3.1. We hereby grant you a personal, worldwide, free of charge (unpaid), non-assignable, non-exclusive, revocable and non-sub-licensable license for the access to and use of the Service. This license is granted for the exclusive purpose of you using the benefits of the Service provided by the Company under the present Agreement. For the avoidance of any doubt, companies, corporate bodies, agencies, groups and other organizations are not granted such a license and are specifically prohibited from registering as a user of the Service.
You are not granted any rights to the Service (including the website at:
https://beamore.com/; the mobile application available via the aforementioned website; the content placed within the Service) or its functions other than the license specified in clause 3.1. hereof. Should you violate any of the provisions of the present Agreement and/or any other terms and conditions referred to by the present Agreement, the license granted in accordance with clause 3.1. shall be deemed automatically revoked, and you will be obliged to immediately delete any content you have uploaded to the Service, downloaded from the Service and/or printed out.
All of the texts, graphics, user interfaces, trademarks, logos, sounds and images placed within the Service belong to, are controlled by and are licensed by us and are protected under the applicable legislation (including but not limited to protection of: copyright and related rights, rights granted under trademark and patent legislation, rights to the databases, performer’s rights, moral and personal non-proprietary rights, rights to company names, brand names, and domain names, rights associated with goodwill, rights to make claims against fraudulent behavior and against unfair competition, rights to design and rights to any other intellectual property, proprietary rights and other similar rights, whether such rights are registered or not).
With the exception of cases where it is necessary to comply with the provisions of the Copyright act of 1968 (Commonwealth) or any other legislation which may apply within your jurisdiction and under conditions specified by the aforementioned legislation; with the exception of cases where it is explicitly allowed under the present Agreement, you are not authorized to conduct any of the following actions in any way and/or method without our prior written consent:
– adapt, copy, reproduce, store, retain, distribute, print, demonstrate, post, publish or produce any materials based on and derivative from any part of the Service; or
– commercialize (capitalize on) any information, goods or services received as a result of using any part of the Service.
With the exception of cases where it is explicitly stated, any work of art or device marked with ™ or ® symbols shall be deemed a registered trademark.
Should you use any of the Company’s trademarks when mentioning the Company’s activities, goods or services, any such materials containing such trademarks, shall contain an explicit statement that the rights to such trademarks are held by the Company. You shall refrain from using our trademarks:
– within your own trademarks whether in whole or in part; or
– in connection to the activities, goods or services which are not directly related to us; or
– in any manner which may lead to any form of ambiguity, misinterpretation, misinformation or confusion; or
– in any manner which may be defamatory to us, our information, goods or services (including, among other things, the Service).
3.2. You have the right to use the Service in accordance with the present Agreement and/or any other terms and conditions referred to by the present Agreement which are made available to you by the Company.
Please exercise caution, reason and common sense while selecting content which you opt to place on, upload to or send via the Service given that you bear excusive and personal responsibility with regards to such content. For the purposes of the present Agreement and/or any other terms and conditions referred to by the present Agreement content shall mean any materials, including but limited to photographs, electronic messages and any other media.
Please be noted that, by placing, uploading or sending any content on, or via the Service, you confirm, warrant and guarantee that:
– you are either the exclusive author or rightholder of such content, and that you waive your right to enforce of moral rights to such content (including, but not limited to any rights to demand that you are identified as an author); or
– you have been granted a license in accordance with which you are authorized to use, post or upload such content or you have been granted the rightholder’s consent or authorization to use, post or upload such content.
3.3. By placing, uploading or sending the content on, to or via the Service you confirm, warrant and guarantee that you have the right to do so, and automatically grant us a non-exclusive, free of charge (unpaid), worldwide and perpetual license to use such content in any manner (including but not limited to: editing, copying, altering, adapting, translating, reformatting, making derivative works based on such content, including such content into other works, advertisement, distribution and otherwise making such content widely available to the general public on whole or in part, in any format and on any device or medium available at the moment of making the present Agreement or developed later).
We may at any given time assign or sublicense the rights granted to us in accordance with clause 3.3. of the present Agreement to parties affiliated with the Company or to the Company’s and assignees without your prior or subsequent approval.
You understand and consent to making the content which you upload to the service widely available to the general public. If you do not want other persons and parties to have access to the content, please refrain from uploading it to the Service.
3.4. The Company may grant you the opportunity to interact with other registered users via the Service by means of audio- and/or video-calls.
The Company may also grant you the opportunity to interact with other registered users via the Service by means of photo- and audio-messages.
3.5. The Company may grant you the opportunity to interact with the other registered users of the Service in anonymous chats, where only the name you have indicated during registration procedure will be displayed to other users. You may either start your own anonymous chat or join a pre-existing one. The term of the existence of the anonymous chat expires after 24 hours from the moment such an anonymous chat was started.
3.6. The Company may grant you the opportunity to interact with the other registered users via the Service within a special speed dating regime chat. The period of time available for interaction with the other registered users in the speed dating chat is restricted to 120 seconds. After the expiration of the said period of time you will be redirected to a similar speed dating chat with a different registered user, unless the features of the Service point to the contrary.
3.7. The Company may grant you an opportunity to use the Service in order to organize discussions on various subjects, events, accommodation and travelling as well as an opportunity to join other registered users in order to participate in such activities.
We do not cease to remind you, though, that only you are solely responsible for your interaction with the other registered users of the Service. The Company does not bear any responsibility for your interaction with the other registered users of the Service. Please exercise caution, reason and common sense and keep safety in mind when using the Service.
If you have decided to use the Service for the purposes of organizing accommodation, you must keep in mind that the Company may verify if the postal address the registered user has provided is actually the address where the user is actually able to receive correspondence. This, however, does not constitute a confirmation that the user of the Service actually lives at a certain address.
3.8. Please be polite and respectful while interacting with the Company, including our employees and other customer service representatives. Should we have any reason to believe that your behavior towards the Company, including our employees and other customer service representatives, is threatening, aggressive or offensive, we reserve the right to immediately terminate your account.
3.9. While using the Service, you are explicitly prohibited from:
– registering as a user of the Service on behalf of or instead of another person (“a fake account”);
– misleading other users as to your identity by using another registered user’s login and passcode;
– distorting information about yourself, your age or your relationships with other persons and organizations;
– uploading, storing, retaining, posting, posting, distributing, granting access to and/or otherwise using any information which may: contain threats, defame, offend, discredit (denigrate) one’s honour and dignity, cause damage to one’s goodwill, violate the privacy of other users or other parties; violate the rights of underage persons; be vulgar or obscene, contain pornographic images and texts or scenes of a sexual nature involving underage persons; contain scenes of inhumane treatment of animals; contain descriptions of means or methods of suicide or any form of inducement or incitement to commit suicide; encourage or fuel racial, religious, ethnic superiority or hatred, propagates fascism or ideology of racial supremacy; contain extremist materials; promotes criminal activities or contains advice, instructions, guidance or directions as to how to conduct any criminal activities; contain any information of limited access, including but not limited to state or government secret, trade secret, information concerning the privacy of third parties; contain advertisement or displays of the attractiveness of the consumption of drug, including but not limited to “digital drugs”(audio-files affecting human brain by means of binaural beats); contain information regarding distribution of drugs, recipes for producing drugs or advice as to how to consume drugs; be of fraudulent nature; violates any other rights and interests of natural and legal persons and legal requirements of Hong Kong, the country of your residence, your citizenship and the international law;
– unlawfully downloading, storing, posting, distributing and granting access to or otherwise using intellectual property of other users and third parties;
– violating any copyright, performer’s rights, right held by distributors, production companies, users any other parties as well as unlawfully using content uploaded to or originating from the Service if that could potentially constitute a copyright violation. You bear responsibility for the unlawful use of the content in accordance with the international law, the legislation of Hong Kong, of the country of your residence and/or citizenship;
– using software and conducting activities direct at disrupting the normal functioning of the Service or accounts of other users of the Service. This includes, among other things, using robots, bots, “spiders”, search robots, “scrappers”, website scanning applications, proxy-servers, as well as other manual and automated devise, methods or processes for the access to the Service, extraction or indexation of its contents, for reproducing the Service, its design (appearance) and its content, as well as for bypassing its navigation structures;
– abusing confidence, hacking, attempting to acquire access to another registered user’s login and passcode in any manner;
– conducting unlawful personal data acquisition (collecting) and processing;
– using the Service or any other content within the Service for any commercial purpose without our prior written consent;
– placing any other information which according to the personal opinion of the Company is objectionable, does not correspond to the purposes of the Service, infringes the interests of other registered users or for any other reason is undesirable within the Service.
3.10. You hereby confirm, warrant and guarantee that you will refrain from uploading, storing, posting, distributing, granting access to or otherwise using any information the subject or the purpose of which is:
– advertisement of your goods and/or services or of any third party’s goods and services, unless it is specifically pre-approved by us;
– services of erotic nature;
– services of storing, transporting, manufacturing, processing of narcotics, precursors thereof, psychoactive substances or analogues thereof, as well as to the purchase, storage, transporting plants containing narcotic substances or psychoactive substances or parts of such plants containing narcotic substances or psychoactive substances;
– services of arranging prostitution, enticing or involving persons in prostitution;
– services supporting any military activities regardless of the party of the conflict or the form of such support (humanitarian support, supply of arms, means of communication, medication, etc.);
– gambling, including lotteries, services of betting offices, bookies and totes;
– forex, binary auctions, bitcoin and other cryptocurrencies or tokens based on blockchain;
– services pertaining to posting (placing) data or materials discrediting the honor and dignity of a person, infringing upon one’s privacy or confidentiality of correspondence;
– services related to producing, using and/or distributing harmful software;
– any other services limited in circulation in accordance with the legislation of Hong Kong, your country of residence and/or citizenship and/or with the provisions of international law.
3.11. Additionally, while interacting with other registered users of the Service you are prohibited from:
– conducting any actions which may be in violation of the legislation of The Russian Federation for Russian users, for all other users is Hong Kong (previously) or your country of residence and/or citizenship, and/or in violation of the provisions of international law;
– uploading, sending, transferring or posting in any manner any promotional information, spam, pyramid schemes, chain letters (letters of happiness);
– uploading, sending, transferring or posting in any manner any materials which are illegal, harmful, threatening, insulting to morality, defamatory, violating intellectual rights, promoting hatred and/or discrimination based on race, ethnicity, gender or social standing;
– uploading, sending transferring or posting in any manner any materials which may infringe or encroach on the rights of the third parties;
– uploading, sending transferring or posting in any manner any overtly sexual content or your personal sexual preferences;
– sending and/or transferring in any manner to the other registered users of the Service any messages containing or pertaining to harassment, threats or intimidation;
– uploading, sending transferring or posting in any manner any content containing elements of violence or cruelty, as well as any materials propagating violence in any shape of form including threats and/or incitement to terrorism.
3.12. While interacting with other registered users within the framework of the Service in any way as well as while interacting with any users outside of the Service (including interaction in person), we strongly recommend:
– getting to know the other users within the Service a little bit better, including by means of audio- and video-calls so as to decrease the risks of encountering a malefactor;
– refraining from providing your personal data;
– refraining from transferring money or sharing your bank details.
Do not hesitate to send us any complaints using the functions of the Service if you feel like the other registered user of the Service is acting suspiciously and/or offensively.
If you wish to meet another user living in a different country, you must take into consideration the possible cultural differences. Therefore, try to study the culture of the country from which that person originates. This may help understanding that person’s expectations from your interaction.
When meeting people in real life we strongly recommend informing your friends and relatives about such meetings beforehand and to proceed with such meetings in public places. You can always inform your friends and relatives about any unpleasant incidences by any means including the functions of the Service.
We also warn you against leaving your drinks and personal belongings unattended, and we also suggest that you keep your alcohol and drugs (should consumption thereof be legally allowed) consumption to a moderate level.
Please be noted that using the Service does not mean that the other registered users will fulfill your wishes, sleep with you or provide you with whatever it is you wish for. Any user of the Service may at any given time say “no”. Consent, especially in sexual matters, is crucial. This applies to any area from desires to information – if any registered user does not wish to share, it is their right not to. If a person is uncomfortable, is in doubt or is not capable of thinking clearly due to the effects of drugs or alcohol, do not force them and stop.
3.13. You hereby confirm, warrant and guarantee that you shall refrain from stalking another person for the purposes of trying to continue interacting with them if they have expressly asked you to end your interaction.
3.14. You understand and agree that we have the rights to monitor and check any content you upload to the Service. We have the right (without obligation) to completely or partially delete any content which may according to our opinion be in breach of the present Agreement or cause damage to the reputation of the Service.
If you believe that any user content posted within the Service is false, offensive, insulting, obscene, unlawful, misleading or otherwise not compliant with the present Agreement, you may notify us via email specified in clause 1.1. of the present Agreement. Upon receiving personal complaints regarding user content we examine such user content and then resolve whether to delete or to edit such content.
3.15. Please be noted that the Company has the right to receive, store, retain and disclose to third parties information regarding your account and the content you upload to the Service, your personal correspondence with the other registered users of the Service and the contents thereof if it is required in accordance with the legislation or for the purposes of fulfilling our obligations to you under the present Agreement, if the Company believes in good faith that such access, storage, retention or disclosure are conducted on a legal basis for the purposes of: implementation of a court ruling; securing the fulfillment of the present Agreement; satisfying a claim stating that some content encroaches on third parties’ rights; reacting to your application to the customer support service; protecting the rights, property or security of the Company’s or another party’s personal property.
3.16. In order to prevent the use of your content outside of the Service you hereby grant us the right to act on your behalf in relation to unlawful use of your content extracted from the Service by the other registered users or other parties. This is a direct authorization (without obligation) to send notices in accordance with 17 U.S.C. § 512(c)(3) (i.e. Digital Millennium Copyright Act claims) on your behalf if your content has been extracted from and used by third parties outside of the Service. The permission to use your content granted to us is subject to the applicable law (e.g. personal data protection regulation to the extent in which any content is deemed to contain personal data in accordance with such regulation) and shall apply exclusively for the purposes of securing the functioning, development and enhancement of the Service and providing the appropriate services as well as for the purposes of research and development of new services.
3.17. You also may notify the Company if you notice materials which, according to your opinion, belong to you or a third party, and the uploading of such materials infringes or supposedly infringes your copyright or other intellectual property rights or the intellectual property rights of a third party.
The notices shall be sent to the postal address specified in the present Agreement. Such notices shall contain the following information:
– your contact details, including your postal address, phone number and email address;
– electronic or physical signature of the person authorized to represent the rightholder of copyright or the other intellectual property right in question;
– a description of the work of art or the other intellectual property the rights to which may have been infringed;
– the name of the website where the materials supposedly infringing your rights are contained;
– description of the part of the Service where the materials in question are located;
– your notice that:
o you believe in good faith that the use of the materials in a manner to which the notice pertains is not allowed by the rightholder, its agent or representative or by the applicable legislation;
o being aware of the liability for knowingly providing false information, you confirm that the information contained within your notice is accurate and that the opinion expressed by that notice is formed in good faith, and that you are the rightholder of the intellectual property rights in question or that you have been authorized to act on behalf of such a rightholder in writing.
3.18. We retain the right to reveal your identity to any third party which states that the use of any content you have placed or uploaded to the Service constitutes an infringement of their intellectual property rights, an encroachment on their privacy or a violation of any other law.