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Falcon TV Terms of Use
.Updated November 8, 2023Welcome to Falcon TV! Here, you’ll find answers to your burning legal questions about our service. We know you can’t wait to get started, so without further ado, take it away, legal Falcon TVs!The “Falcon TV Service” means the personalized streaming service provided to you by Falcon TV TV LLC and its affiliated companies (including successors and assigns, “Falcon TV,” “we,” “us” or “our”), including (i) all Falcon TV websites, applications, software, user interfaces, features, functionalities, recommendations and reviews, and (ii) all material, including images, videos, text, and audio associated with our service (“Content”).These Terms of Service set out the agreement between you and Falcon TV regarding how you can use the Falcon TV Service and what responsibilities you and Falcon TV have to each other. These Terms of Service contain important information regarding your legal rights.BY USING THE Falcon TV SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, which describes our privacy practices in detail and is incorporated herein by reference. Please read them carefully.1. General.1.1. Acceptance of the Terms of Service. You may access the Falcon TV Service in accordance with the Terms of Service. You represent that you have read, understood, and agree to be bound by these Terms of Service in connection with your access to and/or use of the Falcon TV Service. If you do not agree to these Terms of Service, you may not access or use the Falcon TV Service. By using the Falcon TV Service, you will be deemed to have agreed to these Terms of Service.1.2. Eligibility. The Falcon TV Service is for users who are 18 years of age or older and reside in the United States (including its territories and possessions). You may not access or use the Falcon TV Service if you are outside of the United States (including its territories and possessions) or are barred from receiving the Falcon TV Service under these Terms of Service or applicable law. By accessing or using the Falcon TV Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria), and (ii) your access to and use of the Falcon TV Service will comply with the United States export control and economic sanctions requirements.In addition to those we offer, parental control protections (such as computer hardware, software, or filtering services) are commercially available, which may assist you in limiting access to material that is harmful to minors. Information regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.1.3. Supplemental Terms. Supplemental terms and conditions may apply to your use of certain aspects or features of the Falcon TV Service (“Supplemental Terms”), which we will provide to you or post on the Falcon TV Service. For clarity, the Help Center is deemed a set of Supplemental Terms. Any Supplemental Terms are in addition to and deemed part of these Terms of Service, and to the extent there is a conflict between the Supplemental Terms and these Terms of Service, the Supplemental Terms will prevail with respect to such conflict (except that these Terms of Service will control in the event of a conflict with the Help Center). If you do not agree to the applicable Supplemental Terms, you may not use the features of the Falcon TV Service to which they apply.1.4. Modifications. YOUR ACCESS TO OR USE OF THE Falcon TV SERVICE IS GOVERNED BY THE THEN-CURRENT TERMS OF SERVICE. We may modify these Terms of Service, and such changes will be effective (i) for existing users, thirty (30) days following either notification to you or our posting of the changes on Falcon TV’s website, or (ii) for new users who register for the Falcon TV Service during such 30-day period, at the time of registration. Your continued access or use of the Falcon TV Service after we post changes to these Terms of Service will be deemed acceptance of these Terms of Service as modified. We encourage you to check Falcon TV’s website regularly for any such changes. Customer service representatives are not authorized to modify these Terms of Service or any Supplemental Terms, either verbally or in writing, and any such modifications will have no effect.1.5. Account Registration. You may be asked to provide registration information in order to access the Falcon TV Service. You are responsible for providing correct, current, and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The Falcon TV Service and any usernames and/or passwords you use to access the Falcon TV Service (“Passwords”) are for personal use only. You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to your Falcon TV Service account. You may terminate your account for any reason or no reason, and we may suspend or terminate your account for any or no reason, including a violation of these Terms of Service.2. Subscriptions.2.1. Subscriptions and Fees. The Falcon TV Service requires you to sign up for a subscription and pay a subscription fee (plus applicable taxes and fees), although we may in our sole discretion provide limited access to the Falcon TV Service or some of its Content free of charge. The Falcon TV Service may include multiple plans, and these plans may have different rules, which we will provide to you at sign-up. Unless otherwise stated on your sign-up page and subject to applicable law, if you sign up for a subscription, you agree that your subscription may be automatically renewed for subsequent subscription periods of equal length (for example, monthly or annually) and at the then-current subscription fee (plus applicable taxes and fees) for such subscription. You acknowledge that (i) billing for a particular plan may not occur on the same date of each month (for example, if you sign up for a monthly subscription on July 31st, you will be billed on or around August 31st, September 30th, etc.), and (ii) billing for plan upgrades or other add-ons may not occur on the same date as billing for your underlying subscription.Subscription purchases have no monetary value (for example, they are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, and non-transferable right to access and use the Falcon TV Service in accordance with these Terms of Service. You may not transfer, sell, purchase, barter, or trade your subscription or attempt or offer to do so. Any attempted transfer will be null and void.The Falcon TV Service and any Content accessible through it are for your personal, non-commercial use only and may not be shared beyond your household unless otherwise permitted by your subscription plan. You are solely responsible for all use of your account, including the use of your account by other members of your household. You agree not to use the Falcon TV Service for public or commercial performances of any kind.We reserve the right to change the terms of your subscription, including its price, from time to time. We will give you advance notice of any price change prior to the next billing cycle, but we will not be able to notify you of any changes in applicable taxes or fees. If you do not wish to accept a price change, you may cancel your subscription in accordance with these Terms of Service.2.2. Payment Method. To use the Falcon TV Service, you must provide us with one or more payment methods. If you signed up for the Falcon TV Service through a third party as the biller, then your billing information must be managed through your account with the applicable third party. You represent and warrant that you are authorized to use the payment method provided (including any updates to that payment method), and you authorize us to charge the applicable subscription fee (plus applicable taxes and fees) to that payment method. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment method details change or are due to expire, then you agree that we may obtain or receive from your payment provider updated payment details including your card number, expiration date, and CVV (or equivalent).If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your access to the Falcon TV Service. We also reserve the right to pursue any amounts you fail to pay or that arise in connection with our collection efforts, including bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and court costs.2.3. Trial Periods. From time to time, Falcon TV may offer subscriptions to the Falcon TV Service on a limited, free-trial basis for a specified period (the “Trial Period”). Trial Periods may be subject to Supplemental Terms, and we have sole discretion to determine your eligibility for Trial Periods. If you are required to provide a payment method in connection with your Trial Period, your payment method will be charged the then-current subscription fee (plus applicable taxes and fees) for the Falcon TV Service following the expiration of the Trial Period, unless earlier terminated in accordance with these Terms of Service. You may not receive a separate notice that your Trial Period is about to end or has ended or that your paid subscription has begun.2.4. Promotions. The Falcon TV Service (or certain Content available on the Falcon TV Service) may be offered as part of a promotion, including discounted offerings or as part of a bundle with other products or services offered by us or third parties (“Promotions”), and the availability of any such Promotion may be limited in duration (the “Promotional Period”). We are not responsible for the products and services provided by third parties.You may redeem a particular Promotion according to the rules for that Promotion (and such rules are deemed Supplemental Terms). If you received a Promotion through a third party, additional terms and conditions may apply; please contact the applicable third party for those terms and conditions. We or the applicable third party have sole discretion to determine your eligibility for a particular Promotion and may limit your opportunity to participate. Unless we expressly state otherwise in the applicable rules, a particular Promotion can only be redeemed once, cannot be redeemed for cash, and may not be combined with other offers. Your payment method will be charged the then-current subscription fee (plus applicable taxes and fees) for the Falcon TV Service following the expiration of the Promotional Period, unless earlier terminated in accordance with the applicable terms. You may not receive a separate notice that your Promotional Period is about to end or has ended or that your modified subscription to the Falcon TV Service has begun.2.5. Cancellations, Terminations and Refunds. You may cancel your subscription to the Falcon TV Service at any time before the end of the then-current billing period, Trial Period, or Promotional Period (as applicable) by logging in to your account and following the cancellation instructions, which may include visiting third-party account pages if you are billed by a third party. Unless otherwise required by applicable law, and except as may be set forth in Supplemental Terms or the terms and conditions of any third-party biller, (i) a cancellation means that your subscription will not renew (that is, you will continue to have access to the Falcon TV Service until the end of your then-current billing period (which may be monthly or annual), Trial Period or Promotional Period (as applicable)), and (ii) you are not entitled to any refunds or credits in connection with any downgrades, suspensions, cancellations, or terminations of the Falcon TV Service. You acknowledge that if you signed up for plan upgrades or other add-ons that have a different billing period than the billing period of the underlying plan you cancelled, you may continue to be billed for the plan upgrade or add-on until the end of its separate billing period.3. Services.3.1. Availability of Services. We grant you a limited, non-sublicensable, non-transferable license to access, download, and use the Falcon TV Service for your personal use and only in accordance with these Terms of Service. Except as we specifically agree in writing, no element of the Content may be used or exploited in any way other than as part of the authorized Falcon TV Service made available to you. We may change, suspend, or discontinue the Falcon TV Service, in whole or in part, at any time for any reason without notice or liability to you. We make no representations or warranties about the quality, accuracy, or availability of the Falcon TV Service.3.2. Devices and Charges. You are solely responsible for obtaining all devices and software, internet, and mobile network connectivity, and other services needed for your access to and use of the Falcon TV Service, and you will be solely responsible for all charges related to them. We are not responsible for the performance of devices you use to access the Falcon TV Service, including the ongoing compatibility of such devices with the Falcon TV Service, and you agree to look solely to the entity that manufactured and/or sold or leased you the device for any issues related to it. In addition, some aspects of the display of available Content (for example, its resolution and the speed to initiate viewing) and other functionality may vary from device to device and may be affected by factors such as your location, the configuration of your device, and the speed of your internet or mobile connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.3.3. Wireless Features. The Falcon TV Service may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content, or download applications to your wireless device (“Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. Some features of the Falcon TV Service may be limited by location or may not function without access to location information, and we will not be liable to you for limitations or restrictions on access to Content without access to location information.4. Content.4.1. Falcon TV Content. The Falcon TV Service contains or references Content that is owned by us as well as third parties. As between Falcon TV and you, Falcon TV owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual property and proprietary rights throughout the world associated with the Falcon TV Service and its Content. Except as expressly stated in these Terms of Service, nothing herein will be deemed to convey to you any right, title, or interest in or to the Falcon TV Service or its Content. To the extent the Falcon TV Service includes an explicit authorization with respect to certain Content (for example, the right to re-post content on social media), Falcon TV hereby grants you a limited, revocable license to post or upload such Content onto your personal social media account(s) without modification and in accordance with the restrictions in these Terms of Service and any other Supplemental Terms associated with such Content or activity.4.2. Content Limitations. The availability of Content on the Falcon TV Service may change from time to time and from place to place and may be edited, reformatted, or otherwise modified from the original version. Content types, ratings, reviews, genres, categories, and descriptions are provided as suggestions to help navigation. We do not guarantee that you will agree with these suggestions. You acknowledge that Content is inherently subjective, and the Falcon TV Service may include Content that you find offensive, indecent, explicit, or otherwise objectionable (including, for example, if the Content contains outdated cultural references). You should not rely on the Content you view for advice, whether legal, medical, or otherwise. If you are susceptible to photosensitive epilepsy or other photosensitivities, please be aware that some Content may contain flashing lights or sequences of patterns.4.3. Simultaneous Streams and Downloads. Some plans of the Falcon TV Service may enable you to stream Content simultaneously to multiple devices. You acknowledge that simultaneous streaming may be subject to limitations, which may change from time to time, including with respect to the maximum number of simultaneous streams, as more fully explained in the Help Center. Some plans of the Falcon TV Service may also enable you to temporarily download certain Content to your device for offline viewing. You acknowledge that downloads may be subject to limitations, which may change from time to time, including with respect to Content type and amount, device limitations, accessibility of temporary downloads, and geographic restrictions on playback, as more fully explained in the Help Center. For clarity, downloaded Content will no longer be available to you if you terminate your subscription or change it to a plan that does not permit temporary downloads. Falcon TV makes no guarantee that any particular piece of Content will be available for simultaneous streaming or offline viewing.4.4. User-Generated Content. We may include opportunities for you and others to upload, post, transmit, or otherwise distribute (“Upload”) on or through the Falcon TV Service text, images, audio, video, or other content (“User-Generated Content”). Except as may be explicitly requested in connection with particular programs or promotions, Falcon TV is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing Falcon TV properties or not). Except as expressly set forth in these Terms of Service, you will continue to own all rights in and to your User-Generated Content, except to the extent your User-Generated Content contains or is otherwise derived from materials, content, or elements owned by Falcon TV or any of our affiliated companies or partners (for example, characters or other elements created or owned by us). To the extent we authorize you to create, Upload, publicly display, or publicly perform User-Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the specifically referenced Content, and you assign to us of all rights worldwide in the work you create for the duration of copyright in the User-Generated Content in any manner and any media now known or hereafter developed, including for use on third-party sites and platforms. If such assignment is invalid, your license to create derivative works using our Content is null and void.4.4.1. License to User-Generated Content. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sub-licensable through multiple tiers (including to other users of the Falcon TV Service), transferable, non-exclusive license to use, reproduce, adapt, prepare derivative works based on, publicly display, publicly perform, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, User-Generated Content (including your name, likeness and voice as it appears in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you and without the requirement of compensation or additional permission from you or any other person or entity. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above. You agree that Falcon TV may give you attribution for your User-Generated Content, but we are not required to do so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives, or other users.4.4.2. Public Nature of Falcon TV Service. You acknowledge that (i) you Upload any User-Generated Content voluntarily and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and (ii) no fiduciary relationship exists between us and you or any other party based on the User-Generated Content. Although we may offer you the ability to Upload User-Generated Content anonymously, we may store your account information. We make no guarantees to remove User-Generated Content from the Falcon TV Service or other sites, and we may retain User-Generated Content in our backup files, including after termination of your account. We retain the right to make use of your User-Generated Content in accordance with These Terms of Service even after your User-Generated Content is deleted from the Falcon TV Service. You acknowledge that deletion of your User-Generated Content from the Falcon TV Service will not result in, and we are not responsible for, the deletion of the User-Generated Content by third parties who previously had access to that User-Generated Content. You assume full responsibility for maintaining backup copies of your User-Generated Content and we assume no responsibility for any loss of your User-Generated Content, for instance, due to its removal by us.4.4.3. No Responsibility for User-Generated Content. Falcon TV is not responsible or liable for any User-Generated Content, and we have no obligation to investigate, monitor, or correct any User-Generated Content (for example, for accuracy or completeness) except as provided in Section 4.5. User-Generated Content may not reflect the views of Falcon TV, and we do not endorse any User-Generated Content that you or other users Upload.4.4.4. Feedback. We have not agreed to, and do not agree to, treat as confidential any comments, information, ideas, concepts, reviews, techniques, or other communication you may send to us, including via responses to questionnaires and other methods (“Feedback”). We will be free to use, profit from, disclose, publish, or otherwise exploit any Feedback without compensation to you. Any Feedback will be deemed User-Generated Content and subject to the grants by you applicable to User-Generated Content in these Terms of Service. Our receipt of your Feedback is not an admission by us of their novelty, priority, or originality and does not limit our right to contest intellectual property rights related to your Feedback.4.5. Infringement Policy. We respect the intellectual property of others, and we ask our users to do the same. The Falcon TV Service and its Content are protected by copyrights, patents, trade secrets, or other proprietary rights. Some of the characters, logos, or other images incorporated by us in the Falcon TV Service are also protected as registered or unregistered copyrights, trademarks, trade names, and/or service marks owned by us or others.Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act of 1998, we reserve the right, but not the obligation, to (i) remove your User-Generated Content, and (ii) terminate your license to use the Falcon TV Service if we determine in our sole discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.If you believe that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice to us to request a review of the alleged infringement, including the following information:Your name, address, telephone number, and e-mail address,A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or the person allegedly defamed,Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Falcon TV Service are covered by a single notification, a representative list of such works,For materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials,Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including, if available, the web address where the material was found on the Falcon TV Service),A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law, andA statement that the information in the notice is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.Send this notice to the agent identified below to request a review of the alleged infringement:By mail:NBCUniversalAttn: DMCA Agent100 Universal City Plaza, LRW 6Universal City, CA 91608Phone: 818-777-1000By e-mail: dmca.agent@nbcuni.com5. Restrictions.5.1. Prohibited Actions. You may not attempt any of the actions set forth in this Section 5.1 or authorize, facilitate, or induce others to do so. You recognize that Uploading unlawful material could expose you to criminal and/or civil liability.You may not attempt to gain unauthorized access to computer systems or networks connected to the Falcon TV Service.You may not threaten, abuse, harass, or invade the privacy of any third party. Furthermore, you may not interfere with any other user’s ability to use or enjoy the Falcon TV Service.You may not use or encourage or facilitate others’ use of any portion of the Falcon TV Service for any unlawful purpose or in violation of applicable law. You may not Upload any content or material that is (i) fraudulent, (ii) infringing on the rights of any third party, (iii) libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate (including images of a sexual nature), or (iv) otherwise unlawful.You may not impersonate any other person or entity or otherwise misrepresent or disguise yourself. You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the Falcon TV Service in a manner that suggests an association with our products, services, or brands except as agreed by us in writing. You may not provide fictitious information or conceal your identity or location, including in an attempt to circumvent limits associated with Promotions or geographic Content restrictions.You may not, either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone, or other device or other means (i) remove, alter, bypass, avoid, interfere with, obstruct, decompile, reverse-engineer, disassemble, or circumvent any copyright, trademark, or other proprietary notices marked on the Falcon TV Service or Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Falcon TV Service or Content, or (ii) copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, frame, transmit, or retransmit the Falcon TV Service or Content, or any part thereof or any materials derived therefrom, unless expressly permitted by us in writing.You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Falcon TV Service or its servers and infrastructures. You are also prohibited from disabling, modifying, or interfering with the Falcon TV Service to allow users to view Content without (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, copyright notices, and trademarks), and (ii) having full access to all functionality permitting viewing of Content, including all video quality and display functionality and all interactive, elective, or click-through advertising functionality.You may not use any software or device that allows automated gameplay, expedited gameplay, or other manipulation, and you agree not to cheat or otherwise modify the Falcon TV Service or game experience to create an advantage for one user over another.You may not insert any code into the Falcon TV Service or Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the Falcon TV Service or any computer software, hardware, or telecommunications equipment associated with the Falcon TV Service, or (ii) enable or facilitate unauthorized access to the Falcon TV Service or Content of ours or any third party.Except as expressly authorized in the Terms of Service, you may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the Falcon TV Service or any Content available via frames or links, and you may not otherwise surround or obfuscate the Falcon TV Service or Content with any third-party content, materials, or branding.You may not solicit or collect information about other users of the Falcon TV Service or use any such information for (i) unauthorized or unsolicited advertising, junk, or bulk email, chain letters, or any other form of unauthorized solicitation, or (ii) any other commercial purposes.You may not access, search and/or collect data from, or attempt to access, search and/or collect data from, the Falcon TV Service by any means (whether automated or manual) other than through our currently available, published interfaces that are made available to you by us, unless Falcon TV has given its express written authorization to do so. Without limiting the foregoing, (i) you may not use any robots, spiders, crawlers, devices, scripts, or other data gathering or extraction software and/or tools, whether automated or manual, to access, acquire, copy, monitor, scrape, data mine, or aggregate any Content or any portion of the Falcon TV Service for any purpose, and (ii) you may not use any Content for the purpose of directly or indirectly training, developing, or improving a software tool or service, including any artificial intelligence tool, model, system, or platform.You may not build a business for commercial purposes, in whole or in part, resell, redistribute, or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Falcon TV Service or Content, whether for profit or for no profit.Except as otherwise agreed between Falcon TV and you in writing, you may not use the Falcon TV Service in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (for example, offering products or services, conducting raffles or contests, or displaying sponsorship banners), or (ii) that solicits funds, advertisers, or sponsors, whether for profit or for no profit.You may not Upload unsolicited bulk communications of any kind. For example, you may not send “mailbombs” (that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or “spam” (that is, unsolicited emailing for business or other purposes).5.2. Investigations, Monitoring, and User Disputes. We may, but are under no obligation to, examine, record, copy, and disclose your use of the Falcon TV Service including as necessary to satisfy any law, regulation, or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including modifying or removing any User-Generated Content, warning users, suspending users and Passwords, terminating accounts, blocking access to the Falcon TV Service, or taking other corrective action we deem appropriate. You are solely responsible for your use of the Falcon TV Service, User-Generated Content, and any interaction with other users of the Falcon TV Service, and we reserve the right, but will have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Falcon TV Service.5.3. Termination and Suspension. Termination, suspension, or cancellation of your account or access to the Falcon TV Service (“Termination”) will not affect any right or relief to which we may be entitled, at law or in equity. Upon such Termination, all rights granted to you in these Terms of Service will automatically terminate and immediately revert to us. Following such Termination, these Terms of Service will remain in full force and effect with respect to your past use of the Falcon TV Service, including all rights granted by you to us.6. Third Parties.6.1. Third-Party Services. The Falcon TV Service may provide links to third-party websites, widgets, software, services, or other utilities (each, a “Third-Party Service”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. Our inclusion of a link to or other integration with a Third-Party Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of, and made available by, those Third-Party Services. We are not responsible for any confidential or personal information you provide in connection with any Third-Party Service or for loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third-Party Service on the Falcon TV Service.6.2. Third-Party Platform Providers. If you access or download the Falcon TV Service via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. or any other third-party app store or platform (each, a “Third-Party Platform Provider”), such Third- Party Platform Providers will be third-party beneficiaries to these Terms of Service. However, these Third-Party Platform Providers are not party to these Terms of Service and have no obligation to provide maintenance and/or support of the Falcon TV Service. Your access to the Falcon TV Service through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable Terms of Service. You should read the Terms of Service and privacy policies that apply to such Third-Party Platform Providers.In the case of the Falcon TV Service application accessed or downloaded via the Apple app store or platform, if such application fails to conform to any applicable warranty in these Terms of Service, then you may notify Apple, and Apple will refund to you the purchase price (if any) of the application. Falcon TV, not Apple, is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including (i) product liability claims, (ii) any claims that such application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, Falcon TV, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.6.3. Authentication. To the extent your use of the Falcon TV Service requires authentication by your cable, satellite, or other multichannel video programming distributor or by any other service provider (each, a “Third-Party Service Provider”), then the authentication process and any information you provide is strictly between you and your Third-Party Service Provider, and we will have no responsibility or liability with respect to such process. These Terms of Service do not govern your use of any Third-Party Service Provider’s website or destination.6.4. Third-Party Licenses. The Falcon TV Service may include open-source software or third-party software. Any such software is made available to you under the terms of the applicable licenses. Please review the information set forth here for applicable license terms related to the Falcon TV Service.7. Disclaimers and Disputes.7.1. Disclaimer of Warranties. We make no representations or warranties as to the Falcon TV Service (which, for purposes of this Section 7 only, will include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness, or otherwise. WE PROVIDE THE Falcon TV SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND LICENSORS (COLLECTIVELY, THE “Falcon TV PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, OR NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.7.2. Limitation of Liability. IN NO EVENT WILL THE Falcon TV PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE Falcon TV SERVICE OR THESE TERMS OF SERVICE EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO Falcon TV IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY, OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE Falcon TV SERVICE. FURTHERMORE, NONE OF THE Falcon TV PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE Falcon TV SERVICE. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF Falcon TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA, OR ANY OTHER DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE Falcon TV PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.7.3. Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGE YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE Falcon TV PARTIES OR YOUR USE OF THE Falcon TV SERVICE IS NOT IRREPARABLE AND IS INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE Falcon TV SERVICE OR THE DISPLAY, PERFORMANCE, OR DISTRIBUTION OF ITS CONTENT.7.4. Indemnification. You agree to defend, indemnify, and hold harmless the Falcon TV Parties from and against any and all claims, demands, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of these Terms of Service, (ii) User-Generated Content that is Uploaded from your account, and/or (iii) your use of the Falcon TV Service or any use of your account via the Falcon TV Service.8. Dispute Resolution.8.1. Disputes to Be Heard in Court. Falcon TV and you agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these Terms of Service or regarding (i) your use of or interaction with the Falcon TV Service, (ii) any purchases or other transactions or relationships related to your use of the Falcon TV Service, or (iii) any data or information you provide to us or we gather in connection with such use, interaction, or transaction will be resolved in federal or state (including small claims) court, and neither party will be required to arbitrate any claims against the other. Any claims filed after the effective date of these Terms of Service will be resolved in federal or state (including small claims) court, as the case may be, and this dispute resolution procedure expressly supersedes any prior provision of any agreement.8.2. Applicable Law. These Terms of Service, any Supplemental Terms, and the relationship between you and us will be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. Except as provided in applicable Supplemental Terms, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the Falcon TV Service or these Terms of Service. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.8.3. Jurisdiction and Venue. Any action or proceeding arising from, relating to, or in connection with these Terms of Service will be brought exclusively in the federal or state (including small claims) courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction under the doctrine of forum non conveniens or otherwise.8.4. Limited Time to File Claims. UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW THAT ESTABLISHES A DIFFERENT STATUTE OF LIMITATIONS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE USE OF THE Falcon TV SERVICE OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.9. Additional Terms.9.1. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Falcon TV Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php.9.2. No Waiver. No failure or delay by us in exercising any right, power, or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.9.3. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.9.4. Entire Agreement. These Terms of Service represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.9.5. Assignment. These Terms of Service are binding upon and will inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You will not assign your rights or obligations hereunder without our prior written consent, and any assignment without our consent will be void and invalid at the outset.9.6. 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.9.7. Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these Terms of Service.9.8. Survival. The provisions of these Terms of Service which by their nature should survive the termination of these Terms of Service will survive such termination, including your obligation to pay subscription fees (plus applicable taxes and fees) in Section 2, our right to exploit User-Generated Content in Section 4, our enforcement rights in Section 5, the limitations of liability in Section 7, rules regarding dispute resolution in Section 8, and the general provisions in this Section 9.Wow, you made it to the end of the whole document. Amazing! You deserve a long, satisfying binge. Thanks for taking the time to read through our terms. Welcome to the flock!
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