Netflix Games Off-Service Terms of Use & Privacy Statement

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Netflix Games Off-Service Terms of Use

1. About these Terms of Use

Welcome to Netflix Games! Netflix, Inc. (“Netflix”, “we”, “us”, “our”, as appropriate) is excited to offer you access to our Games. These Terms of Use (“TOU”) are an agreement between you and Netflix. Please read it carefully because it sets out the terms and conditions governing your use of our Games. When we say “Game” or “Games,” we’re referring to any of our console and PC games that link to or display this TOU, including via messaging on the applicable game page of any Game Store. Note that this TOU does not apply to any Netflix websites, apps, or services that do not link to or display this TOU. The Games are separate and distinct from the “Netflix Service” (to which the Netflix Terms of Use at netflix.com/terms and Netflix Privacy Statement at netflix.com/privacy apply).

2. A Few Important Notices—Arbitration; Class Action Waiver; Limitation on Damages; Refunds

THIS TOU INCLUDES THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 14(F) BELOW AND THE LIMITATION ON DAMAGES DESCRIBED IN SECTION 11 BELOW. BY PURCHASING, DOWNLOADING, STREAMING, AND/OR ACCESSING THE GAMES, YOU AGREE TO THIS TOU. IF YOU DO NOT AGREE TO THIS TOU, YOU MAY NOT PURCHASE, DOWNLOAD, STREAM, AND/OR ACCESS OUR GAMES.

PLEASE NOTE, WE DO NOT OFFER REFUNDS EXCEPT WHERE EXPRESSLY AUTHORIZED BY US OR WHERE REFUNDS ARE REQUIRED UNDER APPLICABLE LAW.

3. Additional Terms

You might be able to use the Games by purchasing, downloading, streaming, and/or accessing them from a third-party platform or store (each, a “Game Store”). If you purchase, download, stream, and/or access the Games in this way, your use of the Games is also governed by any agreements you have with the applicable Game Store (the “Game Store Agreement(s)”). If there is a conflict between any Game Store Agreement(s) and this TOU with respect to your use of the Games, the applicable terms of this TOU will take priority. Additionally, if you play a Game on any device, such as a console, then additional terms will apply (e.g., the Sony Terms, the Xbox Terms, and the Nintendo Terms), as applicable.

Please note, your use of the Games is subject to our Privacy Statement at nightschoolstudio.com/privacy (“Privacy Statement”). Read and review the Privacy Statement before using the Games, and if you do not wish to accept the terms of the Privacy Statement, then please do not use the Games.

4. License Grant and Use of the Games

(a) License Grant. So long as you comply with this TOU, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable, personal, non-commercial limited right and license to download, install, stream, access, and/or use the Games solely for your personal entertainment. You may not copy, decompile, reverse engineer, modify, adapt, reproduce, or create derivative works based upon any of our Games and we and our licensors reserve all rights not granted to you in this TOU.

(b) Limits Based on Geography. The Games offered may vary by geographic location and may change or be limited from time to time.

(c) Seizure Warning. A Game may contain flashing lights, images, and other luminous stimulations which may induce epileptic seizures in certain individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before playing any Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing any Game, please immediately discontinue playing the Game and consult your doctor.

(d) Additional Rules and Policies. The Games may include additional rules and/or policies, and you agree to abide by all rules and policies made available to you within the Games.

5. Player Conduct Guidelines

You agree not to do any of the following with respect to the Games, as determined by us in our sole discretion:

(a) engage in any behavior that: (i) infringes, misappropriates, or violates a third-party’s rights, including intellectual property rights or rights of publicity or privacy; (ii) is fraudulent, false, misleading, or deceptive; (iii) is harmful, objectionable, or obscene; (iv) promotes discrimination, hatred, harassment, or harm against anyone; (v) is violent, bullying, or threatening or promotes violence, money laundering, gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; (vi) promotes illegal or harmful activities or substances;

(b) collect, store, or distribute any information that could be used to identify an individual, from other users of the Games, without the express permission of such individual;

(c) communicate with other users of the Games with the purpose of impersonating another person or entity, or deceiving or offending such users;

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(d) develop, distribute, or use any unauthorized software programs to gain an advantage in any Games;

(e) use, or provide ancillary offerings to anyone, that are not offered within the Games by us (or the functionality of a Game Store), such as automation programs that interact with the Games in any way and/or interfere with online or network play for any purpose, including to redirect communications or collect information about the Games;

(f) remove, disable, circumvent, or modify any technological measure we implement with respect to the Games;

(g) attempt to test a Game’s vulnerability or breach any security measures;

(h) access, tamper with, or use non-public areas of the Games;

(i) use the Games commercially, for a promotional purpose, for the benefit of any third party, or in any manner not permitted by this TOU;

(j) access or use the Games on more than one device at a time;

(k) use IP proxying or other methods to disguise your location for any purpose;

(l) violate or encourage any conduct to violate any applicable law or regulation; or

(m) encourage, promote, take part in, or enable anyone else to do any of the prohibited actions listed in this Section 5.

A violation of any of the rules in these Player Conduct Guidelines may result in Netflix terminating or suspending your access to the Games and/or restricting your access to Game features.

If you encounter a user violating the Player Conduct Guidelines, please report the activity to us using the Game’s in-Game reporting function, if available, or contact our Customer Service at help.netflix.com/en/contactus .

6. Ownership of the Games

We and our affiliates and licensors own all rights in the Games, including, without limitation, all content within the Games.

7. Virtual Goods

(a) Obtaining Virtual Goods. Subject to applicable laws, we may offer certain upgrades and options within our Games that you can obtain through various mechanisms, including, but not limited to character skins, gear, and other customizations for your in-Game avatars, and other digital add-on items that may improve your Game experience (“Virtual Goods”). Further, you may also be able to earn Virtual Goods through in-Game progressions or awards.

(b) Your License to Virtual Goods. Virtual Goods are digital items and your use of them is governed by this TOU.

(i) VIRTUAL GOODS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR ANY “REAL WORLD” MONEY OR ANYTHING OF MONETARY VALUE.

(ii) VIRTUAL GOODS ARE NON-TRANSFERABLE AND NON-TRADABLE (UNLESS OTHERWISE EXPRESSLY COMMUNICATED TO YOU WITHIN THE FUNCTIONALITY OF A GAME) AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. So long as you comply with this TOU, we grant you the following license: a revocable, non-exclusive, non-transferable, non-sublicensable, personal, non-commercial limited right and license to use any Virtual Goods you gain access to solely in connection with the applicable Game and within such Game.

(iii) All Virtual Goods remain our property and are not redeemable, refundable, or eligible for any alternate remedy.

(iv) We may cancel, revoke, or otherwise prevent the use of Virtual Goods if we suspect any unauthorized or fraudulent activity and/or to correct any erroneous application of any Virtual Goods to your account and/or profile.

(c) Changes to Virtual Goods. To the fullest extent permitted by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any Virtual Goods, including your ability to access or use Virtual Goods, without notice or liability to you, such as if we need to temporarily suspend a Game to make updates, need to ultimately shut a Game down for economic or other reasons, or for any reason in our sole discretion. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “NETFLIX PARTIES”) RELATING TO (A) YOU HAVING A PROPRIETARY INTEREST IN ANY VIRTUAL GOODS; OR (B) AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST UPON: (I) DELETION OR SUSPENSION OF YOUR ACCOUNT AND/OR PROFILE OR VIRTUAL GOODS; (II) ADJUSTMENTS TO A GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS CHANGING; OR (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THIS TOU OR ANY GAMES (OR ANY COMPONENTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY VIRTUAL GOODS), SUBJECT TO APPLICABLE LAW.

8. Feedback and Unsolicited Materials

(a) Feedback. We can use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback“), including responses to questionnaires or through in-Game communications, worldwide and in perpetuity for any reason and without any compensation or acknowledgement to you. In addition, you agree not to enforce any “moral rights” in and to the Feedback to the fullest extent permitted by applicable law.

(b) Unsolicited Materials. Please do not send us any unsolicited materials or ideas for the Games and/or any content. We are not responsible for the similarity of any of our Games and/or content to materials or ideas transmitted to Netflix. If you send us unsolicited materials or ideas for Games and/or any content, they will be considered Feedback and will be subject to Section 8(a) above.

9. Third-Party Websites and Resources

The Games may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party websites or resources.

10. Data Charges and Mobile Devices

You are responsible for all data-related charges that you may incur for using our Games. You should understand or ask your service provider what charges you may incur before using the Games.

11. Disclaimers of Warranties and Limitations of Liability

IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE UK, THE NETFLIX PARTIES MAKE NO WARRANTY THAT THE GAMES WILL AT ALL TIMES MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

IF YOU ARE NOT A RESIDENT OF THE EUROPEAN UNION OR THE UK, THEN THE GAMES, GAME CONTENT, OR ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NETFLIX PARTIES DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GAMES WILL BE UNINTERRUPTED OR ERROR-FREE. NOTWITHSTANDING THE FOREGOING, THE NETFLIX PARTIES SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF THE GAMES AND ANY GAME CONTENT, INCLUDING VIRTUAL GOODS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NETFLIX PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE GAMES.


FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE NETFLIX PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE GAMES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME(S) IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, $50 (USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. 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. NOTHING IN THIS TOU SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

12. Indemnity

You agree to indemnify (in other words, compensate for all losses incurred), pay the defense costs of, and hold the Netflix Parties and their contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs, and expenses (including, without limitation, attorneys’ fees and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Games; or (b) any claim that, if true, would constitute a breach by you of this TOU. You agree to reimburse us for any payments made or losses suffered, whether in a court judgment or settlement, based on any matter covered by this Section 12.

13. Game and TOU Modifications; Suspension; Termination

Though we’ll try not to change this TOU too often, there are sometimes reasons why we need to make changes, and we may do so at any time at our sole discretion. These changes will be effective immediately unless otherwise expressly stated by us.

To the fullest extent permitted by applicable law, we may suspend, modify, or terminate your access to and use of the Games, including any Game content, with no liability or notice to you, in the event that: (a) we cease providing the Games to similarly situated users generally; (b) you breach any terms of this TOU (including the Game Store Agreement(s) and our other policies specified in this TOU); (c) the owner of the applicable Game Store terminates your Game Store account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Games or terminate this TOU, which we may do in our sole discretion. A suspension or modification of your access to and use of the Games will result in your inability to access and use some or all features of the Games.

The modifications to any Games may include patches, updates, or upgrades. You acknowledge and agree that you may not be able to access the Games until you manually update the Games yourself on your device and that any data related to your use of a Game and other elements unique to a Game may cease to be available to you at any time without notice from us, including, without limitation, after we apply a patch, update, or upgrade.

You may terminate this TOU by no longer accessing any of our Games, deleting your Game Store account, and deleting and uninstalling or stopping the streaming of all our Games on all your devices.

Upon any termination of this TOU, the rights granted to you herein will automatically terminate, and you may no longer exercise any such rights.

Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Games after such termination.

Where required by applicable law, termination of this TOU does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.

The following Sections will survive termination of this TOU: 6, 8, 11, 12, 14 through 16, and this sentence of Section 13.

14. Governing Law and Dispute Resolution

(a) General. Please review the following to determine what governing law and dispute resolution provisions apply to your use of the Games. Irrespective of the governing law, you may have the benefit of other or additional mandatory rights or remedies provided by local law in addition to those set out in this TOU. Nothing in this TOU limits or affects those rights.

(b) European Union (“EU”) or the United Kingdom (“UK”). If you are a resident of the EU or the UK, or if you are accessing, using, or have purchased the Games in the EU or the UK, this TOU shall be governed by and construed in accordance with the laws of the UK. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/ . This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged and not willing to participate in online dispute resolution.

(c) Canada. If you are a resident of Canada, then any dispute or claim arising out of or in relation to this TOU will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. In addition, either you or we may elect to have the dispute or claim finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This Section is set only to the fullest extent permitted by applicable law and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applicable law.

(d) Brazil. If you are accessing, using, or have purchased the Games in Brazil, you agree that any action related to this TOU will be resolved in accordance with Brazilian laws and that any dispute arising out of or in relation to this TOU shall be brought exclusively in the Brazilian courts, provided you may choose to litigate in the court of your domicile.

(e) Singapore. If you are a resident of Singapore, any dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitration in Singapore, and the language of the proceedings will be in English. The tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this TOU. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.

(f) United States and Other Jurisdictions. If the above 19(b)-(e) do not apply to you, or if you are a resident of the United States, then:

(i) Governing Law. This TOU shall be governed by and construed in accordance with the U.S. Federal Arbitration Act and the laws of the State of Delaware, United States, without regard to conflict of laws principles.

(ii) Dispute Resolution. To the fullest extent permitted by applicable law based on the location of your residence, you and Netflix agree that any dispute, claim, or controversy arising out of or relating in any way to the Games, this TOU, 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 and Netflix agree that, by agreeing to this TOU, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Netflix are each waiving the right to a trial by jury or to participate in a class action . This arbitration provision shall survive any termination of this TOU.

(iii) Notice. 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., 121 Albright Way, Los Gatos, CA, 95032, United States (“Notice Address“). If Netflix initiates arbitration, it will send a written Notice to the email address it has for you, if any, or your address. A Notice, whether sent by you or by Netflix, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). You and Netflix agree that, after a Notice is sent but before either you or Netflix initiate arbitration or file a claim in small claims court against the other, you and Netflix will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any claim covered by this arbitration agreement. You agree to participate in the conference personally, and Netflix agrees to have a company representative participate in the conference. 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 Netflix receives Notice at the Notice Address that you have commenced arbitration, Netflix will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines your claims are frivolous, in which event you will be responsible for filing fees.

(iv) Arbitration Rules. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules“) of the American Arbitration Association (“AAA“), except as modified by this TOU or otherwise agreed between you and Netflix, and will be administered by the AAA. The AAA Rules 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 TOU. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Netflix and you 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 (1) for judicial review expressly permitted by law or (2) 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.

(v) Claim Amount. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely based on 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 way 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 Netflix’s last written settlement offer made before an arbitrator was selected (or if Netflix did not make a settlement offer before an arbitrator was selected), then Netflix 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.

(vi) Class Action Waiver. YOU AND NETFLIX 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 Netflix 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.

15. No Assignment

You may not assign or transfer this TOU, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this TOU without such consent will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this TOU without restriction. Subject to the foregoing, this TOU will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16. Miscellaneous

(a) Survival. If any provision or provisions of this TOU 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.

(b) Communication Preferences. We’ll send you information relating to your account (e.g., confirmation messages, notices, and other information) in electronic or physical form, as decided by us at our sole discretion. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

(c) Entire Agreement.This TOU and any other document or information referred to in this TOU constitutes the entire and exclusive understanding between you and us regarding the Games and supersede all prior oral or written understandings or agreements between you and us regarding the Games.

(d) Language.The original language of this TOU is English; any translations are provided for reference purposes only. To the fullest extent permitted by applicable law, you waive any right you may have under the law of your country to have this TOU written or construed in any other language.

(e) No Waiver.Your and our actions or inactions will not create any other rights under this TOU except as what is explicitly written within this TOU.Our failure to enforce any right or provision of this TOU will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this TOU, the exercise by either party of any of its remedies under this TOU will be without prejudice to its other remedies under this TOU or otherwise.

17. Contact Information

To find more information about the Games or this TOU, please visit our website at nightschoolstudio.com . If needed, reach out to our Customer Service at help.netflix.com/en/contactus for assistance. In the event of any conflict between this TOU and information provided by Customer Service or other portions of our websites, this TOU will control.

Last Updated: June 30, 2023

Netflix Games Off-Service Privacy Statement

This Netflix Games Off-Service Privacy Statement explains our practices, including your choices, regarding the collection, use, and disclosure of certain information, including your personal information in connection with the Games that are not part of the Netflix Service. “Games” includes any of our console and PC games that link to or display this Privacy Statement, including via messaging on the applicable game page of any third-party platform store. Note that this Privacy Statement does not apply to other Netflix websites, apps, or services that do not link to or display this Privacy Statement. The Games are separate and distinct from the “Netflix Service” (to which the Netflix Terms of Use at netflix.com/terms and Privacy Statement at netflix.com/privacy apply). To see the California Consumer Privacy Act (CCPA) Privacy Notice for the Games, please see below.

Contacting Us

For questions specifically about this Privacy Statement, please contact our Data Protection Officer/Privacy Office by email at [email protected] .

The data controller of your personal information is as follows: Netflix International B.V. (EEA residents), Netflix Services UK Limited (UK residents); Netflix Services Korea Ltd. (Korea residents); Netflix, Inc . (all other countries).

Please note that if you contact us to assist you, for your safety and ours we may need to authenticate your identity before fulfilling your request.

Collection of Information

We receive and store information about you such as:

Information you provide to us:We collect information you provide to us which includes identifiers you might use (such as an in-game name). We collect this information in a number of ways, depending on how you interact and use our Games.

Information we collect automatically:We collect information about you and your use of our Games, your interactions with us, and any devices you use to access our Games (such as PC and consoles, mobile devices, and other gaming devices). This information may include:

● your activity on the Games, such as time spent, game progress and similar activity in connection with the Games;

● details of your interactions with our customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings;

● device IDs or other unique identifiers;

● device and software characteristics (such as type and configuration), connection information including type (wifi, cellular), statistics on page views, referring source (for example, referral URLs), IP address (which can be used to tell us your general location, such as your city, state/province, and postal code), browser and standard web server log information;

● information from the platforms on which the Games are provided;

● information from third-party services that you are signed into that provide functions within Games, such as game saving options.

Use of Information

We use information to provide, analyze, administer, enhance and personalize our Games, to process your requests, and to communicate with you on these and other topics. For example, we use such information to:

● provide you with customized and personalized gaming experiences we think will be of interest to you;

● determine your general geographic location (such as your city, state/province, and postal code);

● help us quickly and efficiently respond to inquiries and requests;

● coordinate with gaming platforms and operating system providers in order to operate and administer the Games;

● secure our systems, prevent fraud and help us protect the security of the Games;

● prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to enforce our terms;

● protection of Netflix and others as described in more detail below;

● analyze and understand our audience, improve our Games;

● communicate with you concerning the Games including to assist you with any operational requests.

If you are a resident of the EEA/UK, our legal basis for collecting and using the personal information described in this Privacy Statement will depend on the personal information concerned and the specific context in which we collect and use it. We will collect personal information from you where we need the personal information to perform a contract with you (for example, to provide and operate the Games). We may process your personal data where we rely on our legitimate interests, but only where our interests are not overridden by your data protection interests or fundamental rights and freedoms (for example, for research and product improvement). In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for example, to prevent fraud or confirm your identity). For questions about our use of your personal information, please contact our Data Protection Officer/Privacy Office by email at [email protected] by indicating the specific Game you are writing about.

Disclosure of Information

We disclose your information for certain purposes and to third parties, as described below:

The Netflix family of companies:We share your information among the Netflix family of companies (help.netflix.com/legal/corpinfo) as needed for: providing you with access to our Games and other applicable services; providing customer support; making decisions about product development and improvements; and for other purposes described in the Use of Information section of this Privacy Statement.

Service Providers:We use other companies, agents or contractors (“Service Providers”) to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide communications, security, infrastructure and IT services, to customize, personalize and optimize our Games, to provide customer service, and to analyze and enhance information (including information about users’ interactions with our Games). In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services (which includes maintaining and improving their services).

Promotional offers:We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.

Protection of Netflix and others:Netflix and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such use or disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) establish, exercise or defend our legal rights, including to enforce applicable terms of use, 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, its users or the public, as required or permitted by law.

Business transfers:In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Statement.

You may also choose to disclose your information using a Game function to share certain information by email, text message and social or other sharing applications. Some of these functions may be operated by third parties, and are subject to their terms of use and privacy policies. Similarly, some of the Games may include features (such as game saving options) which may require use of a third-party service, which is subject to that service’s terms of use and privacy policy.

Whenever in the course of sharing information we transfer personal information to other countries, we will ensure that the information is transferred in accordance with this Privacy Statement and as permitted by the applicable laws on data protection.

Your Information and Rights

You can request access to your personal information, or correct or update out-of-date or inaccurate personal information we hold about you. You may also request that we delete personal information that we hold about you. To the extent you are not able to do so using the console, platform or operating system settings, or if you have any other question regarding our privacy practices, please contact our Data Protection Officer/Privacy Office at [email protected] by indicating the specific Game you are writing about. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

We may reject requests that are unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose us to operational risks such as enabling fraud.

Retention of information: We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in this Privacy Statement. Specifically, we retain information for our legitimate interests and essential business purposes, such as operating, maintaining and improving our Games; complying with our legal obligations; and exercising our legal rights and remedies, including enforcing the applicable terms of use. Our retention of information is based on many factors such as your relationship with Netflix (for example, the specific Game you are playing or interacting with); the nature of the information; compliance with our legal obligations; defending or resolving actual or anticipated legal claims. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

If you are a California consumer, please see our California Consumer Privacy Act (CCPA) Privacy Notice below.

Security

We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your personal information.

Other Websites, Platforms and Applications

Our Games may be provided through and/or utilize features operated by third-party platforms, or contain links to sites operated by third parties whose policies regarding the handling of information may differ from ours. For example, you may be able to access the Games through platforms such as gaming systems, mobile devices, and a number of other Internet connected devices. These websites and platforms have separate and independent privacy or data policies, privacy statements, notices and terms of use, which we recommend you read carefully. In addition, you may encounter third-party applications that interact with the Games.

Minors

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of the Games are directed to children. If you learn that your child has provided us with personal information contrary to this Privacy Statement, then you may notify us at [email protected] (please indicate the specific Game you are writing about).

Changes to This Privacy Statement

We will update this Privacy Statement from time to time in response to changing legal, regulatory or operational requirements. We will provide notice of any such changes (including when they will take effect) in accordance with law. Your continued use of the Games after any such updates take effect will constitute acknowledgment and (as applicable) acceptance of those changes. If you do not wish to acknowledge or accept any updates to this Privacy Statement, you may discontinue your use of the Games. To see when this Privacy Statement was last updated, please see the “Last Updated” section below.

US State (including California Consumer Privacy Act (CCPA)) Privacy Notice

This Privacy Notice applies to consumers who reside in states that have adopted consumer privacy laws and supplements the Privacy Statement, to the extent applicable. Because of differences in certain state laws, this supplement is broken into two sections, California (CCPA) Specific Notices, applicable to California residents only, and a California (CCPA) and other State Specific Sections, that may apply to residents of one or more states with consumer privacy laws requiring such information. Such states as of the date of this Privacy Notice are California, Colorado, Connecticut, Utah, and Virginia (collectively “US State Privacy Laws”).

California (CCPA) Specific Notices

Personal Information We Collect

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“CCPA personal information”). We may collect the following categories of CCPA personal information from consumers:

Identifiers: “Identifiers” covers a broad range of information, including things like name, email address, postal address, telephone number, and IP address. We collect some CCPA personal information that falls into this category, such as a gamer name or handle. We collect IP addresses, identifiers from the devices you might use to connect, and characteristics about the networks you use when you connect to our Games (see also “Information we collect automatically” above in the Privacy Statement).

Commercial information: This includes information about products or services considered, obtained or purchased.

Internet or other electronic network activity information : We collect CCPA personal information in this category, like your interactions with our Games.

Geolocation data: We don’t collect precise geolocation data from GPS sensors. However, we do collect IP addresses from which we can determine your general location (such as your city, state/province, and postal code).

Audio, electronic, visual, thermal, olfactory or similar information : We may collect photos,

audio and/or video of you in certain circumstances. For example if you contact customer service, we may record the call (voice recording).

Inferences: We may infer some information based on your activity and interaction with our Games.

Uses of CCPA personal information

We use each of the categories of CCPA personal information listed above for the purposes noted below. (Please see the Use of Information section of our Privacy Statement for additional details that may be of interest to you.)

Categories of CCPA personal information disclosed for a business purpose

We disclose the categories of CCPA personal information listed below for business purposes. (Please see the Disclosure of Information section of our Privacy Statement for additional details that may be of interest to you.)

Identifiers: We may disclose identifiers for business purposes with the following categories of third parties: Service Providers, an entity engaged in a business transfer, law enforcement, courts, governments and regulatory agencies.

Commercial information: We may disclose commercial information for business purposes with the following categories of third parties: Service Providers, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies.

Internet or other electronic network activity information : We may disclose these types of information for business purposes with the following categories of third parties: Service Providers, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies.

Geolocation data: We may disclose geolocation data for business purposes with the following categories of third parties: Service Providers, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies.

Inferences: We may disclose these types of data for business purposes with the following categories of third parties: an entity engaged in a business transfer/merger.

Sources of CCPA personal information

We explain our sources of information in the Collection of Information section of our Privacy Statement. (Please see that section for more information that may be of interest to you.) For ease of reference, in regard to CCPA personal information these are:

● You (the consumer) when you provide us CCPA personal information directly, and when we collect it automatically based on your interactions with us (for example, through your computer or other devices you might use to access our Games (such as gaming systems, mobile devices, and other streaming media devices);

● Other sources. Service Providers who support our business including: security and infrastructure maintenance providers; publicly-available sources, specifically, public posts on social media platforms; and information about Internet Service Providers (ISPs) used by our users to access Games through public databases associating IP addresses with ISPs. We may also obtain CCPA personal information from gaming platforms and operating system providers.

CCPA Do Not Sell or Share My Personal Information.

We currently do not engage in the sale or sharing of personal information as defined under CCPA. We also do not knowingly sell, share or use the personal information of minors under 16 years of age.

State Specific Sections

Sale of Personal Information. We currently do not engage in the sale of personal information as defined under the US State Privacy Laws.

Use of De-Identified Information. As described in the Your Information and Rights section of our Privacy Statement, we may de-identify personal information in a secure manner when we determine it is appropriate as part of our business operations. We take reasonable measures to maintain and use the information in a de-identified manner. We do not make any attempts to re-identify such information, except as permitted under applicable law.

Your rights under Applicable US State Privacy Laws

To the extent applicable under US State Privacy Laws, you may have the following rights in connection with your personal information:

● In California, you have the right to request that we disclose: what categories and specific pieces of CCPA personal information have been collected about you; the categories of sources from which CCPA personal information are collected; our business or commercial purpose for collecting, using, or disclosing personal information; the categories of third parties with whom we disclose personal information; the categories of personal information we have disclosed about you for a business purpose.

● You have a right to confirm whether or not we process your personal information as well as to access and receive a copy of the specific personal information we have collected about you.

● You have a right to deletion of your personal information, subject to exceptions under applicable US State Privacy Laws.

● You have a right to request correction of any inaccurate personal information we hold about you.

● Finally, you have a right to receive notice of our practices at or before collection of personal information and you have a right not to receive discriminatory treatment for exercising any of your rights described under this section. We will not discriminate against you based on your exercise of any of your rights.

For information on how to exercise your rights, please see the Your Information and Rights section of the Privacy Statement, above.

Use of Agents. If you are a consumer in a jurisdiction that recognizes the ability to use an authorized agent and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf to [email protected] along with a statement, certified as may be required, that the agent is authorized to act on your behalf. In order to verify the request, we may ask you to verify your identity. Please note we will respond to these requests to the extent you are not able to exercise your rights using the console, platform or operating system settings.

Appeals. If you are in a jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under applicable US State Privacy Laws, you may file an appeal of our decision refusing your request to exercise your rights under this Privacy Notice. Requests to change our policies or practices are not grounds for appeal. You may request an appeal of such decision by contacting us at [email protected] by indicating the Game you are writing about, please provide the state that you are writing from, accompanied with documentation you may have regarding the matter you are appealing. If your jurisdiction allows you to file a complaint with the state’s Attorney General’s Office regarding any concerns with the result of your appeal request, you may do so by using the following links as may be applicable to you. You may submit a complaint to the Attorney General’s Office by selecting the appropriate link: Virginia(www.oag.state.va.us/consumer-protection/index.php/file-a-complaint), Colorado (coag.gov/file-complaint), and Connecticut (portal.ct.gov/AG/Common/Complaint-Form-Landing-page).

Retention of Personal Information. We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our records purposes and to fulfill the purposes described in our Privacy Statement. Specifically, we retain information for our legitimate interests and essential business purposes, such as operating, maintaining and improving our Games; complying with our legal obligations; and exercising our legal rights and remedies, including enforcing our terms of use.

Last Updated: June 30, 2023