Welcome to Beem, a service provided by Beem Enterprises LLC, with offices at 312 Arizona Avenue, Santa Monica, CA 90401 (together with our affiliates and subsidiaries, “Beem, “we,” “our,” or “us”).
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 14.6, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14 YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
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 the United States or other applicable jurisdiction. That means that you are either: (a) 18 years of age or older, or the applicable age of majority in your jurisdiction; or (b) if you are under 18 years of age or the age of majority in your jurisdiction, that you are 16 years of age or older if you reside in the European Union or 13 years of age or older if you reside in the United States or anywhere else outside the European Union. If you are between the ages of 13 and 18 (or the legal age of majority in your jurisdiction), you may use the Service only if a parent or guardian has agreed to these Terms on your behalf. The Service is not intended for users under the age of 13 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, 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, disassemble, or modify the Service (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);
- 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 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.
- Interfere 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.
- 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) balance 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.
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. We will review each report, and depending on the nature of the report, we may or may not follow up with you.
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 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, interminable, perpetual, assignable right and license throughout the universe to utilize the UGC in our delivery and promotion of 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;
- You waive and agree not to assert any moral rights or similar rights you may have in UGC;
- 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, of use of UGC is at your own risk. 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 8.
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 8 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
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.
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.
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
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE SITE AND SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SITE AND SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS.
WE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, RELATING TO THE SERVICE AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. FURTHER, WE DO NOT WARRANT THAT THE SERVICE OR ANY PORTION THEREOF WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, OR LEGALITY OF ANY COWATCH EVENT OR UGC, NOR SHALL WE BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES THAT ASSIST IN FACILITATION OF A COWATCH EVENT.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, UPLOAD, OR OTHERWISE OBTAIN CONTENT, INCLUDING UGC AND BEEM CONTENT, THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE UPLOAD, DOWNLOAD, OR USE OF ANY CONTENT, INCLUDING UGC AND BEEM CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT IS THE CASE, THE PROVISIONS IN THIS SECTION 9 SHALL BE INAPPLICABLE AND THE PROCESS AND PROCEDURE IN SECTION 15.3 SHALL CONTROL.
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.
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
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE GREATER OF FIVE HUNDRED US DOLLARS ($500 USD) OR THE NET AMOUNTS (IF ANY) PAID BY YOU TO US AND US TO YOU OR OTHERWISE ACCRUED AS OWING BY US TO YOU DURING THE PREVIOUS 12 MONTHS FOR THE ASPECT OF THE SERVICE GIVING RISE TO THE CLAIM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER US NOR OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT (INCLUDING, IN JURISDICTIONS WHERE PERMITTED, NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE SITE OR SERVICE, INCLUDING THE USE OR INABILITY TO USE THE SITE OR SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR UGC;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION;
- ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR UGC OR THE USE OF THE SERVICE OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY US OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY RELATING TO YOUR USE OF THE SERVICE;
- ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
- HUMAN ERRORS, TECHNICAL MALFUNCTIONS, OR OTHER FAILURES, AS WELL AS OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICE);
- ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT;
- THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, CONTENT OF ANY KIND;
- DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST;
- TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR
- ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL YOU HAVE THE RIGHT TO ASSERT (OR AUTHORIZE, ASSIST, OR ENCOURAGE ANY THIRD PARTY TO ASSERT) ANY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS AGAINST ANY OF OUR THIRD PARTY SERVICE PROVIDERS ESPECIALLY AS IT PERTAINS TO THEIR RESPECTIVE THIRD PARTY SERVICE.
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; OR (D) ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
13. DMCA TAKEDOWN POLICY
Beem respects the intellectual property rights of others and expect 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 DMCA with respect to any infringement.
13.1. NOTICE OF COPYRIGHT 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 designated Copyright Agent, either by email or mail.
Before you submit a notice of copyright infringement, you should be aware that intentionally submitting a misleading or fraudulent notice may lead to liability for damages (including costs and attorney’s fees) under section 512(f) of the Digital Millennium Copyright Act (“DMCA”).
Pursuant to the DMCA, your notice of copyright infringement must include the following information:
o In case of being represented, an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Your name, address, telephone number and email address at which you may be contacted;
o Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are being reported, you can provide a representative list of such works;
o Identification of the content in our website and/or service that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled.
o Information reasonably sufficient to permit BEEM to locate such content (e.g. URLs leading directly to the allegedly infringing content);
o Include the following statements in your notice:
i. “I hereby state that I have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property rights owner, its agent, or the law”;
ii. “I hereby state that the information that I have provided in this notice is accurate and under penalty of perjury, I am the owner of an exclusive right that is allegedly infringed or are authorized to act on its behalf”
o Include your full legal name and your electronic signature or physical signature.
Kindly note that the information submitted in your notice may be forwarded to the user that uploaded such content as well as to others, as appropriate.
13.2. REVIEW OF THE NOTICE AND REMOVAL OF CONTENT
When a notice of copyright infringement is received by us, we review the same in order to confirm that all of the required elements are present. Sometimes, we may respond to your notice and ask for more information.
Once we have received a complete and valid notice, we will promptly take the actions we consider appropriate, which may include, removing the reported content.
13.3. COUNTER-NOTIFICATION PROCESS
If your content was removed because of a copyright notice, we will notify you so and we may provide you with a copy of the notice of copyright infringement.
If you believe that you are lawfully using the content, you have the option to submit a counter-notification to Beem’s designated Copyright Agent, either by email or mail.
Before you submit a counter-notification, you should be aware that intentionally submitting a misleading or fraudulent counter-notification may lead to liability for damages (including costs and attorney’s fees) under section 512(f) of the Digital Millennium Copyright Act (“DMCA”).
Pursuant to the DMCA, your counter-notification must contain the following information:
o In case of being represented, an electronic or physical signature of the person authorized to act on behalf of you;
o Your name, address, telephone number and email address;
o Identification of the content that has been removed or to which access has been disabled and the location (e.g. web address) at which the content appeared before it was removed or access to it was disabled.
o A statement where it is indicated that:
i. “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
ii. “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located], or if my address is outside of the United States, the judicial district in which BEEM is located, and will accept service of process from the claimant”.
iii. "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
o Your full legal name, email address, physical address, and telephone number.
o Your physical or electronic signature
Upon receipt of such counter-notification, Beem may send a copy of the same to the person who send the notice of copyright infringement. Please note that we may also send a complete copy of the counter-notification to others, as appropriate.
If the copyright claimant does not notify us that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content on Beem within 10-14 business days, Beem may restore the removed content or cease disabling such content, at the appropriate time.
13.4. SUSPENSION OR TERMINATION OF ACCOUNT
In appropriate circumstances, BEEM may suspend, terminate and/or disable any account of users who have received several copyright complaints.
13.5. DESIGNATED COPYRIGHT AGENT
Please submit any notice of copyright infringement and counter-notification by email or postal mail to
Copyright Compliance Department
64 New Cavendish Street
London, W1G 8TB
14. ACCOUNT TERMINATION AND SUSPENSION; SURVIVAL
In addition to the suspension or termination of the Accounts of repeat infringers as described in Section 12 we may suspend your access to the Site or Service and/or terminate your Account at any time if (a) you are in breach of any material provision of these Terms; (b) 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; or (c) in other reasonable circumstances determined by us in our sole discretion.
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. 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 and thereafter terminating your Account. We may withhold accrued unpaid amounts under these Terms for a reasonable period of time following termination to ensure that the correct amount is paid to you. 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. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR DISPUTE TRIED BEFORE A JURY.
15.1. Initial Dispute Resolution
15.2. Binding Arbitration
If you and we do not reach an agreed-upon solution within the informal Dispute resolution period, then, subject to the terms below, the Dispute will be finally and exclusively resolved by binding arbitration. Either you or we may elect to initiate binding arbitration, and the election to arbitrate a Dispute by one party shall be final and binding on the other.
Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by a single arbitrator of the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The AAA’s rules are publicly available for your review at https://www.adr.org/Rules.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. Nothing in this Section shall in any way limit either party’s rights to bring a limited proceeding in a court of competent jurisdiction to compel arbitration pursuant to these Terms, to stay a pending proceeding in favor of arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You understand and hereby agree that, by accepting these Terms, you are waiving the right to bring a lawsuit in court and to have your claims heard by a jury. You further acknowledge and agree that, absent this mandatory provision, you would have the right to sue in court and have a jury trial; and that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Binding arbitration shall take place in Los Angeles, California and the proceeding shall be conducted in English. To the extent permitted by the AAA’s rules, you may choose to participate in arbitration remotely by videoconference or teleconference. Notwithstanding the foregoing, you agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
15.4. Class Action Waiver
You and us further agree that any arbitration or other permitted action shall be limited to the Dispute between you and us, and shall be conducted in you and our individual capacities only and not as a class action or other representative action, and that you and us expressly waive our rights to file a class action or seek relief on a class basis. You and we agree that each of us may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.5. Exception for Intellectual Property Claim
Notwithstanding any other provision in this Section 14, either party may bring an action in state or federal court to enforce its intellectual property rights, which shall include any claim arising out of patents, copyrights (excluding moral rights to the furthest extent permissible by law), trademarks, and trade secrets, but which shall expressly exclude any claims arising from an individual’s right to privacy or right of publicity. Any proceeding pursuant to the exception in this Section 14.5 shall be subject to the choice of law and consent to jurisdiction set forth in Section 14.3.
15.6. Right to Opt-Out
You have a limited right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Beem Enterprises LLC, 312 Arizona Avenue, Santa Monica, CA 90401 and via email at firstname.lastname@example.org, with subject line LEGAL OPT OUT. To be effective, opt-out notice must be received by us within 30 days of your first use of the Site or Service, otherwise you shall be bound to arbitrate disputes in accordance with the Terms herein. If you opt-out of these arbitration provisions, we also will not be bound by them.
15.7. Changes to this Section
We will provide sixty days’ notice of any changes to this Section 14 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. Changes will become effective on the 60th day from such notice and will apply prospectively only to any claims arising after the 60th day.
16. GENERAL TERMS
16.1. Entire Agreement and Assignment
16.2. Governing Law
These Terms and your relationship with us shall be construed in accordance with the laws of the State of California without regard to any jurisdiction, state or country’s choice or conflict of law rules. The parties agree that, for any proceeding to compel arbitration or any Dispute not subject to arbitration, the state or federal courts of the State of California in Los Angeles County shall have exclusive jurisdiction to enforce all of the Terms and the parties hereby consent to the exclusive personal jurisdiction and venue before such courts. You further agree to accept service of process by first-class mail, return receipt requested, and hereby waive any and all jurisdictional and venue defenses that may otherwise be available to you.
16.3. 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. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, both you and us nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect, including in the case of a finding of invalidity of the entirety of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect.
16.4. 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.
16.5. 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 LLC, 312 Arizona Avenue, Santa Monica, CA 90401
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.
16.9. Relationship of the Parties
Solely with respect to any services you perform for us as contemplated by these Terms or 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 performing services for us 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.