Updated: November 19th, 2017
The Service provides information and demonstrations of Beamr's video optimization technology.
Beamr may add, change, suspend or discontinue the Service, in whole or in part, for any reason, at any time, including the availability of any feature, or Content, without notice or liability to you. Beamr shall not be responsible nor held liable for any failures, errors, unavailability and/or damages to your User Submissions (defined below) and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of any User Submissions or Content inserted into or provided by the Service.
You understand and agree that the Service may be supported by advertising. The Service may display advertisements and promotions on or through the Service, including, third party applications. The manner, mode and extent of advertising by Beamr on the Service are subject to change at Beamr's sole discretion.
The Service may provide links and application to other Internet websites or resources. Because Beamr has no control over such websites and resources, you acknowledge and agree that Beamr is not responsible for the availability of such external websites 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 websites or resources.
The Service is protected by federal and international copyright, trademark and other intellectual property laws. All right, title and interest in and to the Site, the Service, compilations, magnetic translations, digital conversions, software and other materials related to the Service and any derivatives thereof including any intellectual property rights therein are and shall remain at all times the sole and exclusive property of Beamr. All data collected by way of the Service on any website and/or any content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the "Content") shall be the sole property of Beamr. You acknowledge that you do not acquire any ownership rights in or to the Service or such data. All trademarks and logos used on this Service are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any trademarks to you. Further, nothing on the Service shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Service, without the express written permission of Beamr or the trademark owner.
All third-party media is the property of the respective third parties. Certain content may be licensed by us from third parties; any such licensed third-party content and all intellectual property rights related to such content belong to the respective third parties. Beamr grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to download and use, third party content, solely for personal, non-commercial use. You may only download such content to your personal computer and you may not make any further copies of such content or transfer or share it to or with any other server, computer, peer-to-peer service, cloud service and any other similar services, you may not post or upload it to any other website or otherwise publicly display such content. Use, reproduction, modification, distribution or storage of any third party content for other than personal, non-commercial use is expressly prohibited without prior written permission from Beamr, or from the copyright holder identified in such content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right.
All pages within the Service are the property of Beamr (provided that such pages may contain or link to third-party intellectual property). No portion of the pages within the Service may be reprinted, republished, modified, or distributed in any form without the express written permission of Beamr. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Service or its content. Any rights not expressly granted by this Agreement with respect to the Service or the Site or any part thereof are reserved by Beamr.
As between Beamr and you, any content submitted by you or inserted onto the Service ("User Submissions") and any intellectual property therein are and shall remain at all times your sole and exclusive property. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Beamr to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
You acknowledge that Beamr has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service may have on you of your User Submissions, your website or equipment; the accuracy or how you may interpret, rely, or use the Service including without limitation any loss of data, loss of quality or loss of reputation or what actions you may take as a result of having been exposed to the Service. Beamr assumes no responsibility with respect to the results of any Content generated via the Service. You release Beamr from all liability with respect to the Service, and any Content inserted onto or provided or accessed via the Service or through the Site.
THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, BEAMR AND ITS AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BEAMR DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICE OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL BEAMR OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICE, ANY API, AND THE CONTENT, EVEN IF BEAMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.
You shall comply with all export laws, restrictions and regulations applicable to the Service. You shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By using the Service and the Content, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Beamr without restriction or notification to You.