Netflix Production Services Terms of Use

These Terms of Use (the “Terms”) apply to all of our Netflix applications and related services made available to you by Netflix, Inc. and its affiliates (“Netflix”) to facilitate Your work in creating content or other materials for use by Netflix (“Netflix Production Services”). Through the Netflix Production Services, you may have access to a variety of resources and content. Netflix Production Services include software and software-based services (“Netflix Software”) as well as audio and visual content, data, documents and other information and materials (“Netflix Materials”). By accessing or using any Netflix Production Services, You (as the individual, company or legal entity that will be using the Netflix Production Services) agree to be bound by these Terms.

1. Right to Use. Netflix grants You a limited, non-transferable, royalty-free right to use the Netflix Production Services solely to facilitate Your work in creating content or other materials for use by Netflix provided You (i) do so in accordance with all applicable laws, rules and regulations; (ii) do not distribute, modify, or create derivative works based on the Netflix Production Services except as expressly authorized by Netflix; (iii) do not reverse engineer, disassemble or decompile the Netflix Software except as expressly authorized by applicable law for the purposes of interoperability; and (iv) do not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Netflix Production Services.

2. Security and Accessing the Netflix Production Services. You agree not to access or use the Netflix Production Services in any manner that could damage, disable, overburden, or impair any accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Netflix Production Services or any accounts, computer systems or networks. Access to and use of password protected or secure areas of the Netflix Production Services are restricted to authorized users only. Each Netflix user is required to have a separate username and password, and You agree not to share Your password(s), account information or access to the Netflix Production Services with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and You are responsible for all activities that occur through the use of Your password(s) or account(s) or as a result of your access to the Netflix Production Services. You agree to notify Netflix immediately of any use of Your password(s) or account(s) that You did not authorize or that is not authorized by these Terms.

3. Reservation of Rights. Netflix and its licensors exclusively own all right, title and interest in and to the Netflix Production Services, including all associated intellectual property rights. You acknowledge that the Netflix Production Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Netflix Production Services. We welcome feedback, comments and suggestions for improvements to the Netflix Production Services ("Feedback"). By submitting Feedback, You grant to Netflix a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under all intellectual property rights that You own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any obligations to You.

4. Privacy. Please refer to our Privacy Statement for information on how we collect, use, disclose, and secure information from our users.

5. Confidentiality. The Netflix Production Services may contain confidential Information of Netflix and others. Confidential Information includes all information available through the Netflix Production Services that is not already a matter of public knowledge. You agree to hold all Confidential Information in confidence. You agree to protect the Confidential Information using the same degree of care to prevent the unauthorized, use, dissemination or publication of the Confidential Information as You use to protect Your own confidential information but in no event less than a reasonable degree of care. You also agree to use the Confidential Information only as needed to facilitate Your work in creating content or other materials for use by Netflix.

6. Changes to Terms or Services. We may update the Terms and change or discontinue all or any part of the Netflix Production Services at any time. We may also suspend or terminate Your access to the Services at any time without notice to You. If You continue to use the Netflix Production Services after we have posted updated Terms, You agree to be bound by the updated Terms. You may cancel your Netflix account at any time by sending an email to us via the help feature available on the Netflix Production Services. Upon termination, You must immediately stop using and destroy all copies of the Netflix Production Services within your possession or control. The Reservation of Rights, Confidentiality, Warranties and Liability and General sections of these Terms will survive any termination, discontinuation or cancellation of the Netflix Production Services or Your Account.

7. Warranties and Liability. THE NETFLIX PRODUCTION SERVICES, AND ALL NETFLIX PRODUCTION SERVICES PROVIDED ON THE SITE, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Netflix will not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of the Netflix Production Services or Your use thereof. This limitation shall apply even if Netflix was advised of, or should have been aware of, the possibility of such damages. Some jurisdictions do not allow certain exclusions or limitations. In such jurisdictions, the exclusions and limitations stated in these Terms shall apply to You to the maximum extent permitted by law.

8. General. You may not assign the rights granted in these Terms, in whole or in part and whether by operation of contract, law or otherwise, without Netflix's express written consent. Netflix may audit Your use of the Netflix Production Services. These Terms will be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. If any provision of these Terms is found partly or wholly illegal or unenforceable, that provision will be enforced to the maximum extent permissible and remaining provisions of these Terms will remain in full force and effect. A waiver of any breach or default under these Terms will not constitute a waiver of any other subsequent breach or default. You may not use or otherwise export or re-export the Netflix Production Services except as authorized by applicable United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by Netflix. In particular, but without limitation, the Netflix Production Services may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Netflix Production Services, You represent and warrant that you are not located in any such country or on any such list. These Terms represent the complete and exclusive agreement between You and Netflix relating to the Netflix Service(s) and supersede any previous or contemporaneous oral or written communications between You and Netflix related to Netflix Production Services.

Last Updated: November, 25 2019