“You Don’t Deserve This” Meme Generator Experience

Privacy and Submission Terms

Welcome to the “You Don’t Deserve This” Meme Generator Experience (“Experience”)! This Privacy and Submission Terms document (“Terms”) explains our privacy practices and terms for this Experience. By interacting with the Experience you agree to these Terms.

You must be at least 13 years of age to interact with this Experience. Note that 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.

This Experience is brought to you by Netflix, Inc., 100 Winchester Circle, Los Gatos, CA 95302, USA. For questions about our privacy practices or these Terms, please contact us by email at amusement@netflix.com. You can also write to us at the above address. Please include the name of the Experience if you contact us.

Privacy

The Experience allows you to enter/upload text, which we will use to provide you with a short customized photo/video experience that you can download and/or share through social or other sharing applications (such as Facebook, Twitter and Tumblr). Social plugins and social applications are operated by the social network themselves, and are subject to their terms of use and privacy/data policies.

When you interact with us, certain information may be collected automatically, such as statistics on interactions with activities. We use this information for the support of internal operations, such as to conduct research and analysis to address the performance of the Experience, and to generate aggregated or de-identified reporting for our use.

We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to help us to provide this Experience to you. For example, we use Service Providers to provide infrastructure and IT services (like hosting the video). We do not authorize Service Providers to use information except in connection with providing their services, subject to the following safety issues. We and our Service Providers may disclose and otherwise use information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, 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, our content partners, users or the public, as required or permitted by law.

We use reasonable administrative, logical, physical and managerial measures to safeguard your information against loss, theft and unauthorized access, use and modification. We may retain information as required or permitted by applicable laws and regulations, including to fulfill the purposes described in these Terms.

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

Intended use of the Experience

This Experience and any content viewed or generated during the Experience are for your personal and non-commercial use only. During your use of the Experience, we grant you a limited, non-exclusive, non-transferable, license to access the Experience content and activities. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Experience for public performances. You are responsible for all Internet access charges.

You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Experience without express written permission from Netflix and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Experience; use any robot, spider, scraper or other automated means to access the Experience; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Experience; insert any code or product or manipulate the content of the Experience in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Experience, including any software viruses or any other computer code, files or programs.

Rules of conduct

In using the Experience, you agree to comply with the following “Rules of Conduct” as updated from time to time by us. We reserve the right to moderate (including removing) any information or materials at any time from this Experience that violate these Rules of Conduct. While we may monitor and moderate your Content submitted via the Experience, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Experience.

You are prohibited from posting or transmitting, through or in connection with the Experience: Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and Any material non-public information about a company without the proper authorization to do so.

In addition, you will not: Use the Experience for any fraudulent or unlawful purpose; ii. Use the Experience to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Experience; iii. Impersonate any person or entity, including any of our (or our affiliated entities’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make; iv. Interfere with or disrupt the operation of the Experience or the servers or networks used to make the Experience available; or violate any requirements, procedures, policies or regulations of such networks; Access or use the Experience through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets); Restrict or inhibit any other person from using the Experience (including by hacking or defacing any portion of the Experience); Use the Experience to advertise or offer to sell or buy any goods or services without our express prior written consent; Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Experience; Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Experience; Remove any copyright, trademark or other proprietary rights notice from the Experience or materials originating from the Experience; Frame or mirror any part of the Experience without our express prior written consent; Create a database by systematically downloading and storing all or any Experience content; or Use any robot, spider, Experience search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Experience, without our express prior written consent.



Content you share with us

You represent and warrant that you have obtained all necessary or advisable consents and permissions to share your Content (text and/or images) with us. In addition, you grant to Netflix, our Service Providers and our affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for Netflix’s, our Service Provider’s and/or the affiliated entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive any termination of your use of the Experience. For all of the Content you share through the Experience, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Experience, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy, publicity, or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive and agree not to enforce (as applicable) any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit.

Content ownership

The Experience, including all content provided on the Experience, is protected by copyright, trade secret or other intellectual property laws and treaties. Netflix is a registered trademark of Netflix, Inc.

Liability

You acknowledge that this Experience and all content, information and materials made available through this Experience are provided to you “as is” without any express warranties or representations of any kind. Netflix, its affiliated entities and their respective licensors disclaim all statutory and implied representations, warranties, terms and conditions with respect to this Experience and all Content, information and materials made available through this Experience, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. No advice or information obtained through the experience will create a warranty not expressly made herein. NEITHER NETFLIX NOR ITS AFFILIATED ENTITIES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE EXPERIENCE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE EXPERIENCE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. Our maximum liability for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise is limited to USD 100. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Netflix its affiliated entities, and any other party involved in creating, producing or delivering the Experience, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Experience; (b) any violation of these terms of use by you or others that you include in your Content (if any) or through any account you create in connection with the Experience or (c) any allegation that any Content that you make available or create through the Experience, infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Termination

Netflix reserves the right, at its sole discretion, to modify, discontinue or terminate the Experience at any time without prior notice.You agree that we may terminate your access to or use of the Experience or any portion thereof, at any time, if you breach these Terms, or we reasonably believe that you have breached these Terms, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the Experience will immediately cease. You agree that any termination of your access to or use of the Experience may be effected without prior notice to you. You further agree that neither we nor our affiliated entities will be liable to you or any third party for any termination of your access to or use of the Experience. The following sections shall survive any expiration or termination of these Terms: Intended Use, Content you share with us, Content ownership, Liability, Indemnity, and General.

General

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. By using, visiting, or browsing the Experience, you accept and agree to these Terms. If you do not accept these Terms and/or any updates to these Terms, please do not use this Experience.