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Updated: May 24, 2018
We are very pleased that you have shown interest in Beamr Imaging Ltd. (“Beamr”) products and services. Beamr operates each website (“Site”) that links to these Terms of Use to provide online access to information about Beamr and products, services, and opportunities Beamr provides.
These Terms of Use describe the terms and conditions under which we offer you information and demonstrations of our Beamr proprietary technology in its various forms (collectively, the "Service") which may be used on the Site, a downloadable software application, or on your website or affiliated websites via any software code that we may make available to you from time to time.
By accessing and using the Site, you agree to these Terms of Use.
Beamr reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Beamr products and services, and solely in compliance with these Terms of Use.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
By registering, clicking "I Agree" or otherwise accessing, using and/or participating in the Service, you represent that you are capable of entering into and performing legal agreements, and that you agree to be bound by these Terms of Use and the Privacy Policy in this Site. If you register on behalf of a business, you represent to Beamr that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business.
If you do not agree to all of these Terms of Use and the License, then you may not access the Site or use the Service. The Service is available only to individuals who are at least 18 years old. If you do not so qualify, do not attempt to register for or use the Service. Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
Beamr reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time, such modification will be effective 10 days following the posting of the modification to the site or providing notice to you, whichever occurs first. We will inform you on such modification via your e-mail address or by posting such change on the website. Please review these Terms of Use from time to time, to make sure you are updated on the most recent version of these Terms of Use. Your continued use of the Service constitutes your acknowledgement and consent to the amended Terms of Use.
The Site is based upon proprietary Beamr technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Beamr or its licensors (if any). Beamr owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Beamr, the JPEGmini brand, our Beamr and JPEGmini logos, and other marks used by Beamr from time to time are trademarks and the property of Beamr. The appearance, layout, color scheme, and design of the Beamr.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. Beamr may use and incorporate into the Site or our services any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to info@beamr.com.
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Beamr of the third party, the third-party web site, or the information there. Beamr is not responsible for the availability of any such websites. Beamr is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Beamr affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.
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.
As a condition of use, you agree not to use the Service or the Content for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Beamr. By way of example, and not as a limitation, you agree not to use the Services: to abuse, harass, threaten, impersonate or intimidate other Beamr users or Content providers; in any manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Beamr user; to create or submit unwanted email (Spam) to any other users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); via use of any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission; to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Service infrastructure to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; to bypass any measures we may use to prevent or restrict access to the Site; Beamr, in its sole discretion, may remove any Content from the Site for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), at any time. Please see our copyright policy below.
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 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.
By submitting the User Submissions to Beamr, you hereby grant Beamr a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and Beamr's business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms of Use.
You acknowledge that Beamr has no control over, and no duty to take any action regarding: which users gain access to the Service; what affects 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.
ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST BEAMR IS TO DISCONTINUE USE OF THE SERVICE.
You agree to indemnify, defend and hold harmless Beamr, its parents, subsidiaries, affiliates, and their respective officers, directors and employees from any liability, damage, cost or fees (including reasonable attorneys' fees) arising from: (i) your use of the Service, your User Submissions and violation of the Terms of Use by you; or (ii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Beamr, in its sole discretion, may terminate or suspend user accounts at any time for any reason or for no reason at all, without prior notice or liability to you. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Beamr account, you may simply discontinue using the Service. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and the Content each are a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of such items by the Government shall be governed solely by the terms of these Terms of Use.
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 of Use constitutes the entire agreement between you and Beamr pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Beamr in any respect whatsoever. These Terms of Use, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Beamr may seek injunctive relief in any court of competent jurisdiction. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorney's' fees. These Terms of Use may be amended only by a writing executed by Beamr. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Beamr to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Beamr's rights with respect to such breach or any subsequent breaches.
Beamr's current privacy policy is available here, which is incorporated herein by this reference.
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.
To report abuse to these Terms of Use, or for any questions or comments regarding the Service, email should be sent to support@beamr.com.