TERMS ARE AWFUL? A Streamberry Cautionary Tale
The latest season of the Netflix series Black Mirror was released this last week. It did not disappoint, especially the first episode: JOAN IS AWFUL. This episode explores a dystopian world where an online service provider’s terms of service (the fictional STREAMBERRY streaming service) and an actor’s contract terms result in dire consequences for the protagonists in the story.
Although fictional, Black Mirror’s JOAN IS AWFUL is a cautionary tale for us all. Before we agree to overly complicated agreements thrown at us every day, maybe, we should actually know what we are agreeing to when we sign on the dotted line or click that accept button that pops up on our screen. And if the terms are concerning, then maybe we should decide not to accept and go elsewhere.
For illustrative purposes, we explore Netflix’s Terms of Use, which is only fair given the circumstances. How many of us have actually read Netflix’s Terms of Use before agreeing to them? Probably not many.
Well, if you have not yet read the fine print to your Netflix streaming service agreement (even after JOAN IS AWFUL), we are happy to report that these terms of use are nothing close to STREAMBERRY’S fictional Terms of Service (which appear to be 100’s of pages and literally sell your image and likeness to the fake streaming service for its use).
Still, there are some interesting items in Netflix’s agreement that are worth mentioning. For example, did you know that you agree to the following when you accept Netflix’s Terms of Use (which are the terms in place when this article was written):
You agree that if you send unsolicited materials to Netflix for content, you waive any claim against Netflix (e.g. copyright infringement), for Netflix’s use of your materials (or substantially similar content).
Netflix does not guarantee, represent, or warrant that your use of the Netflix service will be uninterrupted or error free.
You must arbitrate any disputes with Netflix that cannot be heard in small claims court. That arbitration must be with the American Arbitration Association.
You cannot bring a class action lawsuit against Netflix.
Netflix’s Terms of Use are governed by Delaware law.
Netflix may change its Terms of Use. If you are an existing member, then these changes will be effective 30 days after posting [it is not specified where this posting has to be made].
Netflix may assign its agreement with you to “any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Netflix service”
Maybe some of these terms are concerning to you? Maybe not? The point is that we as a society encounter these multilayered agreements every day, and often, agree to them without considering the consequences. JOAN IS AWFUL is a reminder to us that unless we pay attention, one day, in the future, our blind acceptance to complicated terms may lead to dangerous consequences - not just for Annie Murphy and Selma Hayak.