FrankSpeech Network Inc (INCTD)

[olico ™]

Here, read the NetFlix TOU, and its LONG, but it says it right down there......IN BOLD


Acceptance of Terms of Use
These Terms of Use govern your use of the Netflix service and Web site. By using, visiting, or browsing the Netflix Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Netflix service or Web site.

These Terms of Use are an ongoing contract between you and Netflix and apply to your use of the Netflix service and Web site. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
Netflix, Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Netflix Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the Netflix Web site or continued use of our service after changes are made means that you agree to be bound by such changes.

Privacy
Any information submitted on the Netflix Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works
Netflix is an online subscription movie rental service providing its members with access to a comprehensive library of motion picture, television and other filmed entertainment. Our most popular subscription plan allows subscribers to have three titles out at the same time, with no due dates, late fees or shipping charges. We offer a number of other subscription plans at varying price levels, including special promotional plans or subscriptions with limitations on the number of movies rentable during a month. Under all plans, subscribers select titles at our Web site, receive them on DVD by U.S. mail and return them using prepaid mailers. After a title is returned, we mail the next available title.

Below is a description concerning the operation of our service. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.

* The Number of DVDs You Can Rent

A large majority of our subscribers rent between 2-11 movies per month. The number of DVDs that you rent will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). We provide a number of different subscription plans to accommodate a variety of movie watching preferences. Click on the "Your Account" link, located at the top of the pages of the Netflix Web site and see "View Membership Terms" for details on the various plans we offer. In our unlimited plans, we do not establish a monthly limit on the number of DVDs you can rent, however, the actual number of DVDs you rent in any month will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below).

* Delivery Speed

We utilize a nationwide network of local distribution centers to send and receive DVDs you have selected to rent through the U.S. Postal Service. We have located these centers in such a manner as to provide fast and efficient delivery to our subscribers. Based on performance data from the U.S. Postal Service and our own analysis, we have determined that the large majority of our subscribers are able to receive their movies in about one business day following our shipment of the requested movie from their local distribution center. Please note that not all deliveries will be from your local distribution center. The delivery times you encounter will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). We will send you an e-mail letting you know when we have received a returned movie, and we will also send you another e-mail letting you know when we have shipped your next DVD, including the anticipated time of delivery.

* No Due Dates or Late Fees

Provided you continue to be a paying subscriber of our service, you may keep the DVDs delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the service). Given that we have no required return dates, we do not charge any late fees. You will be required to return the movies within 7 days following any cancellation of the service or be subject to charge for unreturned DVDs. Also, you may be charged for movies that you lose. As an additional member benefit, we will replace the occasional lost DVD free of charge. However, in the rare event that the number of lost DVDs on your account becomes excessive, as we may determine in our sole and absolute discretion, we will notify you that your account has been placed on hold for review and may charge your Payment Method for the estimated cost of the lost DVD(s). We will alert you of any potential charges prior to charging your Payment Method.

* Your Queue

Movies that you select to rent will be placed into your own rental queue. You may add movies or adjust the queue at anytime. Click the "Queue" tab to make adjustments, review requested movies or to see which movies you currently have out. We will determine which movies to send you based on the movies in your queue and the priority in which you have listed them. We endeavor to ship to you the movies listed highest in your queue; however when availability is limited, we may ship you movies lower on your queue. At the time a movie is added to your rental queue, we will let you know of its availability. A message indicating availability as "now"; "short wait"; "long wait" or "very long wait" will appear as you have selected a movie and it will also be stated in your queue so you can monitor availability. To see how we define these availability measures, click here. The availability you experience may vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). Adjustments made to your queue may not immediately impact your next shipment. In certain instances you may have adjusted your queue before you have received a shipment message when in fact a shipment was already processed. The adjustments will, however, impact subsequent shipments.

* Allocation, Delivery and Return of Rented DVDs

We reserve the right to allocate and ship DVDs among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of DVDs we purchase for any particular title and the level of staffing and number of shipments to be processed at each distribution center. As a result, we may not always send you the top choices from your queue, and we may not ship out your next DVD on the same day that we receive one from you. At present, our goal is to ship you the DVDs listed highest in your queue. Also, we currently try to ship you DVDs from the distribution center closest to you so that you get movies quickly. Often, on the same day that we receive a DVD from you, we will ship the next available DVD from your queue. In certain instances, your next available DVD will not ship until at least one business day following our receipt of your returned movie. This can occur, for example, when your top choices are not available to you from your closest distribution center or the number of shipments to be processed by the distribution center on that day has been exceeded. When this happens, your DVD will likely ship on the next business day and may come from an alternate distribution center.

In determining priority for shipping and inventory allocation, we give priority to those members who receive the fewest DVDs through our service. As a result, those subscribers who receive the most movies may experience that (i) the shipment of their next available DVD occurs at least one business day following return of their previously viewed movie, (ii) delivery takes longer, as the shipments may not be processed from their local distribution center and (iii) they receive movies lower in their queue more often than our other subscribers. Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution center from which your DVD was shipped and your delivery address, (ii) the timing of your placement or adjustment of movies in your queue and (iii) circumstances impacting delivery by the U.S. Postal Service.

We do not process returns or deliveries on Saturdays, Sundays or Holidays. We make no guaranty as to the shipping and delivery of DVDs and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes.

We will send you an e-mail letting you know when we have received a returned movie, and we will also send you another e-mail letting you know when we have shipped your next DVD, including the anticipated time of delivery.

Membership and Billing
You can find the specific details regarding your subscription with Netflix at anytime by clicking on the "Your Account" link, located at the top of the pages of the Netflix Web site.

* Free Trials

We encourage the use of our service through free trials. Free trials last for two weeks for eligible new subscribers. To view the specific details regarding your free trial, if any, click on the "Your Account" link located at the top of every Netflix Web site page and click "View Membership Terms."

Free trials are only available to first time customers of the Netflix service and cannot be combined with any other offer. Only one free trial may be redeemed per household. You must have Internet access and a valid credit card or debit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for approximately one month of service. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

We will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. To view the specific details of your subscription plan, including price and end date of your free trial period, click the "View Membership Terms" link on the "Your Account" page. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY NETFLIX WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel. You may cancel your subscription at anytime. We offer a number of subscription plans, including special promotional plans or subscriptions with limitations on the number of movies rentable in a month. Some of these promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. To view the details of your specific subscription plan, click the "View Membership Terms" link on the "Your Account" page. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).

* Billing

By using the Netflix service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Netflix service. Additional charges may include gift subscription purchases you make, movies you fail to return or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "View Membership Terms" link on the "Your Account" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the Netflix Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

* Automatic Renewals

Your Netflix subscription will be automatically renewed on a monthly basis. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.

* Cancellation

You may cancel your subscription to Netflix at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNWATCHED MOVIES. To cancel, click the word "Cancel" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed for such items.

We reserve the right to terminate your account for any or no reason.

Account Access; Identity Protection
In order to provide you with ease of access to your account, Netflix will place a cookie (a small text file) on any computer from which you access the Netflix Web site. When you revisit the Netflix web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit to the Netflix Web site.

If you find that you're a victim of identity theft and it involves a Netflix account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Netflix reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Netflix is not obligated to credit or discount a membership for holds placed on the account by either a representative of Netflix or by the automated processes of Netflix.

Disclaimers of Warranties and Limitations on Liability
The Netflix service and Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Netflix Web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the Netflix Web site, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the Netflix Web site, any losses or damages arising from the use of the content provided on the Netflix Web site, or any conduct by users of the Netflix service or Web site. We reserve the right to ship DVDs in our sole and absolute discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

In no event shall Netflix, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Netflix Web site, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property

* Copyright

All content included on the Netflix Web site and delivered to subscribers as part of the service, including DVDs, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Netflix, Inc., or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Netflix, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Netflix, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Netflix Web site, not to insert any code or product or manipulate the content of the Netflix Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Netflix reserves the right to terminate your membership hereunder if Netflix, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of DVDs rented to you by us or the copying or other unauthorized use of our proprietary content. Netflix does not promote, foster or condone the copying of DVDs or any other infringing activity. The use of DVDs rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Netflix Web site.

* Trademarks

Netflix is a registered trademark of Netflix, Inc. The Netflix logo, Netflix.com, Friends, Profiles, and CineMatch are trademarks or service marks of Netflix, Inc. The Netflix Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Netflix, Inc. The trademarks, service marks and trade dress of Netflix may not be used or reproduced without prior written approval from Netflix, Inc. and may not be used in connection with any product or service that is not affiliated with Netflix, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Netflix, or in any manner that disparages or discredits Netflix. The Sonic Eagle and Mailbox logos are trademarks of the United States Postal Service and are used only with the permission of the United States Postal Service (USPS is not affiliated with, connected to, sponsored by, or a sponsor of, Netflix.) Other trademarks that appear on the Netflix Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Netflix. Any images of persons or personalities contained on the Netflix Web site are not an indication or endorsement of Netflix or any particular product or our service unless otherwise indicated.

* Patents

The U.S. Patent & Trademark Office issued to Netflix U.S. Pat. No. 6584450 that covers our subscription rental service and several extensions and U.S. Patent No. 6966484 for its mailer. Netflix has other patents pending that apply to the Netflix Web site and our operations.

Entertainment and Web Site Content
We distribute movie, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the Netflix Web site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Netflix Web site are those of the respective authors or producers and not of Netflix, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall Netflix, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Netflix Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Netflix Web site.

Use of Information Submitted
Netflix, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Netflix ("Content"), including, without limitation, responses to questionnaires or through postings to the Netflix Web site 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 Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Netflix does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its 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 understanding 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 substantially similar to the idea you sent.

Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications
By using the Netflix service, you consent to receiving electronic communications from Netflix. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with Netflix and you receive them as part of the Netflix subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Your Conduct on the Netflix Web Site
By accessing the Netflix Web site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Netflix Web site. You also agree not to interfere with the servers or networks connected to the Netflix Web site or to violate any of the procedures, policies or regulations of networks connected to the Netflix Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Netflix Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Netflix Web site for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to subscribe to the Netflix service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While Netflix does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles" below). Unless otherwise specified, the content on the Netflix Web site is for your personal and non-commercial use and we grant you a limited license to access the Netflix Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Netflix Web site without our express written consent. Netflix does not promote, foster or condone the copying of DVDs or any other infringing activity. Any unauthorized use of the Netflix Web site or its contents will terminate the limited license granted by us.

Features

* FriendsSM

Our Friends feature allows you to share information with your friends, including information about movies, your Netflix movie ratings, queue information and reviews. Your queue information is what movies you have at home, what's currently in your queue and what movies you have rented in the past. We'll also provide unique ways to help you and your Friends share this information highlighting similarities and differences between ratings and providing you the chance to test your knowledge of your Friends through features like the Friend Quiz. It's all about sharing.

To use this feature you will need to create or join a group of one or more friends ("Friends List") by either (i) sending an e-mail through the Netflix service inviting your friends to join the program or (ii) accepting an invitation sent to you from one of your friends participating in the program. Additionally, when you invite someone to join your Friends List, that friend will receive instructions by e-mail on how to accept the invitation and join your Friends List. Your friend will also receive a notice about your invitation to join when he or she logs in to the Web site. Invitations to join will expire after one month. If you invite a friend who is not currently a subscriber, your friend will be given the opportunity to subscribe and must subscribe in order to join your Friends List.

To send an e-mail to a friend to join your Friends List, just click on "Invite Friends" at the Friends tab. You can send an e-mail invitation through the Netflix Web site to more than one friend, and can include your own personalized message or use the standardized text supplied by Netflix announcing the Friends feature to your friend. Your Friends List will identify who has been added to your list and who has an outstanding invitation.

Each person on your Friends List will be able to view your movie ratings, queue information and reviews, and you will be able to view their ratings, queue information and reviews. However, your friends cannot see the reviews, queue information and ratings provided to you by your other friends unless they are also part of that other friend's Friends List. Movies rated by those on your Friends List are marked by a purple Friend icon on your Friends page and while you are browsing our Web site. Your friends' average movie ratings are indicated by purple stars on the Friends page. To see the specific opinions of your friends, simply click on a rated movie's icon; you will be directed to that movie's detail display page where you will find friends' specific ratings and reviews.

If you are uncomfortable sharing any of this information with your Friends, you may remove anyone from your Friends List at any time by visiting the Friends tab, clicking the "Manage" button below the list of your friends and deleting that friend from the list. You may also remove yourself at anytime from the Friends feature entirely by visiting the Friends tab, clicking the "Manage" button below the list of your Friends and removing all Friends from your Friends List. This takes you off of all of your friends' Friends Lists and removes your friends from your own Friends List.

You should be aware that your use of the Friends feature will cause information concerning your use of the Netflix service, such as what movies you have viewed, the movies you have at home, the movies you want to watch, and your opinions of movies you've rated, to be transmitted to the individuals on your Friends List. Those who receive your invitation to join your Friends List will know you are a Netflix subscriber, and will receive the information you supply in your e-mail invitation, whether or not they accept your invitation to join. We do not review the content of the e-mail invitations sent through the Netflix Web site by you to your Friends. You are responsible for such content; provided however, we reserve the right to reject, remove or edit such e-mails at anytime without notice. In accordance with our Privacy Policy, Netflix only provides your personally identifying information to individuals on your Friends List with your consent, which is evidenced by your use of the Friends feature. BY USING THE FRIENDS FEATURE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO THOSE ON YOUR FRIENDS LIST. Use of the Friends feature is for your personal, non-commercial use and is at your own option and risk. We reserve the right to modify the Friends feature at any time without notice. Please click on the "Friends" tab on any Netflix Web site page for further information about the Friends feature.

* ProfilesSM

Our Profiles feature allows you to create separate sub-accounts, called Profiles, under one subscription plan. Each Profile will be able to have its own ratings history and recommendations tailored to the sub-account member's tastes, its own community of Friends, and its own queue.

To create a new Profile, the member who created the first Netflix account and whose Payment Method is charged, known as the Account Owner, must click on the" Your Account" link and click on "Add Profile." An Account Owner may create up to 4 additional Profiles.

The Account Owner has access and control over each Profile, including all of the information provided and features selected for that Profile such as the sub-account member's name, password, maturity level and ability to participate in the community features. The Account Owner's control over Profiles is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit sub-account members from contacting Netflix Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last 4 digits of their Payment Method to sub-account members. A Profile's individualized password, established by the Account Owner, allows each sub-account member to gain access to the tailored Profile features, recommendations and queue. All information within each Profile is personal to that Profile and cannot be seen by other sub-account members. The Account Owner, however, can see all such information. The Account Owner may terminate access to any Profile by changing the sub-account member's password and not disclosing this to that sub-account member. The sub-account member will not be able to log in upon his or her next attempt to do so.

The Account Owner will determine how to allocate DVDs among the sub-account members provided, however, the total number of DVDs cannot exceed the number that are available in your plan. The Account Owner will receive e-mail delivery notices informing the Account Owner of all DVDs shipped under the Account. The sub-accounts members will not receive any e-mail notices.

BY ESTABLISHING A PROFILE, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT ALL SUB-ACCOUNT MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE SUB-ACCOUNT MEMBERS.

For Account Holders setting up Profiles for Children: While the Profiles feature is not directed at collecting information from children under the age of 13, Account Owners who wish to create Profiles for children to manage their Netflix sub-accounts are permitted to do so subject to our Terms of Use. The Profiles features allow the Account Owner (i) to restrict the maturity level of DVDs that may be placed in the sub-account member's queue, (ii) to have the DVD mailer addressed to the Account Owner instead of the sub-account member and (iii) to allow or deny participation in our community feature called "Friends". For more details on our community feature, see "Friends" above. The Account Owner may restrict access to community features at any time by clicking on the "Your Account" link and adjusting the Profile settings.

Setting a maturity restriction affects which movies are presented to the restricted sub-account member on the Netflix website, will block movies with more mature ratings from being added to that sub-account member's queue, and will prohibit that sub-account member from viewing previews for the restricted movies. However, the restriction on adding these movies to the queue can be overridden on a movie-by-movie basis by entering the Account Owner's password after clicking the 'add' button associated with the desired movie. Furthermore, the maturity restriction does not limit movies that may be recommended by or recommended to maturity-limited Profiles through the Friends feature. If the movie is beyond the sub-account member's allowed maturity level, they will not be able to view the preview or add that movie to their queue but they will be able to see the title of the movie and read the synopsis that is provided.

You may address any concerns or questions regarding the information collected to Netflix's General Counsel at 970 University Avenue, Los Gatos, CA 95032.

BY CREATING A PROFILE FOR A CHILD, YOU ARE EXPRESSLY CONSENTING TO NETFLIX COLLECTING THE INFORMATION YOU PROVIDE IN ESTABLISHING THE PROFILE AND UNDERSTAND THAT NETFLIX WILL ASSOCIATE RATINGS PROVIDED BY THE SUB-ACCOUNT MEMBER WITH THE INFORMATION YOU PROVIDE. THE PERSONALLY IDENTIFYING INFORMATION IS SUBJECT TO OUR PRIVACY POLICY. IF YOU DO NOT WISH TO SHARE PERSONAL INFORMATION, YOU MAY PROVIDE A FICTITIOUS FIRST AND LAST NAME.

We reserve the right to modify the Profiles feature at any time without notice.

* RSS Feeds

We offer RSS feeds as a convenient way to pass information about your Netflix account or that is publicly available on the Netflix site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. By using the Netflix RSS feeds you acknowledge and agree to the following: (i) if you use the personalized RSS feeds relating to your own Netflix account, you are consenting to the information about your account being transferred to the location of the RSS feed as enabled by you; (ii) while Netflix will not pass personally identifying information in the feed, your use may cause such information to be associated with you (it is your responsibility to handle the feed and your personal information associated with it as you deem appropriate); (iii) you shall not modify the feeds in any way, including the associated attribution to Netflix; (iv) use of the Netflix RSS feeds is for your personal, non-commercial use and is at your own option and risk. Netflix makes no representation or warranty regarding its RSS feeds and reserves the right to modify or terminate the feeds at any time without notice.

* Member Reviews

We permit you to post reviews on the Netflix Web site. By submitting a review, you agree to the terms hereunder and acknowledge that such postings and all information therein will be posted on our Web site. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. However, the use of a pseudonym that will be publicly displayed with the review is permitted so long as it is individualized and not otherwise misleading. We do not regularly review the content posted on the Netflix Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's creative personnel; or a discussion of Netflix policies or services. Please click on the "Member Reviews" link on any movie page for a link to the guidelines for writing and posting member reviews. See also "Use of Information Submitted" above.

Sale of Previously-Viewed Titles
We offer select previously-viewed titles for sale through our Web site. Click on the "Buy Movies" link at the top of any Netflix Web page to view the titles that are available for sale. The titles available for sale may change from time to time and are subject to continued availability.

We sell these previously-viewed titles to members only. To make a purchase, just click "Buy" next to your chosen title and confirm your purchase as instructed. Your DVD purchase will be charged to your existing Payment Method and will be shipped for free to the current address in "Your Account." Applicable taxes will be added to the purchase price, but there are no other additional charges. The title will be shipped in a DVD case with its original cover artwork.

If for any reason you are not satisfied with any DVD that you purchase from us, we will replace it or provide you a refund, all in accordance with the following policy:

1. If the movie you ordered arrives damaged or is lost on its way to you we will send out a replacement. To report lost or damaged DVDs, visit "Billing Activity" in "Your Account" and click "Report Problem". Follow the instructions and we will send a replacement to you. If you subsequently receive the lost DVD, please return it to us with its artwork and case in the envelop you received it in to PO BOX 49021, San Jose, CA 95161-9959. We reserve the right to limit replacements sent if we believe, in our sole and absolute discretion, that a request for replacements is in connection with any fraud or other deceitful activity.
2. If you decide you want to return the movie for a refund we must receive notification of your intent to return within 15 business days of the date of our initial shipment to you to process your refund. To notify us of your intent to return, please contact Customer Service. We will issue a credit to your billing method on record and email you a confirmation. Then, please mail a copy of the confirmation email along with the movie, artwork and case to PO BOX 49021, San Jose, CA 95161-9959. Please note that we do not process exchanges; if you would like to purchase a different title, please treat that as a new purchase.

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

Links
Some of the hyperlinks and banners on the Netflix Web site may lead to other Web sites that are not controlled by, or affiliated with, Netflix, Inc. In addition, other Web sites may link to the Netflix Web site. Netflix has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

Gift Subscriptions
We offer for sale on the Netflix Web site various Gift Subscriptions redeemable for the Netflix service. We will automatically bill your Payment Method for any purchased Gift Subscriptions. Gift Subscriptions are subject to the terms and conditions set forth on the "Gift Subscription" page.

Claims of Copyright Infringement
It is the policy of Netflix to respect the intellectual property rights of others. Netflix does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Netflix Web site, or know of someone who is making unauthorized use of the content of the Netflix Web site, please notify us of your concern by submitting a written notice to us at the following address:

Netflix, Inc.
970 University Avenue
Los Gatos, CA 95032
Attention: General Counsel

Your notice must be signed and contain the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Netflix Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright notice hotline is [phone] and the email address is [e-mail]. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us.

Disputes
You and Netflix agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Santa Clara shall have exclusive jurisdiction over any dispute between you and Netflix relating in any way to the Netflix service or Web site or these Terms of Use. You and Netflix expressly and irrevocably consent to personal jurisdiction and venue in these courts.