Welcome to Beem, a service provided by Beem Enterprises Ltd, an English Corporation, with offices located at 64 New Cavendish Street, London, England, W1G 8TB (BEEM) (together with our affiliates and subsidiaries, “Beem, “we,” “our,” or “us”) for strictly private use.
1. ACCEPTANCE OF TERMS
You may use the Site and Service only if you can form a binding contract with us and are not a person barred from receiving the Service under the laws of your country of residence or other applicable jurisdiction. That means that you are 18 years of age or older. The Service is not intended for users under the age of 18 years old. If you are accepting these Terms and using the Site or Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Site and Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
3. TECHNICAL REQUIREMENTS TO USE THE SERVICE
Connected Device required to access the Service.
To use the Service, you must have a connected device which meets the following cumulative criteria
- MOBILE AND TABLETS ARE NOT SUPPORTED:
- Necessary settings of your desktop browsers:
4. ACCOUNT REGISTRATION
If you want to use certain features of the Service, you’ll have to sign up as a registered user with an account (an “Account”). It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update that information, as needed, to keep it accurate, complete, and up to date. If you don’t, we reserve the right to suspend or terminate your Account. You are responsible for safeguarding the password or credentials that you use to access the Site or Service and for any activities or actions associated with your Account. Your Account is for your use only, so you cannot share your Account information or login credentials with other people like family members, friends, relatives, coworkers, or anyone else. Finally, we reserve the right to force forfeiture of any username for any reason.
5. YOUR LICENSE TO USE THE SERVICE
All of the content you access through the Site or Service (including text, posts, music, audio recordings, sound, digital art assets, graphics, pictures, video, code, data, and other features or content) (“Content”) is or may be protected by applicable intellectual property law. This includes Content that we own or have licensed from third-parties (“Beem Content”) as well as content made available through the Service by you or other users like User Generated Content (defined in Section 6 below).
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service, including the Beem Content. As part of this license, you may purchase licenses to certain Beem Content to access either On Demand Content or Electronic Sell Through Content, and you may be able to: (a) invite other users to cowatch your On Demand Content or Electronic Sell Through Content; or (b) cowatch others’ On Demand Content or Electronic Sell Through Content. Unless we give you authorization to do so in writing, you shall not:
- Copy or download any Beem Content or aspect of the Service for use outside of the Service;
- Reproduce, distribute, publicly perform or display, lease, sublicense, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, resell, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Beem Content or the Service except as explicitly authorized under these Terms (e.g., cowatching Beem Content with other users as permitted by the Service);
- Use or exploitation of Beem Content and content suppliers/studio’s intellectual property rights cannot be in any manner inconsistent with any of Beem’s rights and user’s obligations with respect thereto.
- Make any commercial, i.e. for-profit, use of the Beem Content other than as permitted by the Service and by us;
- Make any derivative use of the Service, like combining it with another product, service, code, or program;
- Harvest information from the Service such as through the use of scraping techniques, crawlers, or other manual or automated means;
- Reverse engineer, decompile, translate, disassemble or otherwise attempt to extract the source code of Beem Content, or modify the Service or Beem Content (or attempt to do so);
- Frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) owned or licensed by us;
- Interfere with the proper operation of or any security or entitlement measures used by the Service or in relation to the Beem Content;
- Infringe on any intellectual property or other right of any third party;
- Use the Service or Beem Content in any manner that violates any law, rule, regulation or other legal or regulatory requirement.
- Use the Service or Beem Content in a manner that suggests an unauthorized association or that is beyond the scope of the limited license granted to you herein; or
- Remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Beem Content or third-party UGC.
All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors and nothing herein shall be construed to convey any ownership from us to you either in the Service or to the Beem Content. You may use the Service only as permitted by law. Any content (including Beem Content) other than your UGC is the property of the individual or entity who made that content available, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights and may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Service. If you promote Beem Content, refer people to Beem Content, or arrange cowatches of Beem Content, you acquire no ownership rights whatsoever in that Content. Other than the rights granted in this Section 4, all rights in Content are reserved by its relevant owner or creator.
6. COMMUNITY GUIDELINES
Beem provides the most vibrant social network for premium videos, enabling users to discover great movies and documentaries, watch them together and share their passion with the whole community. We encourage user participation, interaction and engagement. Our goal is to provide all our users with a safe, legal and respectful environment. We provide the following guidelines for our community that apply to all Content and to your access and use of the Site and Service (the “Community Guidelines”). It is important that you continue to check in on any updates frequently as this is a living document.
Our 4 guidelines to cultivate a healthy community:
- Be respectful
We expect users to be courteous and respectful of others’ opinions and to refrain from personal attacks, insults, bullying, harassment and threats, and from posting unwelcome, aggressive, suggestive or otherwise inappropriate remarks directed at another user. This includes bashing other users’ fandom affiliations e.g. idols, actors or movies. You must never post plot spoilers in the Content or short description of pages and cowatches, and if you intend on disclosing any, you should explicitly warn other users of the presence of a spoiler in the Content by clearly writing “SPOILER” in all caps at the beginning of your page, cowatch, review or comment.
- Uphold truth
The Beem community is one that's built on trust. Actions that intend to scam, mislead, spam, or defraud other users are not allowed. You must not use Beem for any malicious means or to impersonate any other user or non-user. You must not request or attempt to solicit personal or identifying information from another user. Falsely reporting users for abuse is prohibited.
- Practice inclusiveness
You must not use Beem to promote, engage in or incite hate, violence, discrimination or intolerance, including based on race, age, gender, gender identity, ethnicity, religion, disability or sexual orientation.
- Create virtuous Content
You must not post Content, write comments or send chat messages containing spam, sexual content, hate speech, harassment, child abuse or referring to imminent physical harm to any user. You must not include links that send users to websites featuring content that violates our Community Guidelines. You should only post written content that is your own or for which you have been given the explicit authorization to share.
6.1. Banned behaviors
You may not use Beem to post Content that is (in our sole evaluation) offensive, harmful, or inappropriate for general audiences, or that we believe is likely to promote any illegal, harmful, violent, activity or outcome. Below, you will find more information about the types of activities and Content that are not permitted on the Service.
- Illegal activities
You must respect all applicable local, national, and international laws while using our Service and you must not use the Site or Service for any unlawful purpose or illegal activity. Beem may not be used to promote or facilitate harmful or criminal activity of any kind, including but not limited to:
- Illegal gambling activity (whether illegal under any U.S. federal or state law, or non-U.S. law), games of chance or illegal sweepstakes or contests;
- Explicit sexual activity or pornography and promotion of sexual services;
- Extreme violence, gore, and other obscene conduct;
- Sexual violence or exploitation;
- Sale or ingestion of illegal drugs or other illegal substances;
- Activities that harass, intimidate or threaten based on race, ethnicity, religion, national origin, gender identity, sexual orientation, disability or age;
- Terrorist activity or organized criminal activity.
Any Content or activity featuring, encouraging, offering, or soliciting illegal activity is strictly prohibited and may be reported to law enforcement. Child exploitation will be immediately reported to authorities via the appropriate local channel.
- Harmful activities
You must respect the individuals, organizations and groups that are a part of the Beem community. You may not distribute any written or other Content through the Service that:
- Defames or libels any other person;
- Invades any person's privacy;
- Promotes illegal Content;
- Content or activity meant to impersonate an individual or organization is prohibited;
- Intimidates any person;
- Commits fraudulent activities;
- Is protected by copyright, trademark or trade secret law, unless you have the express prior written consent of the owner of such right.
- Interference with the Service
To maintain the security and integrity of the Service, you shall not do any of the following:
- Avoid an account suspension or chat ban by using other accounts, identities, signup information or presence on another user's Account;
- Disrupt, interrupt, harm, or otherwise violates the integrity of the Service or another user's experience or devices (such as posting large amounts of repetitive, unwanted messages or user reports, propagating misinformation, defrauding others or phishing);
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available;
- Post, transmit through, spread or release into the Service a virus, worm or other computer code, file or program that is harmful or is intended to damage or monitor the use of any hardware, software or equipment;
- Attempt to gain unauthorized access to the Service, computer systems or networks connected to the Service, through password mining or any other means.;
- Circumventing or attempting to circumvent any filtering, security measures or other features designed to protect Beem Content.
- Violent activities, hateful conduct and harassment
Beem does not permit on our Site Content that promote or encourage violence, hate or harassment whether the targets are on or off Beem. Individuals, communities or organizations that do so are not allowed to use our services.
This includes, but is not limited to:
- Promote, encourage, or glorify suicide or self-harm;
- Threats to physically harm or kill others;
- Threats violence against an individual or group of people, or otherwise glorify or endorse violence or violent acts;
- Threaten or promote terrorism or violent extremism;
- Engage in targeted harassment or encourage others to do so;
- Threaten or harass other people on the basis of their race, ethnicity, national origin, sexual orientation, gender, gender identity, religion, age, ability, or medical condition
- Threats to use of weapons to physically threaten, intimidate, harm, or kill others;
- Promotes hate towards individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, sexual orientation, medical condition, physical characteristics, veteran status or gender identity;
- Participate in, endorse, or glorify child sexual exploitation;
- Attempts to intimidate, degrade, abuse, bully, or creates a hostile environment for others.
Any account associated with such activities will be indefinitely suspended and reported to local authorities, at Beem’s sole discretion.
- Unauthorized Sharing of Private Information
Beem does not authorize users to invade the privacy of others. It is prohibited to make available, threaten to make available, or encourage others to make available another individual’s private information without their express authorization or permission, and share Content that may reveal private personal information about individuals or their private property, without permission. This includes but is not limited to sharing: (i) personally identifiable information (such as real name, location, or ID); (ii) restricted or protected social profiles or any information from those profiles; and/or (iii) content that violates another's reasonable expectation of privacy, for example streaming from a private space, without permission.
- Intellectual Property violation
On Beem, you should only create your own Content, or Content that you have previously been authorized to share on Beem. You may not upload or distribute Content on Beem that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information disclosed as part of employment relationships or under nondisclosure agreements). If you share Content on Beem that you do not own or otherwise do not have the rights to share on Beem, you may be infringing another person’s intellectual property rights.
This includes but is not limited to all images, logos, writings, videos, pictures, sound or any third-party content included in your Content, derivative creations, or performances of others’ copyrighted content.
You must not violate others’ intellectual property rights, including copyright and trademark rights and/or remove any copyright, trademark or other proprietary rights notice from the Service or any material displayed by the Service.
We encourage you to adhere to applicable intellectual property laws and to secure all appropriate rights needed before sharing your Content on Beem. Any unauthorized Content you share on Beem may be subject to a takedown by the rights holder(s) to remove the infringing Content from Beem, and is a violation of our Terms of Service and Community Guidelines.
Additionally, you may not do any of the following through the Site or Service:
- Use the Site or Service in a manner intended to artificially amplify or suppress the availability of Content, or automate tasks in an attempt to manipulate the Service or performance of any Beem Content on the Service;
- Manipulate the Site or Service in a manner that disrupts other users’ experience or the Site or Service itself;
- Impersonate another individual, group, or organization in a way that is intended to or does mislead, confuse, or deceive others; or
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion or aspect of the Service.
6.2. VIOLATIONS OF OUR COMMUNITY GUIDELINES
(“Banned behaviors” listed in item 6.1 above)
If we determine that you violate our Community Guidelines, we may at our own discretion: (i) remove and/or make you lose access to all your Beem Content and UGC (including On Demand Content and Electronic Sell Through Content); (ii) suspend or terminate your access to the Site and your Account; (iii) terminate all your purchased licenses to Electronic Sell Through Content and to On Demand Content; (iv) freeze the balance of your wallet at the date of Account suspension; and/or (v) take alternative action that Beem determines to be appropriate given the circumstances surrounding the violation.
We reserve the right to remove any Content which we consider to be offensive, objectionable, unlawful or otherwise in breach of our Community Guidelines or Terms of Service.
If Beem considers there is a direct threat to public safety or a legitimate risk of physical harm to someone or a group of people, Beem will take action on our Site but also will enforce the law, as appropriate and at Beem’s discretion.
Except if (A) we are required by (i) law, (ii) an empowered governmental authority, (iii) courts, or (iv) duly empowered third parties (in particular copyright holders or individuals whom image and/or privacy has(ve) been violated by your UGC) to remove (without delay) a litigious content, or (B) the content is obviously illicit under the applicable law (e.g. pornographic representation of a minor, content which encourages terrorist acts or glorify them), you will benefit from a prior notice of 24 hours before we suspend or terminate your access to the Site and your Account.
If you encounter Content that you think violates these Community Guidelines, please contact us right away or use the flagging feature to submit it for review by our staff.
7. USER GENERATED CONTENT
The Service permits you to create and/or make available via the Service material which you own, have created or otherwise have appropriate rights in (which we refer to as “User Generated Content” or “UGC”). UGC includes, for example, music, audio recordings, images, pictures, writings, video, and any other content or materials (including any personal information that you decide to publicly share) contributed by users to, on, or through the Service other than the Beem Content. In order to distribute UGC through the Site or Service, you must first register an Account with us. You are solely responsible for your UGC and the consequences of posting or publishing UGC through the Service.
By uploading UGC to the Service, you grant us a fully paid, non-exclusive, royalty-free, irrevocable, license, for the duration of the copyrights, throughout the universe to reproduce, edit and/or amend (if needed for technical reasons) and publicly represent the UGC on the Service.
By posting or publishing UGC on or through the Service, you affirm, represent, and warrant that:
- You are the creator of or otherwise own the rights in the UGC that you make available to or through the Service, or, for any UGC that is owned by a third party, you have the express authorization of such third party to make such UGC available through the Service;
- No element of UGC, nor the exploitation of such UGC through the Service, infringes the intellectual property rights or privacy or any other rights of anyone else or is illegal or breaches the Terms;
- No fees of any kind shall be due to any third party for our exploitation of your UGC pursuant to these Terms;
- You are solely responsible for your UGC, and acknowledge that we do not pre-screen any UGC and do not endorse or approve of any UGC that you or other users may contribute to the Service;
- You shall not in any way claim or suggest that any UGC is endorsed or supported by us; and
- Your use of the Service or Beem Content, including your UGC, complies with all applicable laws and legislation and is not harmful, offensive, defamatory, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, illegal or likely to cause any reputational loss or embarrassment to us.
Your use of the Service, including the creation, download, or use of UGC is at your own risk. To the fullest extent permitted by the applicable law, we are under no obligation to edit, monitor, or control UGC that you or other users post or publish and will not be in any way responsible or liable for UGC. You understand that when using the Service, you will be exposed to UGC from a variety of sources and acknowledge that UGC may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against us with respect to UGC. We expressly disclaim any and all liability in connection with UGC.
Nevertheless, if we believe that your UGC breaches any of the terms and conditions set forth herein, then we may remove, block, edit, move or disable the UGC, and take any other steps which we consider appropriate including termination of your Account. Further, we reserve the right to remove UGC from the Site or Service at any time for any or no reason at all.
8. ACCESS TO CONTENT. USAGE RULES.
Due to limitations imposed on us by our content suppliers, some of the Beem Content we make available to you via the Service is subject to restrictions (i.e. on viewing, on the length of time we make certain Beem Content available to you, etc). When you have access to content suppliers Content via Beem Service, content suppliers's rules and restrictions including promotional and marketing guidelines will be applicable. The specific restrictions applicable to the type of Beem Content depends on whether you purchase licenses to the Beem Content as On Demand Content or Electronic Sell Through Content (as described below), or whether you cowatch content that has been licensed as On Demand Content or Electronic Sell Through Content by another user. These restrictions may change over time as we add new features, devices, and content to the Service.
When you purchase a license to certain Beem Content, it may be made available to you in the following formats:
On Demand Content – When you purchase a license to On Demand Content, we will make it available for you to stream via the Service on a one-time (i.e. one view) or limited time (e.g. a 24 or 48 hour window) basis. Some On Demand Content may be available for download for offline viewing on the same one time or limited time basis. Your On Demand Content may be capable of cowatch, and your On Demand Content that is cowatched by any other user of the Service through permitted use of the Service’s features is On Demand Content for you, but is Cowatch content for them.
Electronic Sell Through Content – When you purchase a license to Electronic Sell Through Content, we will make it available for you to stream via the Service and to download and view via the Service an unlimited amount of times over an indefinite period – aside from any other relevant provisions in these Terms that provide otherwise, you may watch and re-watch your licensed Beem Content as often as you want and as long as you want. Your Electronic Sell Through Content may be capable of cowatch, and your Electronic Sell Through Content that is cowatched by any other user of the Service through permitted use of the Service’s features is Electronic Sell Through Content for you, but is Cowatch Content for them.
Cowatch Content – Cowatching Content is another use of the Service’s On Demand Content or Electronic Sell Through Content that is made available for you to cowatch via permitted use of the Service. You may view it for the duration of a cowatch session initiated by another user or by us only, and it is subject to the restrictions placed on it as another user’s or our On Demand Content or Electronic Sell Through Content as described above. For clarity, users viewing Cowatch Content may not control the video (e.g. pause, rewind, fast forward, etc.).
9. TERMS OF SALE
To make a purchase on the Service, you must have an Account and be in compliance with the Terms. We sell licenses to On Demand Content and Electronic Sell Through Content only to users with an Account who can legally make purchases as described in this Section 9.
When you purchase a license to On Demand Content or Electronic Sell Through Content, you have immediate access to the On Demand Content or Electronic Sell Through Content you have purchased a license for. This means that once a license is purchased, we generally do not offer any refunds or credits for On Demand Content or Electronic Sell Through Content. That being said, in the event you purchase a license to On Demand Content, Electronic Sell Through Content, or Cowatch Content that, as determined solely by our systems, has never been accessed, we may (on a case by case basis or as otherwise required by applicable law) issue a refund or credit to your Account for that On Demand Content, Electronic Sell Through Content, or Cowatching Content and remove the license or entitlement to that content from your Account. Additionally, nothing in this Section 9 shall be interpreted to restrict any legal right to refund, return, or credit to an Account that may be available under applicable law.
Payment Method and Terms
Only the following payment methods are accepted for the Service: Visa, VISA Debit, MasterCard, Maestro, American Express, Google Pay and Apple Pay.
You acknowledge that the communication of information relating to your credit card and the fact of clicking on the payment confirmation button at the time of purchase of the Service constitutes your authorization to debit your bank account up to the total amount of your order, costs and VAT included. An invoice is sent to the email address provided by you as part of the payment by credit card on the Service.
You acknowledge and accept that for the purpose of facilitating your order and subject to you having created an Account, the bank details initially transmitted during the first order may, with your acceptance, be registered in your Account to place subsequent orders on the Service.
Viewing of the Content purchased is possible only upon validation of the payment made by your credit card.
Please note that our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations.
Delivery and right of withdrawal
With respect to On Demand Content and Electronic Sell Through Content, you understand and agree that once we make the On Demand Content or Electronic Sell Through Content you purchased a license to available to you via the Service, we will have fully satisfied our obligation to deliver or otherwise provide that On Demand Content or Electronic Sell Through Content to you, regardless of any failure or inability to use the On Demand Content or Electronic Sell Through Content by you.
The Service complies with the requirements for distance contracts. Due to the nature of the Service (i.e. the supply of digital content not supplied on a medium material), you cannot exercise your right of withdrawal.
Storage of the agreement
You are responsible for any applicable national, state, or local sales or use taxes, value added taxes, or similar taxes or fees payable in connection with your purchase of a license to On Demand Content and Electronic Sell Through Content. If you do not pay those taxes on a transaction, you will be responsible for those taxes in the event they are later determined to be payable on the sale, and we reserve the right to collect these taxes or fees from you at any time.
10. WARRANTY DISCLAIMER AND ASSUMPTION OF RISK
THE LEGAL WARRANTY PERTAINING TO THE HIDDEN DEFECTS OF GOODS) DOES NOT APPLY TO YOU IN CONNECTION WITH THE DELIVERY, BY US, OF DIGITAL CONTENT SOLD WITHOUT ANY TANGIBLE MEDIUM (THE DIGITAL CONTENT IS NOT A TANGIBLE ASSET).
WE MAY BE RELIEVED OF ALL OR PART OF OUR RESPONSIBILITY IF WE EVIDENCE THAT THE BREACH OR THE IMPROPER PERFORMANCE OF THIS AGREEMENT IS RELATED EITHER TO YOU, OR TO THE FACT, UNPREDICTABLE AND INSURMOUNTABLE, OF A THIRD PARTY TO THE CONTRACT, OR TO A CASE OF FORCE MAJEURE.
We use Microsoft PlayReady content access technology to protect our intellectual property, including our copyrighted content. The Service uses PlayReady technology to protect certain content. If PlayReady technology fails to protect the content, content owners may require the service to restrict or prevent the delivery of protected content to specified devices or PC software applications. In certain cases, you may be required to upgrade the PlayReady technology to continue to access the Service. If you decline such an upgrade, you will not be able to access content that requires the upgrade.
Please note that by using the Service, you are also agreeing that your internet resources may potentially be used by a P2P services provider ("P2P Provider"). Please be aware that though our P2P Provider strives to limit such effect, the use by P2P Provider of your resources may put a burden on your internet connection and downloading speed and might increase your use under a limited internet connection package. The P2P Provider uses your local resources to store content temporarily, upload content to other users, and download content from different users, while temporarily exposing other users to your IP address Please note also that you are prohibited from using the Service in connection with content which infringes a third party's rights in any way, and that you will have no claims towards us or our P2P Provider in connection with such infringing content, including in connection with the distribution of such content via the P2P Provider's services.
You agree that you are responsible for your use of the Service, Beem Content and your creation of any UGC, and, to the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us and our (including our affiliates’, subsidiaries’, and third party service providers’) officers, directors, employees, consultants, and agents (collectively, the "Beem Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your access to, use of, or alleged use of the Site or Service; (b) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (c) your defamation of any third party or violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (d) your UGC; (e) any misrepresentation by you; or (f) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent.
12. LIMITATION OF LIABILITY
CALLING UPON OUR LIABILITY SHALL BE SUBJECT TO THE APPLICABLE LAW WHICH MAY REQUIRE THAT YOU PROVE YOUR ALLEGED PREJUDICE. IN NO EVENT SHALL OUR LIABILITY EXCEED WHAT IS PROVIDED BY THE APPLICABLE LAW AND REGULATION AS INTERPRETED BY THE COURTS HAVING JURISDICTION.
WE MAY BE RELIEVED OF ALL OR PART OF OUR RESPONSIBILITY IF WE EVIDENCE THAT THE BREACH OR THE IMPROPER PERFORMANCE OF THIS AGREEMENT IS RELATED EITHER TO YOU, OR TO THE FACT, UNPREDICTABLE AND INSURMOUNTABLE, OF A THIRD PARTY TO THE CONTRACT, OR TO A CASE OF FORCE MAJEURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES THE LIABILITY OF US, AND OUR SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND/OR SHAREHOLDERS FROM CLAIMS RELATING TO (A) ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE; (B) ANY FORM OF FRAUD OR DECEIT; (C) DAMAGES CAUSED WILLFULLY; (D) ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW, IN PARTICULAR YOUR RIGHTS AS A CONSUMER.
13. Notification of copyright infringement
Beem respects the intellectual property rights of others and expects users of the Beem website and services to do the same. For this reason, Beem’s policy does not allow the posting, sharing or sending any content that infringes intellectual property rights of others.
Beem provides recourse for intellectual property owners who believe that content appearing on the Internet infringes their copyrights or other intellectual property rights. Beem will promptly process and investigate notices of alleged infringement that are reported to our designated copyright agent and we will take appropriate actions under the applicable law with respect to any infringement.
If you believe that any material content hosted on our website and services constitutes copyright infringement of your work, you or your authorized representative can send a notice of copyright infringement to Beem’s, either by email or mail, using the contact details below.
14. ACCOUNT TERMINATION AND SUSPENSION; SURVIVAL
In addition to the suspension or termination of the Accounts as described in Section 6.2 above, we may suspend your access to the Site or Service and/or terminate your Account at any time (a) with a 24-hour prior notice, if you are in breach of Articles 2, 5, 7 and 9 of these Terms which are material provisions of these Terms; or (b) with a 48-hour notice, if we elect, at our discretion, to stop providing access to the Site or Service in the jurisdiction where your reside or from where you are attempting to access the Site or Service.
You may terminate your obligations under these Terms at any time by sending us a notice in writing, removing all your UGC from your Account, deleting your Account, and ceasing all use of the Site and Service. We will ensure that your Account is closed within 7 (seven) days from your notification. Once your account is closed or these Terms are otherwise terminated by you or by us, you will lose access to all of your Beem Content and UGC, including without limitation On Demand Content and Electronic Sell Through Content (i.e. all licenses thereto shall automatically terminate). We may terminate these Terms with you at any time by providing you notice of 48 hours in advance and thereafter terminating your Account. Upon any termination of these terms, except for the provisions below that survive termination, all rights and obligations of the parties will be extinguished.
The following provisions of these Terms survive any termination of these Terms: Sections 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15.
15. GENERAL TERMS
15.1. Entire Agreement and Assignment
15.2. Governing Law and jurisdiction
These Terms and your relationship with us shall be construed in accordance with the laws of England and Wales.
The courts of England have exclusive jurisdiction to settle any dispute pertaining to the interpretation or the enforcement of these Terms.
15.3. Waiver and Severability, Headings
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect.
15.4. Force Majeure
In the event either you or us is prevented from fulfilling material obligations under these Terms or you or our obligations are materially interfered with by reason of earthquake, flood, fire, storm or other natural disaster, epidemic, accident, explosion, casualty, act of God, lockout, strike, riot, insurrection, civil disturbance or disruption of the public markets, war or armed conflict (whether or not officially declared), sabotage, act of a public enemy, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree, pandemic, public health emergency, or other cause beyond the reasonable control of the non performing party, the obligation which cannot be performed shall be reasonably delayed until it can be performed. The party claiming excusable delay must not have contributed to the delay and must promptly notify the other party of such delay in writing.
15.5. No Third Party Beneficiaries
Nothing in these Terms is intended or shall be construed to give any person, other than you and us, any legal or equitable right, remedy, or claim under or in respect to these Terms.
Notices to us shall be sent to:
Att. Beem Customer Department
Beem Enterprises Ltd, an English Corporation, with offices located at 64 New Cavendish Street, London, England, W1G 8TB (BEEM)
Notices to you shall be made in writing and addressed to you at your address or email address listed in your Account.
All notices and other communications given or made pursuant to these Terms shall be in writing and shall be deemed effectively given: (a) upon receipt, when delivered in person, via messenger, or a nationally recognized courier to the party to be notified; (b) when sent by electronic mail once receipt has been confirmed by the recipient; or (c) if a notice delivery is attempted in any of the above manner, but receipt is rejected by the recipient, upon such documented attempt. Any notice whose delivery is attempted in any manner other than as described in this Section 15.5 shall be treated as if it was not delivered.
Our customers and suppliers are not, by virtue of your participation in the Service, your customers or suppliers. You will not handle or address any contacts with any of our customers or suppliers, and, if contacted by any of our customers or suppliers for a matter relating to interaction with Service, you will state that those customers or suppliers must follow contact directions on the Service to address customer service issues.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time (for example to reflect updates to the Service or to reflect changes in the law). If we change these Terms, we will make reasonable efforts to provide you notice of those changes via email to the email address associated with your Account, through the Service itself, or through any other appropriate measures determined by us in our sole discretion. Please check the Terms periodically for changes. Modifications may include, for example, changes to payment procedures, requirements for you, or changes in features in the Service.
Substantial modifications affecting the provision of the Service or your use of the Service (technical requirements to use the Service, changes to payment procedures, changes to access to content or change to usage rules) will be notified to you thanks to the email associated with your Account.
15.9. Relationship of the Parties
Solely with respect to any Services you use, including the creation of any UGC under these Terms, the relationship of you and us is that of independent contractors. You will not be considered an employee or agent of us, and you are fully responsible for your actions while using the Services under these Terms. Nothing in these Terms shall be construed as to constitute a relationship of principal and agent, employer and employee, partners, or joint ventures, or any similar relationship.