Terms & Conditions

IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF BYND® FiTLAND

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING BYND® FiTLAND, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

USER AGREEMENT

BYND® FiTLAND is a registered trademark owned by AX-IT, LLC who owns and operates the Website and mobile app that links to these Terms of Use. We are excited to launch the first ever Fit Fantasy Sweepstakes of skill as well as other content, products, services and promotions (collectively the “Services”) that we may provide directly from our mobile app or Website, subject to these Terms of Use (the “Terms of Use”, or “Terms”), our privacy policy (the “Privacy Policy”) and the Official Rules and Regulations for the applicable contests and promotions (the “Rules” or “Rules and Scoring,” and together with the Terms of Use and the Privacy Policy, the “Agreements”).

CONSIDERATION

You agree to these Terms of Use by accessing or using the Website and/or mobile app, registering for Services offered on the mobile app, or by accepting, uploading, submitting or downloading any information or content from or to the Website and/or mobile app. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE OR THE MOBILE APP. These Terms of Use constitute a legal agreement between you and AX-IT, LLC (dba BYND® FiTLAND), and shall apply to your use of the Website, mobile app and the Services even after termination.

FIT FANTASY SWEEPSTAKES AND OTHER CONTESTS

The Fit Fantasy Sweepstakes contests DO NOT violate gambling laws. It is important to note that the FIT FANTASY SWEEPSTAKES contests run on the BYND® FiTLAND mobile app are FREE TO PLAY contests with NO CASH PAYMENTS and NO CASH PRIZES. They are contests of skill based decisions and criteria, eliminating the element of CHANCE and there is no CONSIDERATION as anyone can play by simply downloading and creating an account on the BYND® FiTLAND mobile app. Some contests are based on a WOD to EARN concept in which, as part of the mission of the company and the promotion of health and fitness, the users will EARN an entry to the contest by completing a fitness challenge (WOD – workout of the day).

Fit Fantasy Sweepstakes and other contests provided and made available through the BYND® FiTLAND mobile app are exclusive to the sport of Functional Fitness.

ELIGIBILITY

You must be at least eighteen (18) years of age to open an account, participate in contests, sweepstakes or win prizes offered by the mobile app. In jurisdictions, territories, and locations where the minimum age for permissible use of the mobile app is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Arizona Iowa, Louisiana or Massachusetts. It is a criminal offense to allow any individual that does not meet the age requirements in their local jurisdiction or territory to participate in contests. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon and Washington and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests or sweepstakes (together the “Excluded Regions”) are eligible to open an account and participate in contests and sweepstakes offered by the mobile app. You agree to abide by all applicable laws in the jurisdiction where you are located while using the mobile app. Legal residents of the Excluded Regions are eligible to open and maintain accounts on the Website and mobile app for use only in games that do not offer prizes. However, legal residents of Idaho who are physically located outside of the Excluded Regions are eligible to deposit funds, enter contests and earn prizes offered by the Website. Legal residents of Canada are eligible to open an account and participate in contests offered by the Website and/or mobile app.

You may establish only one account per person to participate in the Services offered on the Website and/or mobile app. In the event BYND® FiTLAND discovers that you have opened more than one account per person, in addition to any other rights that BYND® FiTLAND and AX-IT, LLC may have, BYND® FiTLAND and AX-IT, LLC reserve the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. You are responsible for ensuring you use strong and secure passwords, and you may be required to change your passwords from time to time. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website and/or mobile app. 

BYND® FiTLAND employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the Website and/or mobile app; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website and/or mobile app: Fit Fantasy Sweepstakes. 

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in, and are strictly prohibited from entering, any BYND® FiTLAND contests that are deemed PAY TO PLAY in the competition/contest in which they are participating in.

CONTEST ENTRY

Users will be able to visit the mobile app and identify that a competition is available for entry (the “Contests”) if the “Fantasy” button is displayed. If the “Fantasy” button is not displayed, it means that the competition has chosen not to be involved in Fit Fantasy. External competitions (not contracted with BYND® FiTLAND) may be made available through the FiT FANTASY building in the metaverse for the purpose of playing Fantasy in that competition. There are no entry fees to play. The only requirement to play some contests is to have a registered account by an Authorized Account Holder. Other modalities include the WOD to EARN concept, in which, as part of the mission of the company and the promotion of health and fitness, the users will EARN an entry to the contest by completing a fitness challenge (WOD – workout of the day). A user that enters the mobile app as a “Guest” will not be able to partake in the Contest. The maximum number of entries an Authorized Account Holder may submit for a particular Contest is listed in the “Info” tab of each Contest.

CONDITIONS OF PARTICIPATION

By entering a Contest, entrants agree to be bound by these Rules and the decisions of BYND® FiTLAND, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent BYND® FiTLAND from pursuing criminal or civil proceedings in connection with such conduct.

By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless BYND® FiTLAND, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. BYND® FiTLAND may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize.

BYND® FiTLAND is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

BYND® FiTLAND is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, mobile app, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of BYND® FiTLAND corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR MOBILE APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BYND® FiTLAND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

All entries become the property of BYND® FiTLAND and will not be acknowledged or returned.

To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide BYND® FiTLAND with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, BYND® FiTLAND will, in its sole and absolute discretion, utilize certain information collected by BYND® FiTLAND to assist in verifying the identity and/or eligibility of such Authorized Account Holder.

Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest, the Website or mobile app. Winners agree that from the date of notification by BYND® FiTLAND of their status as a potential winner and continuing until such time when BYND® FiTLAND informs them that they no longer need to do so that they will make themselves available to BYND® FiTLAND for publicity, advertising, and promotion activities.

BYND® FiTLAND reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by BYND® FiTLAND in its sole discretion.

CONTEST PRIZES AND PROMOTIONS

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. 

OTHER LEGAL RESTRICTIONS CONTEST OF SKILL

Contests offered on the mobile app are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and contest rules to accumulate the most points according to the corresponding scoring rules. The Website, mobile app and Contests may not be used for any form of illicit gambling.

CONTEST STATISTICS AND LIVE SCORING

To the extent that we offer ‘live’ statistics during functional fitness competitions, all ‘live’ statistics and other information provided through the BYND® FiTLAND mobile app and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While BYND® FiTLAND and the third parties used to provide the BYND® FiTLAND Services use reasonable efforts to include accurate and up-to-date information, neither BYND® FiTLAND nor its third party providers warrant or make any representations of any kind with respect to the information provided through the BYND® FiTLAND mobile app and related information sources. BYND® FiTLAND and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the BYND® FiTLAND mobile app and related information sources, and shall not be responsible or liable for any error or omissions in that information.

CONTEST RESULTS

Contest results and prize calculations or determinations are based on the final statistics and scoring results at the completion of the functional fitness competition that has enabled Fit Fantasy as a Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the competition organizers or governing body at later times or dates, except in BYND® FiTLAND’s sole discretion. Information about the effects of a cancelation, postponement, or rescheduling of an event within a Contest are available in the “Rules & Scoring” page on the Website.

PRIZES

At the conclusion of each Contest, prizes will be awarded following the prize distribution guidelines of each Contest. These guidelines are available in the “Rules & Scoring” page on the Website. There are no cash prizes or distributions. The prize distribution process may involve putting the prize donor in contact with the prize winner or acting as an intermediary to ensure that the prize winner receives their prize or has the opportunity to exchange or transfer if the “Rules & Scoring” of the Contest allows.

PRIZE TABLES

Contest prizes will be published with the creation of each new contest. BYND® FiTLAND reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by BYND® FiTLAND to its customers but will not be required.

PAYMENT AND DELIVERY OF PRIZES

Winners are posted on the Website.

Before proceeding with the prize distribution guidelines, BYND® FiTLAND may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If BYND® FiTLAND requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or BYND® FiTLAND otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, BYND® FiTLAND reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, BYND® FiTLAND may assign any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, BYND® FiTLAND reserves the right in its sole discretion to determine whether or not to award such prizes.

No substitution or transfer of prize is permitted, except that BYND® FiTLAND reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable for whatever reason. All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

In most cases, delivery of Sweepstakes prizes will be based on an agreement of shipping and handling process and fees between the prize donor and the prize winner. BYND® FiTLAND will make every possible effort to mediate and complete the process of prize delivery.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, BYND® FiTLAND may, without prior notice, immediately revoke any or all of your rights granted hereunder or suspend your account. In such event, you will immediately cease all access to and use of the BYND® FiTLAND Website and/or mobile app. BYND® FiTLAND may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website and/or mobile app. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND MOBILE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE OR MOBILE APP, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE AND MOBILE APP; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE AND MOBILE APP; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE OR MOBILE APP; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE OR MOBILE APP BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE, MOBILE APP OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE, MOBILE APP OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, MOBILE APP, ANY OF THE WEBSITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES, MOBILE APP OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE OR MOBILE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE OR MOBILE APP, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, MOBILE APP OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE OR MOBILE APP INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AND MOBILE APP AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, MOBILE APP, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR MOBILE APP; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE, MOBILE APP OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OR MOBILE APP’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE OR MOBILE APP). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE OR MOBILE APP IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, MOBILE APP OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE, MOBILE APP OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, MOBILE APP OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE, MOBILE APP OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE OR MOBILE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website and/or mobile app, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to BYND® FiTLAND, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website and mobile app is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BYND® FiTLAND reserves all rights not expressly granted in and to the Website and mobile app and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website, mobile app or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website, mobile app or the Intellectual Property therein.

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to BYND® FiTLAND, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of BYND® FiTLAND, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to BYND® FiTLAND, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to BYND® FiTLAND the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

CONSENT TO JURISDICTION IN PUERTO RICO, ATTORNEY’S FEES

The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) (“Claims”) shall be the courts of competent jurisdiction sitting within San Juan, Puerto Rico (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and BYND® FiTLAND waive any and all rights to trial by jury with respect to any Claims.

In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.

MISCELLANEOUS

These Terms of Use shall be governed by the internal substantive laws and civil laws of Puerto Rico, without respect to its conflict of laws principles. Any claim or dispute between you and BYND® FiTLAND that arises in whole or in part from the Terms of Use, the Website, mobile app or any Contest shall be decided exclusively by a court of competent jurisdiction located in San Juan, Puerto Rico.

Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the Website or mobile app, you agree to indemnify, protect, defend and hold harmless BYND® FiTLAND, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the “Entities”), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, “Claims”) arising from or connected with your use of the Website, mobile app, and/or your participation in any Contest. The Website or mobile app may contain links to third party websites that are not owned or controlled by BYND® FiTLAND. BYND® FiTLAND has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BYND® FiTLAND will not and cannot censor or edit the content of any third-party site. By using the Website or mobile app, you expressly relieve BYND® FiTLAND from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and BYND® FiTLAND.

No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with BYND® FiTLAND or in any way affiliated or associated with the Contests.

Third-party online publishers that refer users to the BYND® FiTLAND website shall not be responsible or liable for the BYND® FiTLAND website, mobile app or any of the content, software, or functions made available on, or accessed through, or sent from, the BYND® FiTLAND website.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and BYND® FiTLAND’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

BYND® FiTLAND reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of BYND® FiTLAND to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

BYND® FiTLAND AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE OR MOBILE APP ARE TRADEMARKS OR REGISTERED TRADEMARKS OF BYND® FiTLAND IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE OR MOBILE APP. You may submit a question, dispute, complaint, or better yet, some constructive criticism and feedback to help us grow and serve the community via email to timecappstadium@gmail.com. Any communications between you and BYND® FiTLAND may be monitored and recorded.

LAST UPDATE MAY 26, 2022