Terms of Service
This agreement (“Agreement”) is between you (“You”), either an individual or entity, and BeamYourScreen GmbH (“BeamYourScreen”), a company incorporated under the laws of Germany, for use of the BeamYourScreen service (“Service”) and software ("Software"), which may include associated software components, media, printed materials, and electronic documentation. You agree to be bound by and become a party to all the terms of this Agreement by using the Service or by downloading a software packet containing the Software or by otherwise using the Software. If you do not agree to the terms of this Agreement, do not use the Service or the Software in any manner whatsoever. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This Agreement sets forth the terms and conditions governing the performance and delivery of the Service described in any associated subscription contract ("Contract"). You may subscribe and purchase the Service by executing a Contract setting forth the applicable subscription period ("Subscription Period") subject to the terms and conditions of this Agreement. Service is for your use only and not for the purpose of redistribution or resale. You may not resell the Service to third party individuals and entities. Each Contract will be subject to this master agreement, notwithstanding any inconsistent or additional provisions contained therein. The application of this master agreement is automatic and invariable without the express contrary agreement of both parties. Contracts will be governed only by the terms and conditions of this Agreement and any
different or additional terms in any other document are deemed inapplicable. No Agreement or Contract is binding unless or until it is accepted by BeamYourScreen in writing.
The term of this Agreement ("Term") commences on the commencement date (“Commencement Date”) as set forth in the Contract. The Agreement and any associated Contract shall continue and renew automatically at the end of the renewal period ("Renewal Period"), unless either party notifies the other of its intent to terminate this Agreement by providing the other party written notice of termination at least three (3) months prior to the end of any term of the Agreement or of any Service period or immediately, in BeamYourScreen's sole discretion, if You breach the Agreement. Contracts commence on the Commencement Date indicated in the Contract and unless earlier terminated, shall continue and renew automatically for the Subscription Periods set forth in the Contract. Service fees and charges are non-refundable.
3. Payments and Amendments
BeamYourScreen reserves the right to suspend or terminate the Service thirty (30) days after the due date of a correctly rendered and non-contested invoice in the event that you fail to pay BeamYourScreen by the due date. BeamYourScreen may change the fees and charges then in effect, or add new fees or charges, whenever Contract renews, with thirty (30) days notice. The fees payable to BeamYourScreen shall be exclusive of all governmental, federal, state or local excise, sales, value-added, use, and other taxes now or hereafter levied or imposed on the Service provided under this Agreement. You agree to pay or have paid all fees and charges incurred in connection with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service.
3.1 As specified in the Contract, periodic fees for the Subscription Period will be billed automatically to the credit card provided to BeamYourScreen prior to the Commencement Date and prior to each subsequent Renewal Period. Payments are due prior to activation of the Service. Unless otherwise stated, as a condition to the right to use the Service, You must provide a valid credit card number belonging to you with available credit sufficient to pay the applicable Service fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide BeamYourScreen with a new valid credit card number. You authorize BeamYourScreen, from time to time, to undertake steps to determine whether the credit card number provided is a valid credit card number. In the event that you do not provide a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, You will be in violation of this Agreement, and BeamYourScreen may
terminate this Agreement immediately. BeamYourScreen does not accept debit cards for payment of Service Fees. In the event that you provide a debit card number instead of a credit card number, you authorize BeamYourScreen to make all charges described in this Agreement to Your debit card account. You, and not BeamYourScreen, are responsible for paying any amounts billed to your credit card by a third party, which were not authorized by you.
3.2 Purchase order billing is available only to qualified customers. Periodic fees for the Subscription Period as specified in the Contract will be billed automatically to the purchase order designated to BeamYourScreen prior to the Commencement Date of the initial Subscription Period and at the start of each Subscription Renewal Period. Payments are due prior to activation of the Service. Purchase order invoices are due and payable within fifteen (15) days of the Commencement Date of any Subscription Period.
3.3 BeamYourScreen reserves the right to discontinue or modify trial offers, coupons, credits and special promotional offers at BeamYourScreen's sole discretion. Any trial offer associated with the Service entitles new users to a one-time free trial usage period. At the end of the trial period the user will be automatically terminated unless a paid service plan is purchased prior to the end of the trial period as set forth in the Contract.
4. Use and Delivery of Services
4.1 You shall not change, redirect, modify, delete, or disable the IP addresses set up by BeamYourScreen on their systems, without the express approval of BeamYourScreen. If you breach this clause, BeamYourScreen shall have the right to suspend or terminate the Service immediately without notice. You shall keep BeamYourScreen fully indemnified from and against all costs, claims, liabilities, and demands, relating to any breach of this clause.
4.2 You shall provide all necessary information to enable BeamYourScreen to create profiles pursuant to this Agreement. You are responsible for updating any and all information. To the extent BeamYourScreen receives any personal information, you grant BeamYourScreen permission and will ensure that it has received the permission of each user to transfer, process or store such personal information in our databases. The privacy statement can be found on the BeamYourScreen website.
4.3 You are responsible for maintaining the confidentiality of Usernames and Passwords. You agree to immediately notify BeamYourScreen of any unauthorized use of your account of which you become aware. Otherwise, all guarantees as to service and performance given by BeamYourScreen to you shall be suspended.
4.4 The right to use the Service is limited only to you and invited attendees and includes those members of staff and others engaged by you to perform work for you.
4.5 You agree that BeamYourScreen may use your name and logo in advertisements, other promotional material and BeamYourScreen's website, upon prior written approval for such use. You agree not to unreasonably withhold such approval.
4.6 Unless otherwise stated in any Service description, support services will be provided by email during the Subscription Period.
4.7 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. You shall not use BeamYourScreen's mail server to relay mail other than invitations to share its own data without the express permission of BeamYourScreen.
4.8 Violations of system or network security are prohibited, and may result in criminal and civil liability. BeamYourScreen will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network, interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP
packet header or any part of the header information in an email or a newsgroup posting.
4.9 Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. You agree that you are solely responsible for the content of all visual, written or audible communications used or sent by you. You agree that you will not use the Services to send unsolicited mass mailings. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, or indecent, would violate the intellectual property rights of any party or is otherwise unlawful,
that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although BeamYourScreen is not responsible for any such communications, BeamYourScreen may delete any such content of which BeamYourScreen becomes aware, at any time without notice.
You have no right and will not, nor will You authorize or assist others to: (a) produce, manufacture, distribute or copy all or any portion of the Software, except as expressly allowed in this Agreement, (b) disassemble, reverse engineer or decompile all or any portion of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, (c) modify, translate, or alter all or any portion of the Software or (d) license, sublicense, assign, transfer, rent, lease, sell, encumber or otherwise transfer title or any other rights in all or any portion of the Software. You will indemnify BeamYourScreen against any loss related to your failure to conform to the requirements of this section.
BeamYourScreen and its suppliers, as applicable, retain ownership of all proprietary rights, notices and marks in, or displayed by, the Software. You will not remove, deface or obscure any of BeamYourScreen's or its suppliers' copyright or trademark notices or legends or other proprietary notices on or in the Software.
BeamYourScreen's exclusive warranty is that Service will be provided in a professional and workmanlike manner and will conform to BeamYourScreen's applicable published specifications. BeamYourScreen does not warrant that the operation of Service will be uninterrupted or error free. This warranty extends only to you and may not be assigned to a third party. BeamYourScreen’s express warranty is contingent upon the proper use of the Service in accordance with BeamYourScreen specifications and instructions. The warranty does not apply to Service failure due to disaster, accident or misuse by you, failure or defect of electrical power or external circuitry, or your inability or difficulty to connect to the Internet.
Except as expressly stated in this section 7, there are no warranties, express or implied, by operation of law or otherwise, of services sold or furnished under this agreement or in connection herewith. BeamYourScreen disclaims all implied warranties of merchantability and fitness for a particular purpose. BeamYourScreen's express warranties will not be enlarged, diminished or affected by, and no obligation or liability will arise out of, BeamYourScreen rendering technical or other advice in connection with the service. In no event will BeamYourScreen be liable for any delay in furnishing services. You understand and agree that the services and the software are provided "as is". BeamYourScreen makes no warranty or representation regarding the results
that may be obtained from the use of the services or software, regarding the accuracy or reliability of any information obtained through the services, regarding any goods or services purchased or obtained through the services, regarding any transactions entered into through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the Services and Software is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services or software. The entire risk arising out of the use or performance of the software remains with you.
You agree to indemnify, defend and hold harmless BeamYourScreen, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. In that event, such warranties are limited to the minimum warranties allowed by the applicable law.
8. Software License
BeamYourScreen grants you a perpetual, non-exclusive license ("Software License") to use the BeamYourScreen software subject to you paying fees for the Service on a timely basis, or until the Agreement or Contract is otherwise terminated. The Software is licensed, not sold. BeamYourScreen grants you the right to download copies of the BeamYourScreen software to any PC by installing one copy of the Software, in machine readable format only. BeamYourScreen has no obligation to provide you with, and this license does not entitle you to receive any hard-copy documentation or other printed materials, technical support services, telephone assistance or modifications, enhancements or supplements to the Software. Except as expressly licensed to you in this Agreement, BeamYourScreen
retains all right title and interest in and to the Software and all copies thereof.
9. Limitation of Liability
BeamYourScreen's maximum liability will be limited in any event to actual direct damages to the extent caused solely by the acts or omissions of BeamYourScreen subject to a maximum liability of the lesser of $5,000 or the amount paid for the specific service which directly caused such damage. To the maximum extent permitted by applicable law, in no event will BeamYourScreen or its affiliates, suppliers and resellers be liable for any incidental, consequential, special, exemplary or indirect damages, lost business profits, business interruption, or loss, damage or destruction of data, or any other pecuniary loss or damage arising out of the use of or inability to use the services or the software or the provision of or failure to provide technical or other support services, or any other legal theory,
regardless of the form of action, whether in contract, tort (including negligence), breach of warranty or otherwise, even if BeamYourScreen, its affiliates, suppliers or resellers have been advised as to the possibility of such damages. No limitation as to damages for personal injury is hereby intended. Some states do not allow the exclusion or limitation of incidental or consequential damages and the above exclusion or limitation may not apply.
You may terminate this Agreement at any time by providing written notice to BeamYourScreen and destroying all full and partial copies of the Software received or produced by you. If you fail to comply with any term of this Agreement, BeamYourScreen may terminate this Agreement upon written notice and you will then destroy all full and partial copies of the Software received or produced by you. If BeamYourScreen loses its rights as to all or any part of the Software due to reasons beyond BeamYourScreen's control, BeamYourScreen may terminate this Agreement upon 30 days notice and you will destroy all full and partial copies of the Software received or produced by or before the effective date of termination. Upon BeamYourScreen's request, you will certify in writing that you have complied with your obligations to destroy all full and partial copies of
the Software as set forth in this section. BeamYourScreen may terminate this license and access to the BeamYourScreen networks upon failure to pay subscription fees when due.
11. Force Majeure
BeamYourScreen shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, earthquake, war, strike, embargo, government requirement, civil or military authority, act of God, Internet traffic congestion, or other similar causes beyond its control and without the fault or negligence of BeamYourScreen or its subcontractors.
You will not assign or transfer any part or all of this Agreement or any of your rights or obligations hereunder without the prior written consent of BeamYourScreen. Failure by either party to exercise any of its rights under or to enforce any provision of this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision in the future. If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. BeamYourScreen
may change the terms of this Agreement at any time by posting modified terms on its website. Any and all rights and remedies of BeamYourScreen upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on BeamYourScreen, and the exercise of any one remedy will not preclude the exercise of any other. This Agreement shall be governed by and construed under the laws of Germany, exclusive of its choice of law principles. In the event of any dispute, the parties submit to the exclusive, personal jurisdiction of and venue in the federal and/or state court closest to the city of Mannheim. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.