This Hyperbeam Watch Party Terms of Service and User License ("TOS" or this “Agreement”) governs any access to and use of the applications, services and websites (collectively “Services”) offered or made available by Hyperbeam ("Company" or “we/us”) at https://watch.hyperbeam.com/, or through corresponding sites on social media outlets or through corresponding applications on mobile devices (collectively, the “Site”), and any related applications, forums, services, products and information of Company. This TOS is subject to modification from time to time as described below and You can review the most current version at any time at: https://watch.hyperbeam.com/terms/.

By accessing and/or using the Site or any Services, you (“You”) accept and agree to be bound by, and become a party to, the terms and provision of this TOS. If You do not agree to the terms and conditions of this Agreement or if You are not authorized to enter into or be bound by this Agreement, then do not access or use the Services or Site. This TOS is a legal agreement between You and Company and applies to You whether You are a user of the Site and/or Services, a visitor just browsing the Site, or any other individual or entity accessing or using the Services and/or Site (collectively, "Users"). All access to and use of the Services and the Site by You, including any content, information, products or services therein, is subject to the terms and conditions of this Agreement and conditioned upon You becoming a party hereto.

1. Agreement to Terms

By using the Services, you agree to be bound by this TOS. If you don’t agree to be bound by this TOS do not use the Services. If you are accessing and using the Services on behalf of a company (such as Your employer) or other legal entity, You represent and warrant that You have the authority to bind that entity to this TOS. In that case, “You” and “Your” will refer to that entity.

2. Privacy Policy

Please review our Privacy Policy, currently available at: https://watch.hyperbeam.com/privacy/, which also governs Your use of the Services, for information on how we collect, use and share your information.

3. Changes to this Agreement or the Services

We may update this TOS from time to time in our sole discretion. If we do, we’ll let You know by posting the updated TOS on the Site and/or sending other communications. It’s important that You review this TOS whenever we update it or You use the Services. If You continue to use the Services after we have posted an updated TOS it means that You accept and agree to the changes. If You don’t agree to be bound by the changes, You may not use the Services anymore. Because the Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Services and Site

Provided You comply with and are bound by this Agreement, You may use the Site and Services, subject to and in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations. Your right to access and use the Services and Site is non-exclusive, non-transferable, non-sublicenseable, and fully revocable. Use of any Services that are subject to special registration, restricted access or payment is further subject to the other terms and conditions specified by the Company as applicable to the use of such other Services.

5. Room Creation, Naming and Access

The Services features separate designated areas for chatting called “Rooms”. You agree not to create or name Rooms that (i) violate the trademark, trade name, copyright or other rights of third parties, (ii) are based on indecent, pornographic, illegal or other inappropriate content (unless using any special features permitting “adult” or otherwise prohibited content, in which case you may use such features as permitted), or (iii) otherwise violate the User Conduct rules set out below. You agree to abide by the User Conduct rules set out below in connection with any Rooms You create or in which You participate and You agree not to authorize or encourage other Users to violate such rules. Company reserves the right, in its sole discretion and without obligation, to monitor the creation of Rooms, selection of Room names and conduct within Rooms. Company may, in its sole discretion and at any time for any reason (whether due to violation of this Agreement or otherwise), prevent the creation of any given Room, deny or block the use of any given Room name, change a Room name, or shut down, remove, or deny access to any given Room. Company may also suspend or terminate a User’s account and/or access to the Services at any time and for any reason (or no reason), in its sole discretion. The Services may allow You to share User Content to the Rooms based on Your geolocation.

6. User Accounts

You must be at least 13 years of age or older to sign-up or register for, or install or use, the Services or Site. You must also have a valid email to sign up or register for the Services. When You sign up or register with Company and/or set up your account for the Services, You agree that all information provided to Company upon sign up and/or registration and at all other times through the Site or any Services will be true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of your account information and password. You agree not to (a) use the account, username, or password of another User, or (b) disclose your password to, or share your account with, any third party or allow or authorize any individual or entity to use your account or user ID with Company. You agree to notify Company immediately if You suspect any unauthorized use of your account or access to your password or account. You are solely responsible for any and all use of your account. You may add other users of the Services as a “friend” under your account. By doing so, You give us permission to share with such user certain information about actions you have taken on the Services, such as User Content you have recently uploaded or shared.

7. User Content

The Company Service offers Users the opportunity to share content with each other, generally (i.e., unless otherwise expressly permitted by the Services) in small groups of family, friends, and acquaintances. Company encourages such sharing but prohibits copyright infringement or the infringement of other intellectual property rights through the Company Service. Company respects the copyright and other rights of content owners and requires its Users to do the same when using the Company Service, and has a policy of terminating repeat infringers. Accordingly, You understand that all information, communications, video, music, movies, data, text, software, sound, photographs, graphics, messages or other materials, in any event excluding all Company Materials (as defined below), submitted, shared, posted, uploaded, provided, displayed, transmitted, streamed, broadcast or otherwise made accessible (collectively “Shared”) on, to or through the Site and/or Services ("User Content"), are the sole responsibility of the person from which such User Content originated. You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to Share any User Content You Share on, through or to the Company Service You further agree that User Content You Share on, through or to the Company Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have the necessary permissions from the rightful owner of the material. In particular, and without limitation, before Sharing User Content (such as music or video) through the Services which originates from a third party website, application or service, You must first ensure that You have the right to do so in accordance with the terms and conditions for such website, application or service.

8. User Content

  1. Rights to User Content. You, or a third party licensor, as appropriate, retain any intellectual property rights in the User Content You Share on, through or to the Services. Subject to the restrictions described in the Privacy Policy below, by Sharing User Content on to, or through the Services, You grant Company, under all intellectual property rights in, to and under such User Content, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable and transferable license to distribute, reproduce, modify, sell, perform, transmit, publish and display and otherwise use such User Content in, to or with the Services and/or the Site and associated businesses of the Company (as well as any services or sites which incorporate or are successors to the Services and/or the Sites). Without limiting the foregoing, Company may use your User Content (including screen shots thereof) for product improvement, product development, marketing, promotion and publicity purposes. You also hereby grant each User a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services under this Agreement. You understand and acknowledge that any User Content You Share will not be kept confidential.
  2. Removal of User Content and Cessation of Content Sharing. Company reserves the right to remove, delete, block, edit or modify any User Content or suspend or stop the Sharing of User Content at any time, without prior notice and at in its sole discretion for any reason or no reason. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
  3. Monitoring. You understand that by using the Services, You may be exposed to User Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate. Under no circumstances will Company be liable in any way for (and You release Company from, and waive any rights to bring or assert any claims for, any liabilities arising from) any User Content, including any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of or reliance upon any User Content. You may not use User Content that is Shared on, through or to the Services or Site in a manner that exceeds the rights granted for your use of such User Content, which includes unauthorized copying, display, use or distribution of the User Content or creating an unauthorized derivative work.
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