TERMS & CONDITIONS

Last updated: May 28, 2021

 Netflix.shop is an ecommerce destination that allows consumers to browse and purchase products relating to movies and series streamed on the Netflix service. As used in these Terms of Use, “Shop” means the ecommerce destination located at netflix.shop [(together with any mobile versions, and any successor sites), regardless of how accessed], together with all features and functionalities, user interfaces, as well as all content and software associated with such. 

 The Shop is operated by Suresource LLC, operating as Blue Acorn (“Blue Acorn”, “we”, “us” or “our”), on behalf of Netflix, Inc. and/or its affiliated entities (“Netflix Entities”). Blue Acorn is the merchant of record for this Shop.

 By using, engaging with or purchasing articles from the Shop, you agree to these Terms of Use, which govern your use of the Shop. Please read them carefully. They include important information about your legal rights, remedies, and obligations. If you do not agree to any portion of these Terms of Use, you should not access or shop via the Shop.

 To the extent permitted under the laws governing where you are, you agree to the arbitration language of Section 7 to resolve any disputes with us and the Netflix Entities (except for matters that may be taken to small claims court).

 

User Account.

  1. Having a user account on the Shop enables you to enjoy an enhanced shopping and checkout experience. It helps us recognize you and retain your shopping preferences and enables you to manage and change your account settings.  You can sign up for your own account on the Shop when you check out. Take good care of your user name and password! 
  2. In creating and using your user account for use on the Shop, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the Shop (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you discover that you’ve inputted information incorrectly or incompletely, please reach out to Customer Service at CS@netflix.shop. 
  3. We may sell products for children, but we sell them only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you must have a parent or legal guardian involved with your use of the Shop.

     Use of Site.

      1. While we take all reasonable steps so that the Shop is available 24 hours every day, 365 days per year, Shops do sometimes encounter downtime due to server and other technical issues.  We will not be liable if this Shop is unavailable at any time. The Shop may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
      2. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Netflix Entities and/or Blue Acorn or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the Shop any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Shop or use the site to solicit others to join or become members of any other commercial online service or other organization.

      Product Descriptions.

      1. We attempt to be as accurate as possible with product and  other content on the Shop. We don’t warrant that product or other content on any of the Shop is accurate, complete, reliable, current, or error-free. If a product or service offered on the Shop itself is not as described, your sole remedy is to return it in unused condition. 
      2. In the event that a product offered on the Shop is mistakenly listed at an incorrect price, we  reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.

        Product Availability.

        1. Products offered via the Shop may be available on a limited quantity basis. We make no guarantees that such products will be available to you, as they are offered on a first come, first served basis. We will mark products that are limited in a clear manner.
        2. Information that is published on or through the Shop may contain references or cross-references to products, programs or services of Blue Acorn, the Netflix Entities and our respective partners, service providers, subsidiaries or affiliates that are not necessarily available in your area. Such references do not mean that we, or any of our partners, service providers, subsidiaries or affiliates will announce any of those products, programs or services in your area at any time in the future. You should contact us for information regarding the products, programs and services that may be available to you, if any.
        3. Third party links. In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of the Shop and the links placed upon it. If you have feedback on the Shop, or any links included on it, please contact us at CS@netflix.shop. 
        4. Communication with Shop. When you use any of the Shop, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting  notices and messages on or through the Shop. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

            By submitting a telephone number to us you agree that one of our representatives can contact you at  the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any products and/or services. To opt out of such messaging, please follow prompts on the SMS/text.

            1. Comments & Feedback. Comments, information or feedback submitted to us through email, text and/or the Shop, will be subject to the Privacy Notice. If you have additional questions or  comments of any kind, or if you want to provide feedback on anything you see on the Shop, please let us know by sending your comments or requests via Customer Service at CS@netflix.shop.
            2. User Generated Content. The Shop might allow you to communicate, upload, or otherwise make available text, images, audio, video, or other content (“User Generated Content” or “UGC”), which might be accessible and/or viewable by the public. In submitting UCC, you:
            3. warrant that you hold any and all rights in the UGC or, where applicable, obtained third party consent for the use of the UGC and are entitled to submit the UGC to the Shop;
            4. indemnify us and the Netflix Entities against any and all claims from third parties that the UGC infringes any third party rights; 
            5. represent that the UGC is in compliance with applicable laws and regulations and in particular not be 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. grant the Netflix Entities a worldwide, non-exclusive, sub-licensable, royalty-free, irrevocable license in respect of all copyright and other intellectual property rights in and to your UGC to modify, adapt, publish, copy, display, repost, communicate to the public, or otherwise deal with such UGC as such entities see fit;
            7. agree to waive any and all of your personal rights (to the extent allowed under the applicable law) and have asked any third parties whose name or likeness has been used (if any) for their consent to such in the UGC; and
            8. agree to execute all such assignments or other documents and take such actions as may be reasonably required by the Netflix Entities to give effect to the licensed and assignments contained in this paragraph.  

                          Intended use of the Shop.

                            1. During your use of the Shop, we grant you a limited, non-exclusive, non-transferable, license to access the Shop 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 Shop for public performances. You are responsible for all Internet access charges.
                            2. You agree not to archive, download (other than through caching necessary for personal use, to complete a product purchase or submit a customer service request), 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 Shop 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 Shop; use any robot, spider, scraper or other automated means to access the Shop; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Shop; insert any code or product or manipulate the content of the Shop in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to 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 Shop, including any software viruses or any other computer code, files or programs.
                            3. We may suspend or terminate your access to this Shop if you fail to comply with this Statement. 

                              Disclaimers

                              1. THE SHOP, ALL CONTENT SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SHOP, TOGETHER WITH ALL PRODUCTS OFFERED FOR SALE ON THE SHOP, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SHOP WILL BE UNINTERRUPTED OR ERROR-FREE.
                              2. UNLESS YOU ARE BASED IN THE EEA, NEITHER WE NOR ANY NETFLIX ENTITIES OR ANY PARTY ENGAGED OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SHOP, 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 SHOP, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. 
                              3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
                              4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

                              Intellectual Property.

                              1. Copyright & Trademark Notice. The Shop, including all content provided on the Shop, is protected by copyright, trade secret or other intellectual property laws and treaties. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely to place an order with us or for customer service requests.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless we expressly authorize it. 
                              2. Reporting Alleged Infringements. 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 Shop, please notify us by completing the Copyright Infringement Claims form (www.netflix.com/copyrights). 
                              3. All trademarks, service marks and trade names of the Netflix Entities and Blue Acorn used in the site are trademarks or registered trademarks of Netflix Entities and Blue Acorn, respectively.
                              4. Blue Acorn and the Netflix Entities are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to the Shop, worldwide and in perpetuity 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 Shop. In addition, you agree not to enforce any “moral rights” in and to any materials you may provide to us and/or a Netflix Entity, to the extent permitted by applicable law.
                              5. Indemnification. You agree to indemnify, defend, and hold harmless Blue Acorn, the Netflix Entities, and our respective officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
                              6. Termination. Your account or right to access to secured portions of the Shop may be terminated at any time, without notice, for conduct that is believed to violate these Terms of Use and/or believed to be harmful to other users of the Shop, to Blue Acorn, the Netflix Entities, to our respective partners or Service Providers, to the business of our Internet service provider, or to other information providers. If you violate any of these Terms of Use, your permission to use the Content pursuant to these Terms of Use automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
                              7. ARBITRATION. WHERE PERMITTED BY LAW, YOU ACCEPT THAT ANY DISPUTE ARISING FROM THESE TERMS OF USE MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. If your local laws do not allow for you to be bound by arbitration in this fashion, alternative dispute resolution mechanisms may be available to you.
                              8. You, Blue Acorn (and the Netflix Entities, to the extent such are attached to the matter) agree that any dispute, claim or controversy arising out of or relating in any way to the Shop (including relating to products purchased), these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. 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 and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. 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, Blue Acorn (and the Netflix Entities, to the extent such are attached to the matter) 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.
                              9. If you elect to seek arbitration or file a small claim court action, you must first send to Netflix, by certified mail, a written Notice of your claim (“Notice”). The Notice to Netflix must be addressed to: General Counsel, Netflix, Inc., 100 Winchester Circle, Los Gatos, CA 95032-1815 (“Notice Address”). If Netflix initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Netflix, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If Netflix and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Netflix may commence an arbitration proceeding or file a claim in small claims court.
                              10. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after we have received notice at the Notice Address that you have commenced arbitration, Blue Acorn will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
                              11. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless you and Blue Acorn (and the Netflix Entities, to the extent such are attached to the matter) agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (i) for judicial review expressly permitted by law or (ii) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
                              12. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
                              13. YOU AND BLUE ACORN (AND THE NETFLIX ENTITIES, TO THE EXTENT SUCH ARE ATTACHED TO THE MATTER) 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. Further, unless both you and Blue Acorn (and the Netflix Entities, to the extent such are attached to the matter) agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

                              Privacy.

                              1. Please review the Privacy Notice, which also governs your use of the Shop, to  understand our practices. Our Privacy Notice also contains specific information for California residents related to their rights under the California Consumer Privacy Protection Act. 

                              Miscellaneous.

                              1. Governing Law. These Terms of Use shall 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, and not by the 1980 U.N. Convention on contracts for the international sale of goods. These Terms of Use will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
                              2. Unsolicited Materials. The Netflix Entities do not accept unsolicited materials or ideas for Netflix content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Netflix Entities. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against the Netflix Entities 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 material or idea you sent.
                              3. Survival. If any provision or provisions of these Terms of Use 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.
                              4. Changes to Terms of Use and Assignment. We may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company, to any other Netflix Entity, or to any entity that succeeds to all or substantially all of our business or assets related to the Shop.