Application of these Terms
Welcome to Beamly! zeebox Limited is a limited company registered in England and Wales under company number 07616777 with a registered office at 34–43 Russell Street, London WC2B 5HA, United Kingdom, email: firstname.lastname@example.org. Our VAT number is GB 115 2582 36.
When you sign up to use Beamly, you will be asked to confirm that you agree with these Terms so please read them carefully. Please note that we may change or update these Terms. We will post any changes (including the effective date) to our Site so please revisit them every so often because we will assume that you agree with them if you continue to use Beamly.
When you access Beamly, we allow you to use our software where “software” includes the software we developed to run our App, any related documentation or data distributed to you and any future fixes, updates and upgrades, solely for you to use Beamly in accordance with these Terms.
This licence is non-transferable, for your personal use and for use on computers and/or devices that you own or control and is subject to you doing / not doing all these things: (a) complying with the rules set out in the Apple App Store Terms of Service (if this is how you downloaded or installed the Beamly app on an Apple device) and any other terms that apply to Apps or Sites you access via Beamly; (b) not copying our software (other than a single copy for your own backup purposes); (c) not removing, modifying or obscuring any copyright, trade mark or other proprietary rights notices contained in Beamly; (d) not reverse engineering, decompiling, or disassembling Beamly; (e) not granting any rights in Beamly to anyone else without our prior written consent; (f) not uploading anything to Beamly that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content designed to interrupt, destroy or limit the functionality of any aspect of Beamly; (g) not exporting or re-exporting the software in violation of US export laws; (h) not being located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country or being listed on any US Government list of prohibited or restricted parties; (i) not using Beamly for any commercial purpose without our prior written consent; (j) not accessing, creating or modifying the source code of our software in any way; (k) not using Beamly in any way that impedes the normal enjoyment of, or performance by, Beamly by another user; (l) not using Beamly to track, monitor or analyse user behaviour in any manner; (m) not attempting to compromise any security measures employed by Beamly or Beamly’s third party partners, including, but not limited to, tampering with such measures; (n) complying with all other terms and warranties of these Terms and applicable laws and regulations and (o) not taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
If you don’t comply with these conditions, we may terminate your access to Beamly and take other action we deem appropriate.
User Generated Content
Beamly is set up to display content generated by users (“User Generated Content”). We don’t review, and cannot review, all of the content accessible via Beamly, and cannot therefore be responsible for it. We don’t endorse any content uploaded, or believe such content to be accurate, useful or non-harmful. Beamly may (but hopefully won’t) display content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Each user chooses, and is responsible for, the content that is uploaded via Beamly, and your access of User Generated Content is solely at your own risk.
If you submit content to or via Beamly, you agree to the following: (a) you will only upload content that you own or are permitted to upload having obtained the necessary licence or permission to use it, as well as the right to sublicense the content to us, without limitation; (b) you grant us a revocable, non-exclusive, royalty-free, worldwide and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content you upload to Beamly, including the right to sub-license use of the content, in any medium or method, whether now known or hereafter devised; (c) you will not post or distribute any content which infringes any intellectual property (“IP”) rights or any other party’s right to privacy, publicity rights or contractual rights; (d) you agree not to assert your “moral rights” (rights of authorship and rights not to have your work treated in a derogatory manner) in any content uploaded via Beamly; (e) you will not upload another person’s sensitive personal data without their consent; (f) you will not upload any content which you know is false, or is defamatory, libelous, deceptive, invasive of another’s privacy, tortious, pornographic, profane, hateful or racially or ethnically objectionable, unlawful, obscene, harmful, offensive, misleading or inappropriate, or contains or depicts nudity or sexual activity; and (g) you will not upload any spam (unsolicited advertising material), or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites.
If we become aware of any breach of these terms, we may modify, withdraw or refuse to display the relevant content at any time in our discretion and/or withdraw your right to use Beamly.
Content Provided By Us
All IP rights in Beamly are our property, or the property of our affiliates or partners. So please don’t take these Terms as giving you the right to use any trademarks, images or logos of Beamly or our affiliates or partners because none can be reproduced or used without written permission.
When you download Beamly, you will be asked to create a Beamly account (“Account”) by registering with your email address and password (or using your Facebook login details). You can also connect to third party social networks supported by us (e.g. Facebook, Twitter) to use certain features, such as connecting with friends, chatting with friends, sharing what you are watching on TV, syncing Beamly with your TV, etc.,. Connecting to a third party social network service is subject to your compliance with these Terms as well as any terms of the third party service provider.
Existing users who have downloaded Beamly prior to 7 October 2013 can continue to use Beamly without creating an Account, or may create an Account if they wish to do so.
When you register with Beamly, we create a profile for you according to your preference settings. Your settings may result in your profile being public and/or your agreeing to share your TV viewing with friends and/or others, in which case, your username, shared viewing and other material you post will become visible to others.
Please only upload data that is true, accurate, complete and up-to-date. You are responsible for all activity that occurs under your Account so please keep any password confidential and access to your computer or access device secure. You must notify us of any known or suspected unauthorised use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or login details.
You must not use Beamly unless you are aged 18 or older.
If you are aged 13-18 you should have a parent’s or guardian’s approval to use Beamly and review these Terms with a parent or guardian to make sure you and your parent/guardian understand them.
Please note that some of the content and/or advertising on Beamly may be unsuitable for minors under the age of 18.
Third Party Sites and Apps
Beamly will enable you to access other apps and sites (e.g. Facebook, Twitter, Wikipedia). Even though these apps and sites are accessible via Beamly, they are not owned or controlled by us. As a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of, with regard to such third party apps and sites, what you experience, the content you access, what impact that content has on you, or any dealings between you and these third parties or the failure of third party apps or sites to function properly.
Please also note that the inclusion of any link or grant of access does not in any way imply or express an affiliation, endorsement or sponsorship by Beamly of the site or app and/or its contents.
Pricing and Product Purchases
Beamly endeavours to make all published pricing correct. Occasionally, content on Beamly may contain incorrect information, whereby a product is listed at an incorrect price, due to typographical errors or error in pricing information provided by the merchant.
While Beamly enables third parties to list their products, no transactions are carried out on the Beamly platform. Accordingly, Beamly is not a party to any resulting transactions nor assumes any responsibility for any purchases arising out of or in connection with our App or Site.
Please do not take our listings to imply any kind of endorsement of these offerings or of any of these businesses or individuals, or the content of their websites.
Advertising and Cookies
Beamly may deliver advertising in the form of banners, paid links, coupons, promotions, sponsorship graphics or other means to you via our App, Site or via other third-party services and websites (“Advertising”). We may use “cookies” (as outlined in our Privacy and Cookies Policy) to improve our service, to make your experience more personalised, and to make advertising more relevant to you. Our Advertising may be contextual, that is related to your location, your use of the App over time, your shared TV viewing as disclosed by your use of Beamly, or based on other information you have provided to Beamly or has been provided to us by third parties or is ascertainable from your user profile.
Beamly is a participant in the Amazon Services LLC Associates Program and the Amazon Europe S.a.r.l. Associates Programme, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com, endless.com, smallparts.com, myhabit.com or amazon.co.uk / Javari.co.uk / Amazon.de / Amazon.fr / Javari.fr / Amazon.it.
If you experience a problem with Beamly, please report it to us. We may occasionally restrict your access to Beamly to carry out repairs, maintenance or to introduce new functionality or services, but we will try to keep disruption to a minimum.
Notification of Copyright Infringement
Beamly will investigate notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Beamly, please notify us via email at email@example.com.
If you are a copyright holder who believes that any of the products, services or content which are directly available via Beamly are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to 34–43 Russell Street, London WC2B 5HA, United Kingdom email: firstname.lastname@example.org. A notification of claimed copyright infringement must include the following: (a) A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed; (b) Specific identification of each copyrighted work claimed to have been infringed; (c) A description of where the material believed to be infringed is located on Beamly (please be as detailed as possible and provide a URL to help us locate the material you are reporting); (d) contact information for the complaining party, such as a complete name, address, telephone number, and email address; (e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Additional Terms Applicable to Users of iOS Devices
If you installed or downloaded our App via Apple, Inc.’s iTunes Store (“Apple”): (a) you agree that these Terms are concluded between you and us only (and not with Apple), that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary; (b) you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our App; (c) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App; (d) you agree that in the event of any failure of our App to conform to any applicable warranty, you will notify Apple of such failure and Apple will refund the purchase price of the App (if any) to you and, to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our App; and (e) Apple will not be responsible for any third party claim that our App or your possession and use of our App infringes any third party IP rights.
WE WILL DO OUR BEST TO ENSURE BEAMLY RUNS SMOOTHLY, BUT WE CANNOT GIVE ANY GUARANTEES THAT IT ALWAYS WILL (PARTICULARLY GIVEN THAT WE RELY ON THIRD PARTIES IN PROVIDING BEAMLY TO YOU). BEAMLY IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, AND ON BEHALF OF OUR AFFILIATES, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, AND NON-INFRINGEMENT; (B) THAT BEAMLY WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE, VIRUS-FREE OR ERROR-FREE; (C) THAT CONTENT DISPLAYED OR OBTAINED VIA BEAMLY WILL BE ACCURATE OR RELIABLE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND (D) THAT THE RESULTS OF USING BEAMLY WILL MEET YOUR REQUIREMENTS.
IN NO EVENT WILL BEAMLY, OR ITS LICENSORS, SUPPLIERS OR AFFILIATES, BE LIABLE, TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO BEAMLY FOR: (A) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES; (B) ANY LOST PROFITS OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (C) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; (D) FOR BUSINESS LOSSES OR LOSSES TO NON-CONSUMERS; (E) PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO USE OF BEAMLY; (F) ANY LOSS OR DAMAGE ARISING FROM USER GENERATED CONTENT (AS SET OUT ABOVE) OR ANY ACTIONS OR OMISSIONS THAT YOU TAKE IN RELIANCE UPON IT; (G) ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL; OR (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
YOU AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH BEAMLY IS TO DISCONTINUE ANY USE OF OUR SITE AND/OR OUR APP.
IF FOR ANY REASON, YOU DO BRING A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF BEAMLY, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED £25.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BEAMLY, OUR CONTRACTORS, AND OUR LICENSORS, SUPPLIERS, AND AFFILIATES, AND ALL RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF, MISUSE OF, OR ACCESS TO BEAMLY, OR ANY CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO OUT OF YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY ON BEAMLY) BREACH OF THESE TERMS OR THE TERMS OF ANY THIRD PARTY LOGIN SERVICE. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Changes and Termination
We may change, suspend, restrict or terminate any or all features of, or your access to, Beamly at any time for whatever reason, or for no reason. We will use our best efforts to give you reasonable notice of any such changes/termination wherever possible but we will not be liable to you or to any third party for any changes, suspension, or restriction to, or termination of, Beamly.
If we have to terminate your access to Beamly as a result of you having breached these Terms or because you have brought a claim against us, you will not establish another account with us for a period of not less than 6 years from the date of termination.
You can terminate your access to Beamly at any time by closing down the App and deleting it from your computer or access device, or – in the case of our Site – logging out and navigating to another site.
The laws of the United Kingdom apply to these Terms, without regard to conflict of law rules. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of these Terms.
Miscellaneous Legal Stuff
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public
If you have any questions or concerns about these Terms, please email us at email@example.com or write to us at Beamly, 34–43 Russell Street, London WC2B 5HA, United Kingdom. Now let’s go watch some TV…