Terms of Service
EdgyBees, Ltd. (“EdgyBees”, or “us”, “our”, “we”) provides a proprietary augmented reality game (the “Game”) for your unmanned aerial vehicle (“Drone”). These Terms of Service (“Terms”) govern your access and use of the Game. “You” or “Your” means a user of the Game.
Use of Game
EdgyBees allows you to access and use the Game subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use of the Game. EdgyBees may, in its sole discretion and at any time, discontinue providing the Game or any part thereof without notice.
Use of and access to the Game is void where prohibited. By using the Game, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or are agreeing to these Terms on behalf of an individual under 18 years of age for whom you are a parent or legal guardian, and (d) your use of the Game does not violate any applicable law or regulation or any obligation you may have to a third party and you will always use the Game (and any Drones you use together with the Game) in compliance with applicable laws and regulations.
Use of the Game requires a Drone. You are responsible for obtaining all Drones and other hardware equipment necessary to use the Game. You are responsible for using all such Drones and other hardware equipment in compliance with applicable law and user guidelines. As further detailed below, EdgyBees does not and cannot accept responsibility for the Drone (including any accompanying camera or video technology).
EdgyBees does not currently charge for the use of the Game. EdgyBees may begin charging for the use of the Game at any time with prior notice.
You must ensure that you use the Game with all relevant safety precautions. For example, remain aware at all times of your surroundings and the operations of the Drone. Use of the Game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Game. As further detailed below, EdgyBees accepts no liability for your use of the Game or any damage or injury that may be caused through your use of the Game or any Drone, including any liability related to any property damage, personal injury, or death that may occur during your use of the Game. As such, you may be solely liable for any such injury or damage.
EdgyBees accepts no liability for any flight course provided or presented by the Game. Any flight course if followed may direct the Drone into obstacles or cause the Drone to collide into a physical object. You must use caution and exercise necessary judgment in order to prevent such physical collisions. You are solely responsible for preventing any physical collisions and EdgyBees accepts no liability in respect thereof.
Compliance with Law
Many jurisdictions require that Drones be used in compliance with specific laws and regulations. It is your responsibility to ensure that you are aware of and understand such laws and regulations – including to the extent necessary checking with your local authorities regarding your use of the Drone and Game – and use your Drones and the Game always in compliance with such laws and regulations. You must not operate the Drone or the Game in any illegal manner or purpose or in violation of any applicable federal, state, local or international laws and regulations. For example, the use of the Drone may be subject to flight limitations (including height or distance limitations or no-flight zones) and you must only use the Drone and Game in compliance with all such limitations.
Many jurisdictions require that you have a visual observer always keep your aircraft within unaided sight (for example, no binoculars). However, even if you use a visual observer, you must still keep your unmanned aircraft close enough to be able to see it if something unexpected happens. Neither you nor a visual observer can be responsible for more than one unmanned aircraft operation at a time.
You must obtain all required approval and clearances from the applicable authorities prior to your flight. Again, as further detailed below, EdgyBees accepts no liability for your use of the Game or any damage or injury that may be caused through your use of the Game or any Drone, including any liability related to any property damage, personal injury, or death that may occur during your use of the Game. As such, you may be solely liable for any such injury or damage.
You should not reveal your password to other users. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates EdgyBees Terms. If your account is terminated, you may not join EdgyBees again without express permission.
You agree to immediately notify EdgyBees of any unauthorized use of your account or password. You are fully and solely responsible for the security of your Drone and other devices and all activity on your account, even if such activities were not committed by you. EdgyBees will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold EdgyBees harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to email@example.com that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Game.
Termination of Account
You agree that EdgyBees may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Game any Game Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is not in compliance with applicable law or is harmful to other users, third parties, or the business interests of EdgyBees.
If EdgyBees believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, it may take any other corrective action it deems appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Game. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Game Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your EdgyBees account at any time and for any reason by sending an email to firstname.lastname@example.org. Any suspension, termination, or cancellation shall not affect your obligations to EdgyBees and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
EdgyBees and its licensors own the Game, including all worldwide intellectual property rights in the Game and all content appearing in the Game (“Game Content”), and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Game or any Game Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Game or Game Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of EdgyBees or any third party.
If you provide us with any feedback regarding the Game or any Game Content, then you also grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable license under any intellectual property rights that you own or control to exploit the feedback for any purpose, and including without limitation to use, copy, modify, create derivative works of such feedback.
The software and technology underlying the Game is the property of EdgyBees, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Game, including in order to allow you to copy or download any Game Content; (b) circumvent, disable, or otherwise interfere with security-related features of the Game or features that prevent or restrict use or copying of any Content; (c) use the Game and/or Content in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Game; (e) harvest, collect or mine information about other users of the Game; or (f) use or access another user’s account or password without permission.
In using the Game, you shall not (a) harass, harm, stalk, threaten or otherwise violate the rights of other, including without limitation their rights of privacy and publicity, (b) trespass, or in any manner attempt to gain access to any property or location where you or your Drone does not have permission to be, or (c) violate, or encourage any conduct that would violate, any applicable law or take any action that would give rise to civil liability.
Disclaimers & Disclaimer of Warranty
Your use of the Game and/or Game Content is at your sole discretion and risk. The Game and/or Game Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from EdgyBees. EDGYBEES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Game AND/OR GAME CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EDGYBEES DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, SAFETY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Game AND/OR CONTENT; OR (II) THAT THE Game WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Game.
No advice or information, whether oral or written, obtained by you from EdgyBees, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation Of Liability
THE USE OF ANY DRONE OR THE GAME COMES WITH RISKS. IT IS YOUR RESPONSIBILITY TO EDUCATE YOURSELF ABOUT SUCH RISKS. BY USING ANY DRONE OR THE GAME, YOU ASSUME ALL RISKS RELATING TO YOUR USE OF THE DRONE AND GAME. UNDER NO CIRCUMSTANCES SHALL EDGYBEES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE GAME.
IN NO EVENT SHALL EDGYBEES OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE DRONE, Game OR GAME CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Game, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EDGYBEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EDGYBEES’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO EDGYBEES FOR USE OF THE Game. IF YOU HAVE NOT MADE ANY PAYMENTS TO EDGYBEES FOR THE USE OF THE Game, THEN EDGYBEES SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
EDGYBEES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY THIRD PARTY HARDWARE, INCLUDING WITHOUT LIMITATION YOUR MOBILE DEVICE, THE DRONE AND FOR ANY EQUIPMENT PROVIDED TOGETHER WITH THE DRONE, INCLUDING WITHOUT LIMITATION ANY CAMERA OR VIDEO TECHNOLOGY OF THE DRONE. IT IS YOUR RESPONSIBILITY TO USE ALL SUCH HARDWARE IN COMPLIANCE WITH APPLICABLE LAW AND CONSISTENTLY WITH ALL SAFETY REGULATIONS AND INSTRUCTIONS. EDGYBEES IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMMUNICATION SYSTEMS, INCLUDING THE RADIO OR WIRELESS COMMUNICATION SYSTEMS OF THE DRONE.
You agree to indemnify, defend, and hold harmless EdgyBees and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Game, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and EdgyBees or authorizes you to act on behalf of EdgyBees. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between EdgyBees and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Game, but we cannot guarantee that anything available on the Game, or any records or information relating to the Game, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.
You and EdgyBees agree that, except as provided below, all disputes, controversies and claims related to these Terms or the use of the Game (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. The arbitration will be conducted in New York, NY unless the parties agree to video, phone and/or internet connection appearances. In the event of a conflict between the terms set forth herein and the JAMS Rules, the terms herein will control and prevail.
Except as otherwise set forth herein, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and EdgyBees will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and EdgyBees may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
You and EdgyBees agree that any arbitration shall be limited to the Claim between EdgyBees and you individually. YOU AND EDGYBEES AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You and EdgyBees agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or EdgyBees’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If EdgyBees initiates arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
Last updated: April 2017