| > | less burdensome discovery methods have been exhausted. The arbitrator has the au | ||||
| > | thority to grant motions dispositive of all or part of any claim or Dispute and | ||||
| > | is encouraged to resolve matters as efficiently as possible under the circumstan | ||||
| > | ces of the Dispute. | ||||
| 90 | Unless you and Netflix agree otherwise, the arbitrator’s decision or award will | ||||
| > | include a written statement stating the decision of each claim and the basis for | ||||
| > | the award, including the arbitrator’s essential factual and legal findings and | ||||
| > | conclusions. | ||||
| 91 | To the fullest extent allowed by applicable law, the arbitrator may award only l | ||||
| > | egal or equitable remedies that are Individual to you or Netflix to satisfy one | ||||
| > | of our individual claims that the arbitrator determines are supported by credibl | ||||
| > | e relevant evidence. | ||||
| 92 | An arbitration award, and any judgment confirming it, applies only to that speci | ||||
| > | fic case; it cannot be used or offered as precedent in any other case except to | ||||
| > | enforce the award itself. For the sake of clarification only, rulings in arbitra | ||||
| > | tions involving Netflix and other persons have no preclusive effect in any arbit | ||||
| > | ration between you and Netflix, and the arbitrator will not give binding effect, | ||||
| > | as against either you or Netflix, to any decision or award rendered in any othe | ||||
| > | r arbitration proceeding involving a different party. | ||||
| 93 | Any decision or award may be enforced as a final judgment by any court of compet | ||||
| > | ent jurisdiction or, if applicable, application may be made to such court for ju | ||||
| > | dicial confirmation of any award and an order of enforcement. | ||||
| 94 | If the arbitration yields a monetary award that exceeds $1,000,000 United States | ||||
| > | Dollars, or a monetary award plus injunctive relief that the losing party demon | ||||
| > | strates will cost more than $1,000,000 United States Dollars to implement, or if | ||||
| > | the arbitration demand included a request for such relief exceeding $1,000,000 | ||||
| > | United States Dollars that the arbitrator declines to award, either party has th | ||||
| > | e right to appeal the award to an arbitration appellate panel. The notice of app | ||||
| > | eal must be served in writing on the opposing party within 14 days after the awa | ||||
| > | rd becomes final. JAMS will administer the appeal consistent with the JAMS Arbit | ||||
| > | ration Appeal Procedures. | ||||
| 95 | (f) Consumer Arbitration Fees. The terms of this section only apply to you if yo | ||||
| > | u are a Consumer, as the JAMS Rules and/or applicable law define that term. Othe | ||||
| > | rwise, the payment of arbitration costs will be determined exclusively by the JA | ||||
| > | MS Rules. | ||||
| 96 | If you, as a Consumer, start an arbitration against Netflix, you will pay the fi | ||||
| > | ling fee set by JAMS for consumer arbitrations. If you are seeking less than $5, | ||||
| > | 000 United States Dollars in total in your Dispute, and if you demonstrate to JA | ||||
| > | MS that paying the filing fee would be a financial hardship for you, Netflix wil | ||||
| > | l pay whatever portion of your filing fee that JAMS determines you lack the abil | ||||
| > | ity to pay. If you and other claimants asserting the same Dispute are represente | ||||
| > | d by common counsel, the amounts you and those other claimants are seeking will | ||||
| > | be aggregated for purposes of applying this paragraph, and each claimant will be | ||||
| > | responsible for their own filing fee. If Netflix starts an arbitration against | ||||
| > | you, Netflix will pay all filing fees. If you choose to be represented by an att | ||||
| > | orney in arbitration, you will pay your own attorneys’ fees and costs unless you | ||||
| > | prevail in the Dispute and applicable law allows you, as a prevailing party, to | ||||
| > | seek reimbursement of attorneys’ fees. | ||||
| 97 | (g) Requirement of Good Faith. Any finding by the arbitrator that a claim, count | ||||
| > | erclaim, defense, or argument violates the standards set forth in Federal Rule o | ||||
| > | f Civil Procedure 11 will allow the other party to seek to recover their reasona | ||||
| > | ble attorneys’ fees, costs, and expenses associated with defending against the c | ||||
| > | laim, counterclaim, defense, or argument. | ||||
| 98 | (h) Time Limit for Commencing Disputes. To the fullest extent permitted by appli | ||||
| > | cable law, you or Netflix must send a Notice of Dispute within two years from wh | ||||
| > | en the Dispute first arose. If applicable law requires you or Netflix to bring a | ||||
| > | claim for a Dispute sooner than two years after the Dispute first arose, that s | ||||
| > | horter deadline applies instead. The failure to provide a Notice of Dispute with | ||||
| > | in the time frames described in this section will bar the Dispute, which means t | ||||
| > | hat you and Netflix will no longer have the right to assert the Dispute in any f | ||||
| > | orum. | ||||
| 99 | (i) Coordinated Filings. If 25 or more Disputes are initiated with JAMS that rai | ||||
| > | se similar claims, and counsel for the claimants are the same or coordinated, th | ||||
| > | ese will be considered “Coordinated Cases.” Netflix will pay only its share of a | ||||
| > | rbitration fees for Coordinated Cases; the claimants will be responsible for the | ||||
| > | ir share of those fees as set by the JAMS Rules. Applicable statutes of limitati | ||||
| > | ons will be tolled for all claimants who have provided compliant Notices of Disp | ||||
| > | ute to Netflix, but demands for arbitration in Coordinated Cases will only be fi | ||||
| > | led with JAMS as permitted by the bellwether process set forth below. You and Ne | ||||
| > | tflix agree that Netflix is not required to pay any fees associated with cases t | ||||
| > | hat this Arbitration Agreement does not allow to be filed. | ||||
| 100 | Once all compliant Notices of Dispute have been provided to Netflix for Coordina | ||||
| > | ted Cases, counsel for claimants and counsel for Netflix will confer in good fai | ||||
| > | th regarding the number of cases that should proceed to bellwether arbitrations | ||||
| > | that will allow each side to test the merits of its arguments, before the remain | ||||
| > | der of claims may be filed with the arbitration provider. Any number chosen for | ||||
| > | bellwether arbitrations must be an even number so as to allow each side to desig | ||||
| > | nate half of the cases selected. If counsel for claimants and for Netflix do not | ||||
| > | agree on the number of bellwethers, the number will be chosen by JAMS as an adm | ||||
| > | inistrative matter (or, in JAMS’ discretion, by a process arbitrator). Factors t | ||||
| > | hat JAMS may consider in deciding how many bellwether arbitrations should procee | ||||
| > | d include the complexity of the dispute and differences in facts or applicable l | ||||
| > | aws among various claims. Once the number of bellwethers is decided, by agreemen | ||||
| > | t or by JAMS, each side will select half that number from among the claimants wh | ||||
| > | o have provided compliant Notices of Dispute, and only those chosen claims may b | ||||
| > | e filed with JAMS and proceed through the arbitration process. You agree that, i | ||||
| > | f your case is among Coordinated Cases of which Netflix has been notified, but n | ||||
| > | ot chosen as a bellwether, resolution of your personal claim might be delayed by | ||||
| > | this bellwether process. Nothing in this paragraph will be construed to delay t | ||||
| > | he resolution of uncoordinated Disputes based on similar claims to Coordinated C | ||||
| > | ases filed against Netflix. | ||||
| 101 | A single arbitrator will preside over each Coordinated Case chosen for a bellwet | ||||
| > | her proceeding, and only one Coordinated Case may be assigned to each arbitrator | ||||
| > | as part of a bellwether process, unless the parties agree otherwise. | ||||
| 102 | Once all bellwether trials have concluded (or sooner, if Netflix and counsel for | ||||
| > | the claimants in Coordinated Cases agree), the parties must make a good-faith e | ||||
| > | ffort to resolve all remaining Disputes that were not chosen for a bellwether pr | ||||
| > | oceeding by engaging in a single mediation of all remaining Disputes. Each side | ||||
| > | will pay half of the applicable mediation fees. Netflix and counsel for claimant | ||||
| > | s in Coordinated Cases must agree on a mediator within 30 days after the conclus | ||||
| > | ion of the last bellwether trial. If Netflix and counsel for claimants in Coordi | ||||
| > | nated Cases cannot agree on a mediator within 30 days, JAMS will appoint a media | ||||
| > | tor as an administrative matter. Netflix and counsel for claimants in Coordinate | ||||
| > | d Cases will cooperate for the purpose of ensuring that the mediation is schedul | ||||
| > | ed as quickly as practicable after the mediator is appointed. | ||||
| 103 | If the mediation does not yield a global resolution to the Coordinated Cases, th | ||||
| > | en claimants in Coordinated Cases who provided compliant Notices of Dispute but | ||||
| > | whose Disputes were not resolved in bellwether proceedings will no longer have t | ||||
| > | he right to arbitrate their Disputes. Instead, outstanding claims from such case | ||||
| > | s may be filed only in the state courts in Los Angeles County, California or, if | ||||
| > | federal jurisdiction exists, in the United States District Court for the Centra | ||||
| > | l District of California, and you consent as part of these Terms to venue for su | ||||
| > | ch cases exclusively in these courts. Nothing in this paragraph will be construe | ||||
| > | d as prohibiting either you or Netflix from removing a case from state to federa | ||||
| > | l court if removal is allowed under applicable law. To the extent you are assert | ||||
| > | ing the same claims as other persons and are represented by common or coordinate | ||||
| > | d counsel, you agree to waive any objection that the joinder of all such persons | ||||
| > | to the same case is impracticable. If a formerly arbitrable Dispute is brought | ||||
| > | in court, claimants may seek class treatment (as the sole exception to the class | ||||
| > | action waiver provision stated above) but, to the fullest extent allowed by app | ||||
| > | licable law, the putative classes may comprise only the claimants in Coordinated | ||||
| > | Cases who provided compliant Notices of Dispute, and Netflix reserves the right | ||||
| > | to contest class certification at any stage of the litigation and on any availa | ||||
| > | ble basis. | ||||
| 104 | A court, not an arbitrator, has the authority to enforce this bellwether process | ||||
| > | and may enjoin the filing of lawsuits or arbitration demands not made in compli | ||||
| > | ance with it. | ||||
| 105 | (j) Your 30-Day Right to Opt Out. You have the right to opt out of, and not to b | ||||
| > | e bound by, this Arbitration Agreement (but you may not opt out of the separate | ||||
| > | class action waiver). To opt out, you must notify Netflix in writing no later th | ||||
| > | an 30 days after first becoming subject to this Arbitration Agreement, unless a | ||||
| > | longer period is required by applicable law. Your opt-out notice must include yo | ||||
| > | ur name and address, the contact information associated with your Netflix accoun | ||||
| > | t (if you have one), and a clear statement that you want to opt out of this Arbi | ||||
| > | tration Agreement. You must send your opt-out notice to Opt-Out@netflix.com. Any | ||||
| > | attempt to opt out by any method other than the one listed above will be ineffe | ||||
| > | ctive. You, rather than an agent or representative, must send your own opt-out n | ||||
| > | otice. The opt-out notice may opt out, at most, only you, and any opt-out notice | ||||
| > | that purports to opt out multiple users will not be effective as to any of the | ||||
| > | users. No users (or their agents or representatives) may effectuate an opt-out o | ||||
| > | n behalf of other users. If you opt out of this Arbitration Agreement, all other | ||||
| > | parts of the Terms of Use will continue to apply to you. If you opt out of this | ||||
| > | Arbitration Agreement, your opt-out also applies to all previous versions of th | ||||
| > | is Arbitration Agreement, and to subsequent versions. If you opt out, Netflix wi | ||||
| > | ll not be bound by this Arbitration Agreement with respect to Disputes it has wi | ||||
| > | th you. Even if you opt out, you may elect voluntarily to pursue Disputes in arb | ||||
| > | itration, but you must follow all terms of this Arbitration Agreement if you do | ||||
| > | so. IF YOU DO NOT OPT OUT FOLLOWING THE INSTRUCTIONS IN THIS PARAGRAPH, YOU WILL | ||||
| > | BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. | ||||
| 106 | Once the 30-day period to opt out expires, you may only opt out of future materi | ||||
| > | al changes to the Arbitration Agreement by sending written notice within 30 days | ||||
| > | after Netflix provides notice of those changes, unless a longer period is requi | ||||
| > | red by law. You will remain bound by the Arbitration Agreement that you previous | ||||
| > | ly accepted. | ||||
| 107 | We hope and strongly encourage that, in the interest of resolving Disputes amica | ||||
| > | bly and fairly, you will use the Informal Resolution process to resolve Disputes | ||||
| > | even if you opt out of the Arbitration Agreement. | ||||
| 108 | (k) Survival. This Arbitration Agreement will survive any termination of your re | ||||
| > | lationship with Netflix until the expiration of all applicable statutes of limit | ||||
| > | ations. | ||||
| 109 | (l) Modification. Although Netflix may revise this Arbitration Agreement in its | ||||
| > | discretion (as it may modify any of these Terms of Use), Netflix does not have t | ||||
| > | he right to alter this agreement, or the arbitration rules specified herein, wit | ||||
| > | h respect to any Dispute once that Dispute arises if such change would make arbi | ||||
| > | tration procedures materially less favorable to the claimant. The question of wh | ||||
| > | ether a change is materially less favorable to the claimant will be decided by J | ||||
| > | AMS as a process matter. | ||||
| 110 | (m) Entire Agreement; Severability. This Arbitration Agreement is the full and c | ||||
| > | omplete agreement relating to the formal resolution of Disputes. If any provisio | ||||
| > | n of this Arbitration Agreement is found invalid, unenforceable, or illegal, the | ||||
| > | n you and Netflix agree that the provision will be severed, and the rest of thes | ||||
| > | e terms will remain in effect and be construed as if any severed provision had n | ||||
| > | ot been included. The sole exception is that, if the prohibition on class arbitr | ||||
| > | ations is found invalid, unenforceable, or illegal, you and Netflix agree that t | ||||
| > | his entire agreement to arbitrate (but not the separate class action waiver) wil | ||||
| > | l be void and unenforceable and any dispute will be resolved in court subject to | ||||
| > | the venue and choice of law clauses specified herein. | ||||
| 55 | Last Updated: April 10, 2026 | 111 | Last Updated: April 10, 2026 | ||
| 56 | Select your preferred language: | 112 | Select your preferred language: | ||
| 57 | Select a language | 113 | Select a language | ||
| n | 58 | Chinese (Simplified) | n | ||
| 59 | Chinese (Traditional) | ||||
| 60 | English | 114 | English | ||
| n | 61 | Filipino | n | ||
| 62 | French | ||||
| 63 | Indonesian | ||||
| 64 | Malay | ||||
| 65 | Spanish (Latin America) | 115 | Spanish (Latin America) | ||
| n | 66 | Thai | n | ||
| 67 | Vietnamese | ||||
| 68 | Terms of Use | 116 | Terms of Use | ||
| 69 | Privacy | 117 | Privacy | ||
| t | t | 118 | Do Not Sell or Share My Personal Information | ||
| 119 | Ad Choices | ||||
| 70 | Cookie Preferences | 120 | Cookie Preferences | ||
| 71 | Corporate Information | 121 | Corporate Information | ||
Watcher sends same-day email alerts when Netflix changes any tracked document. $9.99/month. Or try Professional free for 14 days.
Get alerts — $9.99/mo Try Professional