ACCEPTANCE OF TERMS
Beema Inc. ("Beema") welcomes you. Beema provides its service to you subject to
the following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you.
DESCRIPTION OF SERVICE
Beema provides users with access to a rich collection of characters that can be
animated to say anything users desire and will be turned into a video which can
be distributed via most electronic methods. You also understand and agree that the
Service may include advertisements and that these advertisements are necessary for
Beema to provide the Service. You also understand and agree that the Service may
include certain communications from Beema, such as service announcements and administrative
messages, and that these communications are considered part of Beema membership
and you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including
the release of new Beema properties or services, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that Beema assumes
no responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for obtaining
access to the Service, and that access may involve third-party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that Beema has created certain areas on the Service that contain
adult or mature content. You must be at least 18 years of age to access and view
such areas.
IMAGE RIGHTS
All images on this site have either been purchased under an open royalty-free license
or were found elsewhere on the internet and are believed to be in the public domain
as either promotional stills, publicity photos, photoshoot rejects or press media
stock. Please contact the web administrator at
beemainfo@beema.com. if you are the copyright owner of an image on this
website.
USE OF BEEMA ANIMATIONS
The use of any Beema Animations which have been originated from a model of a real
person, whether an image or a caricature, for any purpose other than personal and/or
satirical use is expressly forbidden. Beema animations can not be used to promote
a business or imply in anyway that the person the model represents endorses anything
including but not limited to a product, person, service, idea, position or political
party. You accept all responsibility for the statements that you make when utilizing
Beema's services. Beema will accept no responsibility for the content of the animations
that you create. Beema does not screen messages for objectionable content.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form, and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete, or Beema
has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Beema has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion thereof).
BEEMA PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at http://www.beema.com/PrivacyPolicy.aspx.
You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for storage,
processing and use by Beema and its affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify Beema of any
unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Beema cannot
and will not be liable for any loss or damage arising from your failure to comply
with this Section 5.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not Beema, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make available
via the Service. Beema does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Beema be liable
in any way for any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
record, upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Beema official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
record, upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under nondisclosure
agreements);
record, upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
record, upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose (please read our complete
Spam Policy);
record, upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks connected
to the Service;
intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s) designated
by the United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in the paragraphs above.
You acknowledge that Beema may or may not pre-screen Content, but that Beema and
its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or remove any Content that is available via the Service.
Without limiting the foregoing, Beema and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by
Beema or submitted to Beema, including without limitation information in Beema Message
Boards and in all other parts of the Service.
You acknowledge, consent and agree that Beema may access, preserve and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third parties; (d) respond to your requests for customer
service; or (e) protect the rights, property or personal safety of Beema, its users
and the public.<
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and that use
of these materials is subject to usage rules set by Beema and/or content providers
who provide content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials provided
on the Service, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON BEEMA NETWORK
When you register with Beema, you acknowledge that in using Beema services to send
electronic communications, you will be causing communications to be sent through
Beema's computer networks, portions of which are located through out the United
States and portions of which are located abroad. As a result, and also as a result
of Beema's network architecture and business practices and the nature of electronic
communications, even communications that seem to be intrastate in nature can result
in the transmission of interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to this Terms of Service,
you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Beema does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service, you grant Beema the following
worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove or Beema removes
such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the Beema network
of properties that are intended by Beema to be available to the general public.
By way of example, publicly accessible areas of the Service would include Beema
Message Boards and other areas that are open to both members and visitors.
CONTRIBUTIONS TO BEEMA
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to Beema through its suggestion or feedback webpages, you acknowledge and agree
that: (a) your Contributions do not contain confidential or proprietary information;
(b) Beema is not under any obligation of confidentiality, express or implied, with
respect to the Contributions; (c) Beema shall be entitled to use or disclose (or
choose not to use or disclose) such Contributions for any purpose, in any way, in
any media worldwide; (d) Beema may have something similar to the Contributions already
under consideration or in development; (e) your Contributions automatically become
the property of Beema without any obligation of Beema to you; and (f) you are not
entitled to any compensation or reimbursement of any kind from Beema under any circumstances.
INDEMNITY
You agree to indemnify and hold Beema and its subsidiaries, affiliates, officers,
agents, employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or otherwise make available through the Service, your
use of the Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Beema may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
animations, videos, message board postings or other uploaded Content will be retained
by the Service, the maximum number of videos that may be created by an account on
the Service, the maximum size of any video that may be created by an account on
the Service, the maximum disk space that will be allotted on Beema's servers on
your behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that Beema has no
responsibility or liability for the deletion or failure to store any videos and
other communications or other Content maintained or transmitted by the Service.
You acknowledge that Beema reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Beema reserves the
right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
Beema reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that Beema shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
TERMINATION
You agree that Beema may, under certain circumstances and without prior notice,
immediately terminate your Beema account, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or violations of
the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f) extended periods of
inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h)
nonpayment of any fees owed by you in connection with the Services. Termination
of your Beema account includes (a) removal of access to all offerings within the
Service, (b) deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c) barring of
further use of the Service. Further, you agree that all terminations for cause shall
be made in Beema's sole discretion and that Beema shall not be liable to you or
any third party for any termination of your account, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that Beema shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Beema has no control over such sites and resources,
you acknowledge and agree that Beema is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that Beema shall
not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
BEEMA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
permitted by applicable law or authorized by Beema or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
Beema grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
from, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, nor to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is provided
by Beema for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. BEEMA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BEEMA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEEMA OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO
HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEEMA AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF BEEMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
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.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
NOTICE
Beema may provide you with notices, including those regarding changes to the TOS,
including by but not limited to email, regular mail, SMS, MMS, text message, postings
on the Service, or other reasonable means now known or hereinafter developed.
TRADEMARK INFORMATION
The Beema logo, Beema name, Beema,com, MyBeema, BeemaMail trademarks and service
marks and other Beema logos and product and service names are trademarks of Beema
Inc. (the "Beema Marks"). Without Beema's prior permission, you agree not to display
or use in any manner the Beema Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Beema respects the intellectual property of others, and we ask our users to do the
same. Beema may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you believe that
your work has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide Beema's
Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim
has been infringed;
a description of where the material that you claim is infringing is located on the
site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
Beema's Agent for Notice of claims of copyright or other intellectual property infringement
can be reached as follows:
By mail:
Copyright Agent
c/o Beema Inc.
625 2
ndSt., STE 205
Petaluma, CA 94952
By phone: (408) 341-1590
By fax: (408) 850-9719
By email: beemainfo@beema.com
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Beema
and governs your use of the Service, superseding any prior agreements between you
and Beema with respect to the Service. You also may be subject to additional terms
and conditions that may apply when you use or purchase certain other Beema services,
affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Beema shall
be governed by the laws of the State of California without regard to its conflict
of law provisions. You and Beema agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of Beema to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Beema account
is non-transferable and any rights to your Beema ID or contents within your account
terminate upon your death. Upon receipt of a copy of a death certificate, your account
may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action arose
or be forever barred.