TERMS OF SERVICE
Last Updated: December 2, 2022
Falcon’s Beyond Global, LLC, a Florida limited liability company doing business at 6996 Piazza Grande Ave # 301, Orlando, FL 32835, USA, and/or its affiliates and subsidiaries (collectively, “Falcon” “we” or “us”) are pleased to provide to you certain websites, software, applications, content, products, and services (“Falcon Products” and “Products”), owned or licensed by Falcon, including but not limited to the platform, BeyondME™ (gobeyond.me).
EXCEPT FOR EXCEPTED CLAIMS DESCRIBED IN SECTION 8 BELOW, ANY DISPUTE BETWEEN YOU AND FALCON IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ SECTION 8 BECAUSE IT AFFECTS YOUR LEGAL RIGHTS UNDER THIS AGREEMENT.
Some Falcon Products disclose that they do not collect any personal information and those Products may be used by a person of any age. Other Falcon Products may state at the account registration that such Product is not offered to, and may not be used by, anyone under the age of13 without the consent of a parent or legal guardian who agrees to be bound by this Agreement. If a Falcon Product (through a pop-up or registration page] requires the consent of an underage user’s parent or legal guardian, together with proof of that status, you are required to supply such information. By using any Falcon Product, you represent and warrant that you meet all the foregoing requirements. If you do not meet the Product’s eligibility requirements, you must not download, install, or use the Product. If you have downloaded and/or installed it, you must delete it from your device.
As used herein, “you” means the user and, if applicable, the user together with the user’s parent or legal guardian.
1. These Terms Are a Binding Contract Between You and Us
B. Agreement. You represent to Falcon that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a Falcon account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access a Falcon Product offered directly by Falcon or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Falcon Product). If you do not agree to the Agreement, you may not use the Falcon Products.
C. Supplemental Terms. This Agreement governs the Falcon Products in general. More specific and/or supplemental terms and conditions may apply to some Products, and any supplemental terms and conditions are in addition to this Agreement. In the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Falcon Product.
D. Amendments. We may change these Terms from time to time in our sole discretion. If we do, we will provide notice of the changes, such as by posting the most recent version on our webpage and updating the “Last Updated” line above. You can view the latest Terms any time by clicking the “Terms of Service” link at the bottom of the applicable Product page. We encourage you to check for updates regularly. Your continued use of the Product following any notice we provide will confirm that you have agreed to them as included in the amended Agreement. If you do not agree, you must stop using the Product.
E. Accounts. Some Falcon Products permit or require you to create an account to participate or to secure additional benefits. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
F. Passwords and Security. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Falcon Products.
G. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
H. Termination or Suspension. We may terminate or suspend your access to any Falcon Products, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Falcon Products in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Falcon Products.
2. License Grant and Restrictions
The Falcon Products, including, but not limited to, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Falcon Products are owned by us or our vendors or licensors (who may be third-party beneficiaries of this Agreement) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.
A. Consumer License. If a Falcon Product, or third party providing Falcon Products subject to this Agreement, is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a world-wide (except where otherwise prohibited or limited by applicable law), limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only, only for as long as that Falcon Product is made available to you by us, or an authorized third party, and only in accordance with this Agreement and/or the specific terms that apply to that Falcon Product, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Falcon Product, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Falcon Product). This is a license agreement and not an agreement for sale or assignment of any rights in the Falcon Products. Except as we specifically agree in writing, no element of the Falcon Products may be used or exploited in any way other than as part of the authorized Product made available to you. You may own the physical media on which elements of the Falcon Products are made available to you, but we retain full and complete ownership of the Falcon intellectual property. We do not transfer title to any portion of the Falcon websites, software, applications, content, virtual items or other materials and/or services to you. Likewise, the purchase of a license to use any Falcon Product does not create an ownership interest in the Falcon websites, software, applications, content, virtual items or other materials and/or services.
B. Acceptable Uses of Falcon Products. You agree that your use of the Falcon Products will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while using the Falcon Products. You further agree, as a condition of your license, that you will not:
i. engage in any discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful, or otherwise objectionable conduct;
ii. send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users of the Falcon Products for the purpose of sending spam or other commercial messages;
iii. circumvent or disable any content protection system or digital rights management technology used in connection with the Falcon Product;
iv. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Falcon Products and/or any Falcon video device, underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into any Falcon Products or Falcon video device;
v. modify the Falcon Products, including, but not limited to, by removing identification, copyright or other proprietary notices from the Falcon Products, or by framing, mirroring, or utilizing similar techniques;
vi. access or use the Falcon Products in a manner that suggests you have an association that is not authorized with our products, services or brands;
vii. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Falcon Products;
viii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Falcon Products using a robot, iframe, spider, crawler, scraper or other automated means, interface not provided by Falcon, or manual process without our express written permission;
ix. damage, disable, overburden or impair the Falcon Products; or
x. allow third parties to violate the above restrictions.
C. Violation. Any attempt to perform any of the restricted actions listed above is a violation of the rights of Falcon and/or the intellectual property rights holder.
3. Usage Rules
A. Changes to the Falcon Products. The Falcon Products are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue Falcon Products. If required by law, we may also need to suspend, restrict, or terminate your access to Falcon Products. To the extent any Falcon Products utilize digital assets and/or point values, we reserve the right to make modifications to those in our sole discretion at any time.
C. Internet, Browser and System Requirements. You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Falcon Products. You are required to review the minimum requirements necessary for use of the specific Product.
D. Mobile Networks. When you access the Falcon Products through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Products may be prohibited or restricted by your network provider and not all Products may work with your network provider or device.
E. Consent to Messages. When you use the Falcon Products, you may be given the opportunity to consent to receive communications from us through email, text, and/or push notifications. Standard text and calling rates will apply. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, through the settings of the Falcon Product, or, if via text message, by responding STOP. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE FALCON PRODUCTS.
F. App Permissions. When you use the Falcon Products, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. By downloading, installing or using the Falcon Products, you agree to receive automatic software updates (as applicable).
G. Informational and Entertainment Purposes. You understand that the Falcon Products are for your personal, noncommercial use and are intended for informational and entertainment purposes only; the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
H. Commercial, Marketing, or Branding Use Prohibited. Except as expressly licensed, we do not allow uses of the Falcon Products, or other Falcon intellectual property, that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
I. Malware. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Falcon Product or connected network, or interfere with any person or entity’s use or enjoyment of any Falcon Product. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Falcon Product or game experience to create an advantage for one user over another.
J. Simulated Activity. You understand that to support smooth operation of the Falcon Products across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.
4. Paid Transactions
A. Identity of Seller. Sales are made by Falcon or the authorized seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some digital storefronts on the Falcon Products are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
B. Digital Content and Virtual Items. We may make applications, games, software or other digital content available on the Falcon Products or through authorized third parties, which third parties may charge a one-time or recurrent fee. When purchasing a license to access such material from a Falcon Product, charges will be disclosed to you before you complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality as intended by the Falcon Products with no right to reproduce, distribute, communicate to the public, make available to the public or transform any Falcon Product via any online media, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Falcon Product). Virtual items (including characters and character names) or in-game currency purchased or available to you in the Falcon Products can only be used in connection with the Falcon Products where you obtained them or where they were assembled by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Falcon Products for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
D. Pricing; Taxes. We may revise the pricing for the Falcon Products we offer. When you place your order, we will provide the current price and estimate the applicable tax, if any, and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
5. Contests, Sweepstakes and Promotions
Contests, sweepstakes and other similar promotions that you enter on a Falcon Product or in connection with Falcon Products integrated with a third-party website, service, application, platform, and/or content (“Falcon Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Falcon Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Falcon Promotion, please first review the applicable official rules and/or conditions. If a Falcon Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Falcon Promotion.
6. Disclaimers, Indemnification and Limitation on Liability
THE FALCON PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
PLEASE REFER TO THE HELP SECTION OF THE APPLICABLE FALCON PRODUCT FOR ASSISTANCE IF A FALCON PRODUCT IS NOT WORKING PROPERLY. It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with the Falcon Products.
We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.
We are not liable for business losses. We only supply products for your personal, non-commercial, and domestic use. If you use the products for any other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.
WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE FALCON PRODUCT(S), OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
You agree to defend, indemnify, and hold harmless Falcon, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Falcon Products, or your use of avatars or other products or information obtained from or through a Falcon Product.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
We do not accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
8. BINDING ARBITRATION AND CLASS ACTION WAIVER
The Falcon consumer service department is available to address any concerns you may have regarding the Services. You may contact them as follows:
Email: [email protected]
Address: 6996 Piazza Grande Avenue, Suite 301, Orlando, Florida 32835 USA
We endeavor to resolve matters to our customers’ satisfaction.
However, if we cannot informally resolve a problem, the following procedure must be followed by you and Falcon:
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Falcon will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Falcon agree to arbitrate, as provided below, any and all disputes of any nature whatsoever between you, except only: (a) if resolved informally, (b) disputes relating to the ownership or enforcement of intellectual property rights (but not including privacy or publicity rights); and (c) claims brought in small claims court (“Excepted Claims”).
A. In the event of a dispute, you or Falcon must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Falcon, 6996 Piazza Grande Ave # 301, Orlando, FL 32835, USA, Attention: General Counsel.
B. The dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they may have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 8 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
9. Additional Provisions
A. Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Orlando, Florida, USA, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
B. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any conflict of law principles.
C. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
D. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
E. Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.