On Friday, 10 August 2012 16:13:03 UTC+5:30, Pantsburgh wrote: > Netflix ToU & PP > > > > > > Netflix also has a > DVD Terms & Conditions for DVD subscribers. I read this and > there wasn't anything interesting in it – just an explanation of > how the DVD service works. > > > > > > [1] ToU and PP pages are > organized and formatted well. Index at the top with links to #anchors > down the page. The pages are long, but the index helps alleviate that > a lot. > > > > > > Privacy Policy > > https://account.netflix.com/PrivacyPolicy > > > > > > [2] (not sure if this is bad, maybe just a notification?) > Non-personal info can be disclosed in any way. This is the same as > Steam. > > > > > > Non-personal information is > information that does not permit direct association with you. We may > collect, use, transfer and disclose non-personal information for any > purpose. > > > ... > > We also provide analysis of our > users in the aggregate or otherwise in anonymous form to prospective > partners, advertisers and other third parties. > > > > > > > [3] (bad) Personal info used for > service, and also for 1st party advertising on behalf of > 3rd parties. > > > > > > We keep track of your interactions > with us and collect information related to you and your use of our > service, including but not limited to your online activity, title > selections, reviews and ratings, payment history and correspondence > as well as Internet protocol addresses, device types, unique device > data, such as device identifiers, operating systems, any instant > watching of movies, TV shows and related activity. We use this > information for such purposes as (list of stuff necessary for running > the service). > > > ... > > From time to time, we may partner > with companies whose products we believe will interest our members. > In conjunction with these partners, we may send promotional > announcements and/or serve web-based advertisements on their behalf, > as permitted by law. You can go to the "Manage mailing > preferences" link on the "Your Account" page and > request that your name be excluded from marketing emails or postal > mail. > > > > > > > [4] (bad) Netflix discloses personal > info if requested (not court ordered) by law enforcement, with no > notifications. > > > > > > Netflix also reserves the right to > disclose personal information if we reasonably believe that access, > use, preservation or disclosure of such information is reasonably > necessary to (a) satisfy any applicable law, regulation, legal > process, or enforceable governmental request, (b) enforce applicable > terms of use, including investigation of potential violations > thereof, (c) detect, prevent, or otherwise address illegal or > suspected illegal activities, security or technical issues, or (d) > protect against harm to the rights, property or safety of Netflix, > its users or the public as required or permitted by law. In > connection with any reorganization, restructuring, merger or sale, or > other transferring of assets we reserve the right to transfer > information, including personal information, provided that the > receiving party agrees to respect your personal information in a > manner that is consistent with our privacy policy. > > > > > > > [5] (note) 18 year old > requirement. > > > > > > You must be 18 years of age or older > to subscribe to the Netflix service. In certain jurisdictions, the > age of majority may be older than 18, in which case, you must satisfy > that age in order to become a member. While individuals under the age > of 18 may utilize the service, they may do so only with the > involvement, supervision, and approval of a parent or legal guardian, > and subject to our Terms > of Use . > > > > > > > [6] (good) Users can request access > and deletion of personal info. > > > > > > With respect to your personal > information, you can request access and that we correct or delete > this personal information by emailing your request to > [email protected]. > > > > > > > [7] (bad) Cookies required. This > is probably more of a functional issue than a privacy issue. > > > > > > The Help portion of the toolbar on > most browsers will tell you how to prevent your browser from > accepting new cookies, how to have the browser notify you when you > receive a new cookie, or how to disable cookies altogether. If your > browser is set to not accept any cookies, you will not be able to use > the Netflix service or website. > > > > > > > [8] (bad?) Netflix uses 3rd > party advertisers that use tracking cookies to target ads. > > > > > > We use third-party advertising > companies to serve ads. These companies may use information about > your visits to this and other Web sites in order to provide > advertisements about goods and services of interest to you. If you > would like more information about this practice and to know your > choices about not having this information used by these companies > click > here . > > > > > > > [9] (bad) No liability for > improper access to your personal information. > > > > > > Unfortunately, no security system > can be guaranteed to be 100% secure. Accordingly, we cannot guarantee > the security of your information and cannot assume liability for > improper access to it. > > > > > > > [10] (bad) No notifications > about policy changes. Agreeing to the PP and ToU also means you agree > to any changes in the future. > > > > > > As we update and expand our > services, we may make changes to this policy. You should check back > for updates to this policy from time to time. You acknowledge that > your assent to the Terms > of Use and Privacy Policy subsequent to any changes made > following your initial consent as well as, your use of the Netflix > website or continued use of our service after our posting of changes > to this policy, means that you agree to be bound by such changes. The > most current version of this Privacy Policy can be reviewed by > visiting our website and clicking on "Privacy Policy" > located at the bottom of the pages of the Netflix website. The most > current version of the Privacy Policy will supersede all previous > versions. We will post prior version(s) on our website when the > Privacy Policy is updated. You can see changes from previous versions > of the Privacy Policy by visiting our website and clicking > here. > > > > > > > > > > > Terms of Use > > https://account.netflix.com/TermsOfUse > > > > > > [10] (bad) Notifications about > ToU changes not required. > > > > > > Netflix reserves the right, from > time to time, with or without notice to you, to change these Terms of > Use, including the Privacy Policy and EULA, in our sole and absolute > discretion. > > > > > > > [11] (good) Can cancel at any > time. > > > > > > You may cancel your Netflix > membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY > PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. > > > > > > > [12] (bad) Netflix can terminate > your account for any reason without notice. > > > > > > > We reserve the right to terminate or > restrict your use of our service, without notice, for any or no > reason whatsoever. > > > > > > > [13] (bad) Netflix has an > unlimited license to user generated content or feedback without > attribution. In the context of the service this is not a big deal to > me personally. Netflix isn't a place I go to share photos or interact > socially. > > > > > > Netflix is free to use any comments, > information, ideas, concepts, reviews, or techniques or any other > material contained in any communication you may send to us > ("Feedback"), including responses to questionnaires or > through postings to the Netflix service, including the Netflix > website and user interfaces, without further compensation, > acknowledgement or payment to you for any purpose whatsoever > including, but not limited to, developing, manufacturing and > marketing products and creating, modifying or improving the Netflix > service. Furthermore, by posting any Feedback on our site, submitting > Feedback to us, or in responding to questionnaires, you grant us a > perpetual, worldwide, non-exclusive, royalty-free irrevocable > license, including the right to sublicense such right, and right to > display, use, reproduce or modify the Feedback submitted in any > media, software or technology of any kind now existing or developed > in the future. > > > > > > > [14] (bad) Lawsuit and class > action waiver. Arbitration agreement. Survives termination of ToU > agreement. > > > > > > You and Netflix agree that any > dispute, claim or controversy arising out of or relating in any way > to the Netflix service, including our website, user interfaces, these > Terms of Use and this Arbitration Agreement, shall be determined by > binding arbitration instead of in courts of general jurisdiction. > Arbitration is more informal than a lawsuit in court. Arbitration > uses a neutral arbitrator instead of a judge or jury, allows for more > limited discovery than in court, and is subject to very limited > review by courts. Arbitrators can award the same damages and relief > that a court can award. You agree that, by agreeing to these Terms of > Use, the U.S. Federal Arbitration Act governs the interpretation and > enforcement of this provision, and that you and Netflix are each > waiving the right to a trial by jury or to participate in a class > action. This arbitration provision shall survive termination of this > Agreement and the termination of your Netflix membership. > > > > > > > YOU AND NETFLIX AGREE THAT EACH MAY > BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL > CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED > CLASS OR REPRESENTATIVE PROCEEDING.
I dont see a problem if an alternate legal remedy is provided in the clause, they are not absolutely waiving your right to legal action but are just navigating through other mechanisms to provide legal redressal which actually is appreciated to be a more efficient-cost wise,time wise method of delivering justice. Even the courts have discouraged litigation when alternate remedies exist. -- tosdr.org | twitter.com/tosdr | github.com/tosdr --- You received this message because you are subscribed to the Google Groups "Terms of Service; Didn't Read" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. Visit this group at http://groups.google.com/group/tosdr. For more options, visit https://groups.google.com/d/optout.
