Effective Date: January 9th. 2025
PLEASE CAREFULLY READ THESE TERMS OF SERVICE (the “Terms”). BY USING ANY OF THE BIRTHRIGHT GLOBAL WEBSITES (a “Digital Property;” collectively, the “Digital Properties”) YOU AGREE TO THESE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE/DOWNLOAD/INSTALL ANY OF THE DIGITAL PROPERTIES. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 19. The agreement to arbitrate in Section 19, with limited exceptions, requires you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the agreement to arbitrate as provided in Section 19. If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms are a legal agreement between Birthright Global (CC) together with its affiliates, subsidiaries, and related entities, and all of their respective employees, directors, officers, and agents (collectively, “Birthright Global,” “our,” “us,” and “we”), and you (also referred to as “your”). The Terms govern your use of the Digital Properties as well as all Digital Property Updates (defined in Section 3 below), related documentation, and information and Content (defined in Section 6 below) provided through the Digital Properties.
By using a Digital Property you also authorize Birthright Global to collect, use, transmit, process, store, and share information about you as well as, but not limited to, information about your use of a Digital Property and the device you use to access a Digital Property, as further described in the Birthright Global Privacy Policy (located here).
1. Digital Property Functionality. Each Digital Property incorporates a variety of functionality that may enable you to: i) review programs administered by us, including Birthright Global trip(s) (the “Birthright Global Program(s)”); ii) send inquiries to us concerning a Birthright Global Program; iii) register for a Birthright Global Program, including those administered by various third-party trip organizers (the “Trip Organizers”); iv) pay a deposit (the “Deposit”) through a third-party payment processor (the “Payment Processor”) in connection with your registration for a Birthright Global Program; v) scan your passport and access information about your participation in a Birthright Global Program, including an itinerary and packing list; vi) connect with other Digital Property users, including through chat and messaging features; vii) make a donation through a Payment Processor in connection with returned Deposits; viii) register to participate in programming and travel opportunities, including those offered by various third-party entities (the “Third-Party Events”); ix) register for and participate in a virtual informational or educational session (the “Virtual Session(s)”); and x) take additional actions connected to future Digital Property functionalities made available through updates (please see Section 3 for more information about updates).
2. Eligibility. By using the Digital Properties you certify that you are 13 years of age or older.
3. Updates, Modified Terms, & Additional Terms.
3.1. Updates. Birthright Global may from time-to-time provide updates, supplements, additional functionality, or add-on components to the Digital Properties (the “Update(s)”); these Terms will apply to each Update.
3.2. Modified Terms. Birthright Global reserves the right to modify these Terms at any time, in which case it will post the modified Terms on this webpage with a new effective date and. Modified Terms are binding on you as of the effective date noted on this webpage or the date you have been notified in accordance with Section 16, whichever occurs first. Your continued use of any of the Digital Properties after the modified Terms have become binding on you indicates your acceptance of the modified Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you must stop using the Digital Properties. Any modified Terms will not apply retroactively.
3.3. Additional Terms. Birthright Global may also incorporate additional terms in connection with specific Digital Property functionality (the “Additional Terms”), such as in connection with your registration for/participation in a Birthright Global Program, a Third-Party Event, or a Virtual Session. When presented with Additional Terms you will be required to explicitly agree to such Additional Terms in order to register for/participate in the relevant program, event, or activity that such Additional Terms are attached to.
4. License to Use of the Digital Properties. Conditioned on your compliance with these Terms, Birthright Global grants you a limited, personal, non-exclusive, revocable, and nontransferable license to use the Digital Properties (and if applicable, download and install the Digital Properties) for your personal, non-commercial purposes on a device owned or otherwise controlled by you. Birthright Global reserves the right to terminate your Account and these Terms, and to suspend or discontinue the Digital Properties or your access thereto, at any time, with or without prior notice, and for any reason, including but not limited to your failure to adhere to these Terms or your failure to agree to any Additional Terms. All Sections of these Terms which, by their nature, are intended to survive the termination of these Terms, your cessation of accessing the Digital Properties, or the suspension/discontinuation of the Digital Properties, shall so survive, including this Section and Sections 6-20.
5. License Restrictions. The license granted in Section 4 is conditioned on your compliance with the following:
· You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations on the Digital Properties or to use the Digital Properties in an attempt to, or in conjunction with any device, program, or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, the Content (defined in Section 6 below);
· You must not reverse engineer, decompile, decipher, disassemble, or otherwise attempt to access source code of the Digital Properties, except and only to the extent that applicable law expressly permits so despite this limitation;
· You must not download or copy the Digital Properties;
· You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the Digital Properties or any features or functionality of the Digital Properties to any third-party for any reason;
· You must not modify or make any derivative works of the Digital Properties, in whole or in part;
· You must not remove any proprietary notices or labels on the Digital Properties or any copy thereof;
· You must not use the Digital Properties in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; or military or aerospace applications, weapons systems, or environments;
· You must not interfere with the proper functioning of the Digital Properties or use it as a platform for external applications to develop applications, services, websites, or any other functionalities that leverage the Digital Properties or any portion thereof;
· You must not make any use of the Digital Properties in any manner not permitted by these Terms; and
· You must use the Digital Properties in compliance with all applicable laws.
6.1 Content Generally. The Digital Properties and all content, information, graphics, text, images, video and audio recordings, and other materials accessible through the Digital Properties, including any content uploaded or posted by users or third parties (collectively, the “Content”), is for general information, discussion, and entertainment purposes only and may only be used by you in connection with your use of the Digital Properties as permitted by Section 4.
6.2 Ownership of Content. Most Content is either owned and controlled by Birthright Global or licensed for Birthright Global’s use within the Digital Properties by a third-party, such as an Approved Content Provider (as defined in Section 8). To the extent you are asked to, or independently choose to, upload any Content onto any of the Digital Properties where such functionality is enabled (“Your Content”), you acknowledge that you are the owner of Your Content. You do not acquire any ownership interest or other rights to the Digital Properties or to any Content other than any rights you possess in Your Content and any right you may have to use the Digital Properties in accordance with the license in Section 4. Birthright Global reserves and retains its entire right, title, and interest in and to the Digital Properties and the Content, including all copyrights, trademarks, and other intellectual property and proprietary rights therein or relating thereto. Content is the sole responsibility of the party that owns and controls said Content and its accuracy and completeness are not endorsed or guaranteed by Birthright Global (except as concerns Content owned and controlled by Birthright Global). To the extent that any Content includes opinions expressed by third-party authors, such opinions are those of the authors and do not express the opinions of Birthright Global.
6.2.1 License to Your Content. By uploading Your Content onto a Digital Property, you automatically grant to Birthright Global a worldwide, royalty-free, fully paid-up, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license, under all of your intellectual property rights regardless of jurisdiction, to copy, download, store, modify, adapt, create derivative works of, publicly perform and display, import, broadcast, transmit, distribute, sub-license, publish, translate, share, and otherwise use Your Content, in any and all ways and in any and all manners, in connection with the operation of the Digital Properties and for its business purposes. You hereby waive any and all privacy and publicity rights you have in Your Content in connection with Birthright Global’s use of Your Content as contemplated by these Terms. You represent and warrant that you possess rights in Your Content that enable you to grant the rights in this Section and that Your Content does not: i) infringe the intellectual property, privacy, publicity, or other rights of any third-party; ii) violate any agreement with or policy of Birthright Global or any third-party; or iii) violate any applicable law.
6.2.1.1 Personal Information Within Your Content. Birthright Global’s right to collect, use, process, transmit, store, and share any personal information contained within Your Content shall be governed by the Birthright Global Privacy Policy.
7. External Websites; Payment Processing. When using the Digital Properties you may encounter links and references to external third-party websites or you may be automatically redirected to an external third-party website (e.g., when paying your Deposit through a Payment Processor or when registering for a Third-Party Event) (the “External Site(s)”). Birthright Global is not responsible for the content available on any External Sites nor does Birthright Global endorse or sponsor any External Sites, or the information, products, or services contained on any External Sites. Any views or opinions expressed on External Sites are the views and opinions of the authors and publishers of the material on such External Sites and do not represent the views or opinions of Birthright Global. External Sites are governed by their own terms of use and privacy policies that you shall be subject to and that you should review. Any information you provide via an External Site is at your own risk.
8. Digital Property Availability and Support. Birthright Global has no obligation to and may not provide support in relation to the Digital Properties. Birthright Global does not guarantee availability of the Digital Properties, and your access is permitted only if and when they are available. Your use of the Digital Properties may occasionally be restricted for service, upgrades, maintenance, or for other reasons. To the maximum extent authorized under applicable law, Birthright Global reserves the right, at any time and without notice, to suspend your Account or your use of the Digital Properties and discontinue your access to Your Content as well as Content provided or made available to you through the Digital Properties.
9. disclaimer of warranties. THE DIGITAL PROPERTIES ARE OFFERED “AS-IS.” BIRTHRIGHT GLOBAL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DIGITAL PROPERTIES, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, BIRTHRIGHT GLOBAL HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE DIGITAL PROPERTIES: (A) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; (B) WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; (C) WILL MEET YOUR REQUIREMENTS; OR (D) WILL BE ERROR-FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.
10. Disclaimer of Certain Damages. IN NO EVENT WILL BIRTHRIGHT GLOBAL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA, PRIVACY, REVENUE, PROFITS, PROPERTY, OR PERSONAL INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR YOUR USE OF OR INABILITY TO USE THE DIGITAL PROPERTIES.
11. Limitation of Liability and Exclusive Remedies. To the maximum extent permitted UNDER APPLICABLE law and to the extent they are not excluded or disclaimed HEREIN, Birthright Global’s maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses, arising OUT OF ANY claims OR causes of action based on, resulting from, or in any way related to these Terms, your account, OR YOUR USE OF OR INABILITY TO USE The DIGITAL PROPERTIES, will not exceed ONE DOLLAR ($1).
12. IMPORTANT CONSUMER NOTICE. Some jurisdictions do not allow certain damage limitations such as the limitation of loss or liability from intentional acts (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury, or certain warranty disclaimers. Nothing CONTAINED HEREIN will be interpreted as excluding liability or disclaiming warranties which cannot, under APPLICABLE law, be excluded or disclaimed. IF YOU LIVE or are otherwise subject to the laws IN ONE OF THOSE JURISDICTIONS any statutory entitlement available to you will be deemed limited or disclaimed to the extent (if at all) permissible under that LAW AND, IF ANY LIMITATION or disclaimer IS NOT PERMITTED, THE EXCLUSIONS and disclaimers CONTAINED HEREIN MAY NOT aPPLY TO YOU.
13. Independent Remedies. The disclaimer and limitation of warranties and the exclusion of damages noted herein are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fail of their essential purpose or otherwise are deemed unenforceable. Each of the limitations noted herein apply without regard to whether loss, liability, or damage arise from: i) breach of contract; ii) breach of warranty; iii) fault or tort, including negligence and misrepresentation; iv) strict liability; or v) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
14. Release. You hereby agree to release, exculpate, hold harmless, and covenant not to sue Birthright Global in connection with any losses, claims, causes of action, damages, and liabilities of whatsoever kind and nature, including judgments, interest, fines, penalties, attorneys’ fees, and for all other costs, fees, expenses, and charges suffered by you, that may have arisen out of or which may be related to your use of the Digital Properties, whether in connection with a Third-Party Event, participation in BEYOND, or any other aspect of the Digital Properties, including but not limited to: i) any loss or damage to your property; ii) any injury to your person, including bodily injury, emotional harm, or death; and iii) any acts or omissions, including negligent acts or omissions, of Birthright Global, a Digital Property user, or any third party, and whether or not such act or omission occurred in connection with the Digital Property. This clause is intended to be as broad as possible under applicable laws and to cover all claims that may arise, whether foreseeable or unforeseeable.
15. Indemnity. You agree to defend, indemnify, exculpate, and hold harmless Birthright Global from and against any third-party claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from: i) Birthright Global’s use of Your Content in accordance with the Terms; ii) your use of the Digital Properties and any activities occurring under your Account, which is attributable to you whether or not you personally engaged in such activities; iii) your attendance of or involvement in a Third-Party Event; iv) your accessing of an External Site, including your use of a Payment Processor; v) your violation of these Terms; vi) your violation of any other third-party rights; and vii) your violation of any applicable law. Birthright Global reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Birthright Global in asserting any available defenses and shall reimburse Birthright Global for its reasonable attorneys’ fees.
16. Notices. Birthright Global may give you all required notices (including legal process) by any lawful method, including sending notice via email to the email address you used to register your Account or by sending a direct message through the third-party social networking platform you used to register your Account. You agree to send Birthright Global notices by emailing them to the following address: [email protected].
17. DMCA Copyright Notice and Takedown Procedures. Birthright Global respects the intellectual property rights of others. If you believe that any Content or other material available on the Digital Properties infringes your copyright or the copyright of any third-party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached by emailing: [email protected].
To be effective, notice must include the following in compliance with Section 512(c) of the DMCA:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work(s) claimed to have been infringed;
· Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed, or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
· Information sufficient to permit us to contact you, such as an address, telephone number, and email address;
· 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 owner, its agent, or the law; and
· A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material within the Digital Properties is infringing, you should contact an attorney prior to sending notice. After receiving notice, Birthright Global may remove or disable access to the infringing material.
18. Governing Law. These Terms are governed by the laws of the City and State of New York, and the federal laws of the United States of America, without regard to any conflict of law provisions thereof.
19. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION. You and Birthright Global each agree that all claims, controversies, and disputes between You and Birthright Global, including those arising out of or related to the Digital Properties, your Account, or these Terms (each a “Dispute;” collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, that you and Birthright Global are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND BIRTHRIGHT GLOBAL ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless you and Birthright Global otherwise agree, Judicial Arbitration & Mediation Services (“JAMS”) will arbitrate all disputes and JAMS rules will apply. You and Birthright Global each agree to only pursue Disputes on an individual basis and you each agree not to pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND BIRTHRIGHT GLOBAL ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and Birthright Global each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a federal court, and not in arbitration. You and Birthright Global each agree that the location of the arbitration or court where the Dispute will be resolved will be New York, New York. You and Birthright Global each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You and Birthright Global each are responsible for respective costs relating to the arbitration, except that Birthright Global will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live or that has jurisdiction over you in any Dispute where you assert a claim against Birthright Global, unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the contact listed for Birthright Global in Section 16. You may opt-out of the agreement to arbitrate in this Section by mailing Birthright Global written notice of your election to opt-out at Birthright Global, P.O. Box 21615, New York, NY 10087-1615, within thirty (30) days of your registration of an Account, expressly indicating that you are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by Birthright Global. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms. You and Birthright Global each also agree that these Terms affect interstate commerce, so the US Federal Arbitration Act, not individual state law, applies, including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law in Section 18).
20. General. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and Birthright Global intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Birthright Global agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” Birthright Global may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Digital Properties, or under these Terms. If, at any time, Birthright Global fails to respond to a breach of these Terms by you or others, that failure will not waive Birthright Global’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on Birthright Global if it is in writing and signed by Birthright Global. These Terms constitute the entire agreement between you and Birthright Global with respect to your Account and the Digital Properties. Both you and Birthright Global warrant to each other that neither Birthright Global nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Birthright Global, or Birthright Global’s successors and permitted assigns, will have any right to enforce any of these Terms.