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Netflix Reality Casting Terms of Use

These Terms of Use apply to your access and use of this website, including all content, features, activities and services accessed therein (collectively, the “Experience”). The Experience is administered and made available to you by Netflix Worldwide Entertainment, LLC and/or our affiliated companies (collectively “Netflix”), including our agents and contractors (“Experience Providers”). By accessing and using the Experience, you agree to be bound by these Terms of Use.

Right to Use. You must be at least 21 years of age to interact with this Experience. Accessing and using the Experience is for your personal and non-commercial use only. Netflix grants you a limited, non-transferable, royalty-free right to access and use the Experience provided that you: (i) do so in accordance with all applicable laws, rules and regulations; (ii) do not 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 the express written permission from Netflix and its licensors; (iii) do not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Experience; (iv) do not use any robot, spider, scraper or other automated means to access the Experience; (v) do not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Experience; (vi) do not 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; and (vii) do not upload, post, email 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. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

Security and Accessing the Experience. You agree not to access or use the Experience 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 Experience, or any accounts, computer systems or networks. Access to and use of password protected or secure areas of the Experience are restricted to authorized users only. Each 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 Experience 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 Experience. 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 of Use.

Reservation of Rights. Netflix and its licensors exclusively own all right, title and interest in and to the Experience, including all associated intellectual property rights. You acknowledge that the Experience is 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 Experience. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Experience, please notify us by completing the Copyright Infringement Claims form (www.netflix.com/copyrights).

User Generated Content. The Experience provides the ability to express interest in potentially appearing on Netflix reality projects through communicating, uploading or otherwise making available text, images, audio, video or other content (“User Generated Content”). User Generated Content should be submitted solely for this purpose and not for purposes of submitting creative ideas or pitches. By submitting User Generated Content through the Experience, you:

  1. warrant that all parties appearing in the User Generated Content is at least eighteen years of age;

  2. warrant that you possess all rights, title and authority to submit the User Generated Content through the Experience, including (where applicable and without limitation) the informed consent of any third party/parties appearing in, or who may have interest in, the User Generated Content;

  3. agree that the User Generated Content is a “work made for hire” and Netflix (or its relevant affiliate) shall exclusively own the User Generated Content. To the extent that the User Generated Content does not qualify as work made for hire, then, to the fullest extent allowable under applicable law, you assign to Netflix and its affiliates all rights (including copyright) in and to the User Generated Content. To the extent that you have moral rights in the User Generated Content, in as far as permissible under applicable law, you hereby agree to waive any and all moral rights in the User Generated Content. To the extent that the moral rights in the User Generated Content cannot be waived, you agree to not invoke your moral rights in the User Generated Content to the fullest extent permitted by applicable law.

  4. grant Netflix and its Experience Providers the ability to modify, adapt, publish, copy, display, repost, make derivative works of, communicate to the public, or otherwise deal with such User Generated Content as Netflix and its Experience Providers see fit;

  5. represent that the User Generated Content is in compliance with applicable laws and regulations and is not obscene, defamatory, discriminatory, threatening, pornographic, libelous, harassing, hateful, racially or ethnically offensive or capable of encouraging conduct that would be considered a criminal offense;

  6. agree to indemnify Netflix, its affiliates, agents and Experience Providers against any and all claims from third parties that the User Generated Content infringes any third party rights;

  7. understand that you will not receive compensation for your User Generated Content;

  8. agree to waive any and all of your portrait rights (to the extent allowed under applicable law) and have asked any third parties of whom portraits have been used (if any) for their consent to use portraits/pictures in the User Generated Content; and

  9. agree to execute all such assignments or other documents and take such actions as may be required by Netflix or its Experience Providers to effectuate ownership and otherwise give effect to the rights granted in this paragraph.

You understand that Netflix and/or its affiliates may have or may in the future receive or develop materials that may be similar to or contain identical elements to those in your User Generated Content. Netflix has the unrestricted right to use these materials without any obligations to you of any kind and you shall have no right or recourse against Netflix for use of these materials. If you do not agree to this, please do not upload User Generated Content.

By submitting User Generated Content through this Experience, and providing your email address and other details, you agree to receipt of email messages from Netflix and its affiliates related to your User Generated Content and/or casting opportunities. You can unsubscribe from such emails at any time by clicking on the “unsubscribe” link in the footer, or by emailing unsubscribe@netflixreality.com and requesting to unsubscribe from these emails.

Name and Likeness. By interacting with the Experience, you grant to Netflix and our respective successors and assigns, and anyone authorized by any of them, the irrevocable, perpetual, worldwide, non-exclusive right to record, depict, and/or portray you, and grant to others the right, but not the obligation, to record, depict, and/or portray you, and use your actual or simulated likeness, name, photograph, voice, actions, etc. related to your User Generated Content and/or this Experience in connection with the development, production, distribution, exploitation, advertising, promotion and publicity of the Netflix service, any content, and/or this Experience, in all media, now known and later devised, and all languages, formats, versions, and forms related to such Experience without compensation to you or any other individual, unless prohibited by law.

Release of Claims. You hereby release Netflix, its affiliates, employees, agents, Experience Providers, and anyone acting on its or their behalf, of and from any and all claims or causes of action of any kind, known or unknown, arising out of or relating to the User Generated Content. You will never make any claim or demand or bring any action against Netflix in connection with the use or alleged use of the User Generated Content and you expressly waive any and all such claims. You acknowledge that there may be facts relating to or pertinent to these Terms of Use that you do not know or suspect to exist and you hereby waive your right to assert any claims arising from or relating to such facts.

Privacy. Please refer to our Netflix Reality Casting Privacy Statement for information on how we collect, use, disclose, and secure your information.

Confidentiality. The Experience may contain confidential Information of Netflix and others (“Confidential Information”). Confidential Information includes all information available through the Experience that is not already a matter of public knowledge. You agree to hold all Confidential Information in confidence, and 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.

Changes. We may update these Terms of Use and change or discontinue all or any part of the Experience at any time. We may also suspend or terminate your access to the Experience at any time without notice to you. If you continue to use the Experience after we have posted updated Terms of Use, you agree to be bound by the updated Terms of Use. You may cancel your account at any time by sending an email to us via the help feature available on the Experience. The Reservation of Rights, User Generated Content, Confidentiality, Warranties and Liability and General sections of these Terms of Use will survive any termination, discontinuation or cancellation of the Experience or your account.

Warranties and Liability. THE EXPERIENCE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. NEITHER NETFLIX NOR ITS AFFILIATED ENTITIES, NOR ANY OF ITS EXPERIENCE PROVIDERS, 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. 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 OF USE SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT OF ANY DISPUTE CONCERNING THESE TERMS OF USE OR THE SUBJECT MATTER THEREOF, YOUR SOLE REMEDY SHALL BE TO SEEK DAMAGES AS LIMITED BY THIS PARAGRAPH AND IN NO EVENT WILL YOU BE ENTITLED TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.

Third Party Websites. The Experience may contain links to other websites owned and operated by third parties ("Third Party Website(s)"). These links are provided to you as a convenience only and visiting any Third Party Website is at your own risk. Netflix is not responsible for the content on such Third Party Websites and makes no representations or warranties with respect thereto. Your access and use of any such Third Party Websites is subject to their terms of use and privacy policies.

General. You may not assign the rights granted in these Terms of Use, in whole or in part and whether by operation of contract, law or otherwise, without Netflix's express written consent. These Terms of Use 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 of Use is found partly or wholly illegal or unenforceable, that provision will be enforced to the maximum extent permissible and remaining provisions of these Terms of Use will remain in full force and effect. A waiver of any breach or default under these Terms of Use will not constitute a waiver of any other subsequent breach or default. These Terms of Use 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 Experience.