TERMS AND CONDITIONS FOR USE OF Beem™

Purpose and Scope:

Beem is a multimedia search engine that enables the exploration and search of and access to a broad range of media such as video, music, sound and other media and materials available over the internet. Beem has created the Beem System to facilitate your ability to create, store, retrieve and synchronize media and to engage in collaborative, real-time discussions, or take other action with respect to the media. The Site and Beem System is your one-stop shop for enabling media exploration, search and sharing discussions, synchronized media or other content, uploaded material and postings ("Uploaded Media"). Users may store Uploaded Media and use the Beem System’s media repository to research, review, compare, comment on, create transcripts and synchronize them to the Uploaded Media.

Limited License:

Beem grants you a license to use the Licensed Content (as defined below) for the limited and sole purpose and scope set forth above. Beem’s grant of a license to you pursuant to this Agreement is limited, nonexclusive, and nontransferable and may be revoked at any time with or without prior notice to you in Beem’s sole discretion without liability to Beem. Your use of the Site, Beem System, Software, Licensed Content and/or Uploaded Media must be in compliance with all laws. You may not use the Beem System or any Licensed Content in any obscene or pornographic context or in any manner or context that might disparage, defame, or injure the reputation of Beem, its employees, officers or directors, the Beem and/or Beem brands, trademarks, service marks, products or business, or that could subject Beem to administrative, civil or criminal liability. You are responsible for your actions with respect to your use of the Site and Beem System and those of anyone with whom you share your Registration Information or password, whether or not authorized by you. Any use by any such parties shall constitute use by you. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Beem.

Registration/Security:

Portions of the Beem System are public and your use of the public portions is unrestricted. To access certain features and enhanced capabilities afforded by the Site, you must register and create an account for which you will be assigned a password or other identifier and pay a fee. Beem retains your credit card information solely as long as reasonably necessary to complete and confirm the transaction; provided however that your credit card information may be stored by Beem to renew or provide other services to certain Accounts. You agree to provide accurate, current, and complete information to register with the Beem System and at other points as may be required by Beem in the course of using the Beem System ("Registration Data"). You may edit your Registration Data at any time. You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Beem may terminate your access to your account and any or all of the Beem System, if you provide false, inaccurate or incomplete Registration Data. To use portions of the Beem System, you will have to receive or establish an account ("Account"). You agree to maintain the confidentiality and security of your Account. You agree not reveal your Account name and password to any third party. You are entirely responsible for all activities that occur on or through your Account. You agree to notify Beem immediately of any actual or suspected unauthorized or improper use of your Account and/or the Beem System and/or if you become aware that their security has been comprised in any way.

Fees:

Fees for your use of the fee-based portions of the Beem System are due upon registration. Beem is not charging for your use of the public portions of the Site at this time. However, should it choose to do so in the future, it will post a notice on the Site thirty (30) days prior to implementing the fee. Your use of the public portions of the Beem System after the expiration of the 30-day period constitutes your acceptance of and agreement to pay all fees for your use of the Beem System. Beem may suspend or terminate your access to the Beem System if you fail to pay any fees as and when due. Fees are not refundable.

User Conduct:

Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Beem System, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting ownership of Uploaded Media or Third Party Media or your affiliation with Beem, any provider of Third Party Media or another is prohibited. You may not upload to, distribute or otherwise publish through the Beem System any material that is defamatory, vulgar, obscene, threatening, libelous, invasive of another’s copyright, privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability. Although Beem will not be and has no obligation to monitor the Uploaded Media, comments, blogs, synchronizations or discussions, it has the right not to post or publish Licensed Content and/or Uploaded Media, and to delete, remove or edit any Licensed Content and/or Uploaded Media at any time in its sole discretion without notice or liability. You agree that Beem shall not be liable to you or to any third party for any such action. You agree not to forge headers or otherwise manipulate identifiers to disguise the origin of anything transmitted through or identity of any user of the Beem System, disclose proprietary or confidential information without permission or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (collectively, “Rights”). You may not upload commercial material to the Beem System or use the Beem System for solicitation, advertisement or promotional purposes. Any attempt to interfere with or disrupt the Beem System, its servers, networks, software, equipment or databases connected to the Beem System, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any software or technology, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Beem System, users or other visitors is strictly prohibited. You are responsible for Uploaded Media, your actions, comments, discussions, communications and your activities on the Beem System. Under no circumstances is or will Beem be liable in any way for any of the foregoing, your or another’s use of the Beem System, including but not limited to any errors or omissions or for loss or damage of any kind incurred as a result of your use of the Beem System.

Links/No Endorsements:

This Site may contain links to other internet websites or resources, including advertisements, promotions or sponsorships on the Site. When you link to those sites, you leave this Site. Beem has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Beem’s privacy terms do not apply to the operators of any linked sites. Therefore, please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices and privacy policies. Beem expressly disclaims all responsibility or liability for the use of any information about you gained by the operators of third party sites as a result of your use of the site, availability or accuracy of any third party sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that Beem endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that Beem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any research, information, goods, services or materials available on or through any such link, site or resource. You may not use the Licensed Content or Beem System in any way that states or implies, directly or indirectly, Beem sponsorship, endorsement or approval of you, your business, your products or services. This section survives termination of this Agreement.

Modification/Termination:

Sites of this nature, the services provided and their use by users, by necessity, evolve. From time to time Beem may change the Site, Beem System, Licensed Content or the services offered the Site and/or Beem System. Beem, in its sole discretion, may suspend or terminate your access or use for any reason, but especially if Beem believes that you are under the age of fourteen (14) years prior to Beem’s receipt of verifiable parental consent or that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Beem may also in its sole discretion and at any time discontinue providing the Site, Beem System, or any part thereof, with or without notice and, in such event, upon your request, it will refund to you any fees paid for the unused portion of the use term. You agree that any suspension or termination may be effected without prior notice, and acknowledge and agree that Beem may immediately bar further access to the Beem System. Beem shall not be liable to you or any third party for any suspension or termination of your access to or use of the Beem System. Beem may, at any time and from time to time, update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Site, Beem System or the Licensed Content. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively, "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Site, Beem System or the Licensed Content following the imposition of any Additional Terms will constitute your acceptance of any and all such Additional Terms. The disclaimer contained in this section survives termination of the Agreement.

Indemnification:

You agree to indemnify, defend, release and hold Beem, its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, harmless from all claims, losses, liabilities, demands, damages, fees and costs of any nature, loss of business profits, taxes, penalties or sanctions, interest, including but not limited to reasonable fees of attorneys’ and other professionals (collectively “Losses”), due to or arising out of your use of, or anything you upload to, submit or transmit through the Beem System, your connection (or inability to connect) to the Beem System, your access to and/or use of Third Party Media, your actual or threatened violation of these Terms of Use or your actual or threatened violation of any Rights. In the event you provide information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify Beem for and hold it harmless from and against any and all Losses it may incur, including of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Beem by any third party based upon the information you provide or your use of the Site or Beem System. The indemnification provided in this section survives termination of the Agreement.

How to Reach Us:

If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us through our web form or via email.