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.
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.
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.
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.
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.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
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.
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.
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.
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:
Attn: Copyright Agent
50 Milk St
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.
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.
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.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Beam.