Terms of Use

Last updated: April 7, 2015

These Terms of Use (“Terms”) governs your use of the application that you are about to download. Please read these Terms carefully. If you do not agree with these Terms, do not download, access or use the mobile application, website and other products or services (collectively, the “Services”) provided by Beam, Inc. and any of our affiliates ("Beam", "we" or "us"). By downloading or using the Services, you are agreeing to these Terms.

We may change these Terms at any time in our sole discretion. If any changes are made to these Terms, we will provide notice to you by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the modified Terms. We encourage you to review the Terms on a frequent basis to ensure your understanding of the terms and conditions that apply to your use of the Services. If you do not agree to the revised Terms, you must stop using the Services and delete your Beam account.

Who May Use Our Services

BEAM IS NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13. If you are 13 or older but less than 18, then you agree to review these terms and conditions with your parent or guardian prior to any use of the Services.

By using the Services, you are affirming that you are either more than 18 years of age, or an emancipated minor, or, if you are between the ages 13 and 17, possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you confirm that you have not been previously suspended or removed from the Services and do not have more than one Beam account.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Safety

The Beam application is designed to permit others to identify your location on a digital map. You should only share your location with people you know and trust. Do not endanger yourself or others by viewing a portable mobile device while driving, operating a mechanical device that may endanger yourself or others, or in other situations in which your attention is required.

Usage Information

The Services consist primarily of location sharing; however, future versions may include sharing of other data, including interactive features and areas that allow users to create, post, transmit, or store content in various media (collectively, "User Content"). You understand that your User Content may be viewable by others.

You are solely responsible for your User Content. Beam is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to Beam, you hereby grant us a nonexclusive, worldwide, royalty-free, sub licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services.

Feedback

You agree that any feedback, suggestions, ideas or other information or materials regarding Beam or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Beam. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We appreciate your feedback, but provide it at your own risk and without any expectation of payment or reservation of right.

Beam Content

All materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Beam Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Beam Content may violate such laws and these Terms unless otherwise stated. Beam does not grant any express or implied rights to use Beam Content except as expressly provided in these Terms. Except as expressly stated in these Terms, you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Beam Content, the Services or any related software.

You are hereby granted a limited, nonexclusive, non-sub licensable license to access and use the Services and Beam Content. This license is revocable at any time with or without notice. This license is subject to these Terms and does not include:
  • The distribution, public performance or public display of Beam Content;
  • Modifying or otherwise making any derivative uses of the Services or Beam Content, or any portion thereof;
  • Use of any scraping, data mining, robots or similar data gathering or extraction methods;
  • Downloading (other than page caching) any portion of the Services, Beam Content or any information contained therein, except as expressly permitted on the Services;
  • Accessing the Beam API with an unauthorized or third-party client; and
  • Any use of the Services or Beam Content other than for their intended purposes as explicitly described in these Terms.
Any use of the Services or Beam Content other than as specifically authorized in these Terms, without the prior written permission of Beam, is strictly prohibited and will terminate the license to use Beam granted in these Terms.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

  • Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
  • Compromise the security of the Services;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
  • Use or attempt to use another user's account without authorization;
  • Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
  • Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Engage in any harassing, intimidating, predatory or stalking conduct;
  • Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Violate the publicity, privacy or data protection rights of others[, including by taking pictures of another individual without receiving that individual's consent];
  • Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
  • Use the Services for any other unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

You further agree to abide by any third-party terms that apply when posting reviews of Beam, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service.

Account Security

After opening a Beam account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep account access from your device secure and safe. You agree that you will not share your account access with others or do anything that might jeopardize the security of your account.

When you first create a Beam account, we ask for your mobile number in order to verify your account. Please be aware that your carrier's text messaging fees apply for mobile number verification.

Changes to the Services

We reserve the right to change or discontinue, temporarily or permanently, the Services or any features or part thereof without any prior notice. You agree that we will not be liable for any change, suspension or discontinuance of the Services or any part thereof.

Copyright Policy

Beam respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work.

If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent:

Beam, Inc.

Attn: Copyright Agent

50 Milk St

Boston, MA

privacy@beam.in

Disclaimer

THE SERVICES AND THE BEAM CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE BEAM ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

Disputes

  1. IndemnificationBy agreeing to these Terms you agree to indemnify, defend and hold harmless Beam, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "Beam Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

  2. Limitation of Liability
    Except where prohibited by law, in no event will Beam or the Beam Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Beam has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Beam for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Beam is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Beam's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

  3. Arbitration
    PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BEAM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    You and Beam agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Beam are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Beam agree (a) that any arbitration will occur in Suffolk County, Massachusetts; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association; and (c) that the state or federal courts of Boston, Massachusetts have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BEAM WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

Applicable Law

Any dispute between you and Beam will be governed by these Terms and the laws of the Commonwealth of Massachusetts and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Beam.

Questions and Comments

Beam welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting http://beam.in.

Locate us here :
50 Milk St,
Boston,
MA 02109
USA

Contact us here:
General: hello@beam.in
Sales: bizdev@beam.in
Press: press@beam.in

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