Last Updated Date: 01-09-2012
http://www.beamrise.com/Legal/Termsofservice and which is incorporated by reference into these Terms of Service. These Terms of Service govern your access to and use of the Site and Application and, except as otherwise provided in these Terms of Service, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Application (“Content”), and constitute a binding legal agreement between you and SIEN.
Certain areas of the Site (and your access to or use of certain aspects of the Application or Content) may have different terms and conditions posted or may require you to accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Application or Content, the latter terms and conditions will take precedence with respect to your access to or use of that area of the Site, Application or Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR BY ACCESSING OR USING THE SITE OR THE APPLICATION OR ACCESSING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION OR CONTENT.
Modification. SIEN reserves the right, at its sole discretion, to modify or terminate the Site or Application or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the home page of this document. By continuing to access or use the Site or the Application after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Application.
Access to the Application. In order to access certain features of the Site and Application, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information and to update such information to keep it accurate, current and complete. SIEN reserves the right to suspend or terminate your use of the Site and Application if any information provided proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify SIEN of any unauthorized use of your username or password. If you have not provided this information to SIEN, you may browse all areas of the Site and Application other than those requiring a username and password.
Software. When you download, install or use any component of the Application to access and use various components thereof, including the SIEN’S BROWSER BEAMRISE, you acknowledge and agree that the SIEN’S BROWSER BEAMRISE homepage, accessible at search.beamrise.com, may be your default internet browser homepage as a result of such action. You may deactivate this default feature, once it has been installed, by accessing the SIEN’S BROWSER BEAMRISE’s menu “tools > Options > Basics” and selecting the appropriated search options.
Other SIEN BROWSER BEAMRISE software features may be set as default features when you install the Application. You may specify during the installation process that you do not accept the SIEN’S BROWSER BEAMRISE and it will not be installed. If you install and/or update the SIEN’S BROWSER BEAMRISE you acknowledge and agree that the SIEN’S BROWSER BEAMRISE may be set as your default browser as a result of such action. You can change this and set any other Internet browser as your default browser, without uninstalling other SIEN software feature, by accessing the SIEN’S BROWSER BEAMRISE’s menu “tools > Options > Basics” and selecting the appropriated “Default browser” option. You can also uninstall the by accessing the SIEN’S BROWSER BEAMRISE’s menu “tools > Options > Basics” and selecting the appropriated “Default browser” option at anytime without uninstalling other SIEN software feature.
We reserve the right to add additional features or functions to the existing Application or components thereof. When installed on your computer, the Application periodically communicates with our servers. We may require the updating of the Application on your computer when we release a new version of the Application, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You are not obligated to use any of the features of the Application, including, but not limited to instant messaging chat, content & news feeds.
SIEN’S BROWSER BEAMRISE may also redirect your Web Browser’s new tabs functionality to the SIEN’S BROWSER BEAMRISE search page during your use of the Application.
Ownership. The Site, Application and Content are protected by copyright, trademark and other laws of France and foreign countries. Except as expressly provided in these Terms of Service, SIEN and its licensors exclusively own all right, title and interest in and to the Site, Application and Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of SIEN used are trademarks or registered trademarks of SIEN. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Content.
Content License. Subject to your compliance with the terms and conditions of these Terms of Service, SIEN grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and download any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SIEN or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
User Content. Users may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Site and Application (“User Content”). By making available any User Content through the Site and Application, you hereby grant to SIEN a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Application. SIEN does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Application or you have all rights, licenses, consents and releases that are necessary to grant to SIEN the rights in such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or SIEN’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The User Content will not contain any “back door,” “trap door”, “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “Easter Eggs”, “cancelbots” or other computer programming routines or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of the Site and Application or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Site or Application.
Open-Source Software The Software is distributed with certain independent code that is licensed under open source licenses ("Open Source Code") and the Open Source Code is licensed to you in accordance with the applicable open source licenses. To the extent that any of the terms and conditions of this Agreement conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code. Please see the beamrise://credits/ for important information regarding this Software open source licenses.
Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Application (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of SIEN and you hereby irrevocably assign to SIEN and agree to irrevocably assign to SIEN all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At SIEN’s request and expense, you will execute documents and take such further acts as SIEN may reasonably request to assist SIEN to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, SIEN’s name, any SIEN trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SIEN’s express written consent;
• Access, tamper with, or use non-public areas of the Site or Application, SIEN’s computer systems, or the technical delivery systems of SIEN’s providers;
• Attempt to probe, scan, or test the vulnerability of any SIEN system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SIEN or any of SIEN’s providers or any other third party (including another user) to protect the Site, Application or Content;
• Attempt to access or search the Site, Application or Content or download Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SIEN or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a SIEN trademark, logo URL or product name without SIEN’s express written consent;
• Use the Site, Application or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
SIEN will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SIEN may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that SIEN has no obligation to monitor your access to or use of the Site, Application or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Application, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SIEN reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that SIEN, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Application.
Copyright and IP Policy. SIEN respects copyright law and expects its users to do the same. SIEN has adopted and implemented a policy that provides for the termination in appropriate circumstances of SIEN users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SIEN’s Copyright and IP Policy at http://www.beamrise.com/legal/copyright/ for further information.
Links. The Site, Application and Content may contain links to third-party websites or resources. You acknowledge and agree that SIEN is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, product, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SIEN of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Cancellation. If you breach any of these Terms of Service, SIEN will have the right to suspend or disable your use of the Site, Application and Content or prevent your access to the Site, Application and Content or terminate these Terms of Service, at its sole discretion and without prior notice to you. SIEN reserves the right to revoke your access to and use of the Site, Application and Content at any time, with or without cause. You may terminate this Agreement at any time by uninstalling and destroying all copies of the SIEN software for the Application in your possession or control.
Disclaimers. THE SITE, APPLICATION AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND YOU USE THEM AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, SIEN EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SIEN MAKES NO WARRANTY THAT THE SITE, APPLICATION OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
WE MAKE NO WARRANTY THAT THE SITE, APPLICATION AND CONTENT WILL NOT CAUSE DAMAGE TO ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR YOUR USE OR ABILITY TO USE ANY SERVICE OR OTHER WEBSITE ONLINE ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED OR RELATING TO OR RESULTING FROM USING THE SITE, APPLICATION AND CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SIEN OR THROUGH THE SITE, APPLICATION OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION. YOU UNDERSTAND THAT SIEN DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR APPLICATION, NOR DOES SIEN MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR APPLICATION. SIEN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity. You agree to defend, indemnify, and hold SIEN, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application or Content, or your violation of these Terms of Service.
Limitation of Liability. SIEN’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50 (FIFTY U.S. DOLLARS). YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND CONTENT REMAINS WITH YOU. IN NO EVENT WILL SIEN BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND CONTENT WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
General. These Terms of Service will be governed by and construed in accordance with the laws of California, without regard to conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer these Terms of Service or any rights granted hereunder, by operation of law or otherwise, without SIEN’s prior written consent, and any attempt by you to do so, without such consent, will be void. SIEN may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. Any notices or other communications permitted or required hereunder, will be provided to you in one of the following ways: by posting on the SIEN Site, by email or through Application notifications. The failure by either party to enforce any provision of these Terms of Service will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms of Service will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these Terms of Service is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. These Terms of Service are the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and SIEN have executed a separate agreement.
Contacting SIEN. If you have any questions about these Terms of Service for the SIEN’S BROWSER BEAMRISE, please contact SIEN at firstname.lastname@example.org.