Terms of service

Definitions

In these Terms following terms have the following meanings:

“App” the BEEM App;

“Broadcaster” a User who uploads Content on the App to be viewed by other Users;

“Chargeback” a demand by a credit-card provider for HoloMe to make good the loss the credit card provider has incurred because the User has without justification disputed a purchase for which the User paid for using the User’s credit card;

"Commission" the amount calculated as a percentage of the revenue paid by Users to view a Broadcaster’s User Content or to use the Viewer Interaction;

“HoloMe” means HoloMe Technologies Limited, with company registration number: 10829904 and registered address: 3rd Floor News Building, 3 London Bridge Street, London, SE1 9SG.

“BEEM” the social network of Users operating on the App which enables Users to provide and view User Content and where appropriate, utilise Viewer Interaction;

“Payment Provider” any third party approved by HoloMe which enables a User to make payments or a Broadcaster to receive;

“Refund” the return of monies to a Viewer after a bona fide dispute, often issued prior to a chargeback;

“Revenue” the monies paid by a Viewer to HoloMe to view Broadcaster Content or to use Viewer Interaction;

"User" any user of the App, whether a Broadcaster or a Viewer;

“User Account” the section on the App which can only be accessed by HoloMe or the User which details the users details;

"User Content" any and all photos, videos and other material uploaded onto the App by a Broadcaster; 

“Viewer Interaction” any functionality offered by a Broadcaster as part of that Broadcaster’s User Content which allows a Fan to interact with (as opposed to just view) the User Content and or the Broadcaster;

“Viewer” a User who subscribes to Broadcaster’s channel and views that Broadcaster’s User Content.

About
  1. The App is a social media application service which allows Broadcasters to create a profile and share live and prerecorded augmented reality content for a set monthly subscription price payable by other Users who wish to view their User Content and thereby generate revenue. BEEM is operated by HoloMe.
  2. These Terms govern your use of the App, including any content, functionality, and services offered on or through the App. By registering with and using BEEM, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms of Service, you must not access or use the App.
  3. Any information given on the App including responses to “frequently answered questions” is not legally binding on HoloMe is informative only and does not form part of the Terms.
  4. The App is only offered and available to Users who are 12 years of age or older. By using the App, you represent and warrant that you are 18 years of age, that you are of legal age to form a binding contract with HoloMe. If you do not meet all of these conditions, you must not access or use the App.
  5. HoloMe reserves the right to make changes to these Terms at any time and at HoloMe’s sole discretion. All changes are effective immediately from the time HoloMe posts them, and apply to all access to and use of the App thereafter. By continuing to use BEEM, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
  6. By using BEEM you consent to receiving communications from HoloMe electronically, including emails and messages posted to your BEEM account, all as more fully detailed in the Privacy Policy (available here). You acknowledge and agree that all communications that HoloMe sends to you electronically satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications from HoloMe, please email legal@holo.me, notifying HoloMe of the withdrawal of your consent.
  7. HoloMe does not own User Content on BEEM and views expressed by Users on BEEM do not represent HoloMe’s views. All transactions and interactions regarding User Content on BEEM are between Users. Except when HoloMe acts as the agent of a Broadcaster to receive payment for the Broadcaster from a Viewer (as further described in clause 1.8), at no point will HoloMe be a party to or be responsible for any transaction or interaction between Users.
  8. Where HoloMe receives payment from a Viewer to view User Content uploaded by a Broadcaster, HoloMe receives such payment on behalf of the Broadcaster and not the Viewer. On receipt of payment by HoloMe the Broadcaster shall have no right of action against the Viewer for non-payment and the Broadcaster shall be obliged to allow the Viewer to view the User Content or to use Viewer Interaction. Section 4 further describes the payment process. 
  9. HoloMe reserves the right at any time and without notice to:
    - modify, suspend or terminate BEEM or any portion thereof; 
    - restrict, limit, suspend or terminate your access to BEEM or any portion thereof; 
    - delete any content you post on BEEM as a Broadcaster if in HoloMe’s reasonable opinion it does not comply with these Terms and/or any applicable law;
    - monitor your use of BEEM (including any content or message you post or broadcast on BEEM) to verify compliance with these Terms and/or any applicable law;
    - investigate any suspected or alleged misuse or unlawful use of BEEM and cooperate with law enforcement agencies in such investigation;
    - disclose information about your use of BEEM in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
    - change the Payment Providers. If HoloMe does this then HoloMe will use its reasonable endeavours to verify the bona fides and good standing of the new Payment Provider and notify the User and applicable details will be uploaded to the User Account.
  10. From time to time, HoloMe may restrict access to some parts of the App, or the entire App, to Users.
How It Works
  1. BEEM is a social media platform that lets you create a User proHoloMee, which in turn allows you to:
    - upload User Content to be viewed by other Users or Viewer Interaction to be used by other Viewers; and/or
    - pay to view another User’s User Content or use another User’s Viewer Interaction.
Account Registration
  1. To become a User you must register and create a User Account on BEEM. You must provide a valid email address, a username, and a password or a valid Twitter account. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete.
  2. You agree that all information you provide as a User or otherwise, including but not limited to information provided through the use of any interactive features on the App, is governed by the BEEM Privacy Policy and you proceed on the basis that you are aware of how and why HoloMe process your personal data, as is set out in HoloMe’s Privacy Policy.
  3. If you wish to view User Content you will need to provide details of a payment card to a Payment Provider. Your payment card information is stored by the Payment Provider.
  4. If you elect to input two or more payment card details onto your User Account if payment of the Revenue from the first card is rejected because the payment card is no longer valid then the other payment card(s) will be used to collect full payment of the Revenue.
  5. If you are a Broadcaster, amounts due to you as a Broadcaster from Viewers will be paid to you by our Payment Provider.
  6. By registering on BEEM, you confirm that:
    - all User Account registration and proHoloMee information is truthful and accurate and that any User Content you provide is your own and does not infringe the intellectual property rights or any other proprietorial rights of a third party;
    - if you previously had a User Account with BEEM, your old User Account was not terminated or suspended by HoloMe for violation of the Terms of Service;
    - you register on BEEM for your own personal use and you will not sell, rent or transfer your User Account to any third party; and
    - HoloMe reserve the right, at any time, to verify the information which you provide to HoloMe as well as your compliance with the Terms. If HoloMe is unable to verify this then HoloMe reserve the right to suspend your account.
    - you will not use any third party payment processors to accept payments for subscriptions, or any other service, via BEEM.
  7. You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify HoloMe a support@holo.me if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
  8. HoloMe reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by HoloMe, at any time and at HoloMe’s sole discretion for any or no reason, including if, in HoloMe’s opinion, you have violated any provision of the Terms.
Subscriptions, Purchases and Payment of Revenue
  1. HoloMe will procure that Payment Providers ensure that Broadcasters will receive any payments due from Viewers. This may be a percentage of Revenue generated by Viewers paying to view User Content uploaded by you or use Viewer Interaction.
  2. In order to view User Content or utilise Viewer Interaction on BEEM, you must first add a payment card to your account and then click to buy a ticket or subscribe to the relevant Broadcaster’s channel. Your payment card details will be passed to a Payment Provider to take payment from your payment card and pay it into HoloMe’s account.
  3. Depending on your use of BEEM, the Payment Provider will take monthly payments or will take payments for ad hoc purchases such as an event or Viewer Interaction. However, you may cancel the monthly payments at any time by turning off the 'Auto-Renew' switch located under the relevant Broadcaster’s User Content by contacting HoloMe at support@holo.me. If you cancel your monthly payments you will continue to be permitted to view the Broadcaster's User Content until the end of the existing billing period, after which no further payments will be taken from your payment card and you will no longer be able to view the relevant Broadcaster’s User Content.
  4. HoloMe receives the payments and holds the Commission on behalf of the relevant Broadcaster, and not on your behalf as a Viewer. Once HoloMe has received payment from you as a Viewer you have no further liability to the relevant Broadcaster and the Broadcaster shall allow you as a Viewer to view the User Content or utilise Viewer Interaction.
  5. HoloMe will take payment of the Revenue from the Viewer and hold the Commission in HoloMe’s capacity as the agent for the Broadcaster.
  6. All payments to view User Content or utilise Viewer Interaction are final and non-refundable. If HoloMe is alerted that a Viewer has sought and received a refund or chargeback, HoloMe will take additional actions. Any purchase of the right to view User Content or to use Viewer Interaction which is subsequently subject to a Refund or Chargeback may result in the User’s account being immediately and permanently excluded from BEEM. The Refund or Chargeback amount may be removed from the earning Broadcaster's income. The Broadcaster may be alerted to the Viewer Refund or Chargeback.
Account Deactivation
  1. Should you wish to deactivate your BEEM membership then you may do so in your User Account section.
  2. If you are a Viewer then any account deactivation will take place as soon as reasonably possible. You will no longer be charged or have access to Broadcaster Content or Viewer Interaction. Any subscriptions will be deleted and cannot be subsequently renewed.
  3. If you are a Broadcaster then you can only deactivate your membership when your last Viewer Subscription has expired, and you have withdrawn any balance on your account.
  4. If a User is both a Broadcaster and a Viewer then the account will be deactivated in two stages (Viewer and then Broadcaster).
  5. You will receive an email confirmation upon the successful deletion of your account.
Intellectual Property Rights
  1. Other than User Content, the App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by HoloMe, HoloMe licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App, except Broadcaster Content. 
  3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms, your right to use the App will end immediately and you must, at HoloMe option, return or destroy any copies of the materials you have made.
  4. Other than User Content, no right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by HoloMe. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
  5. The BEEM name, logo and all related names, logos, product and service names, designs, and slogans are owned by HoloMe. You must not use such marks without HoloMe prior written permission. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
Licence
  1. Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use the App for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by HoloMe at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of BEEM other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by HoloMe.
  2. HoloMe does not warrant that BEEM is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not BEEM is compatible with your device.
Acceptable Use
  1. HoloMe requires that all Users respect and comply with these Terms below, at all times, when using BEEM.
  2. You may not:
    - use BEEM other than for your own lawful and personal use in accordance with these Terms;
    - impersonate HoloMe, one of HoloMe employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent any afHoloMeiation, endorsement, sponsorship between you and HoloMe and/or any other person or entity;
    - falsify account registration information, or make unauthorized use of another's information or content;
    - use BEEM in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
    - copy, reproduce, distribute, modify, or create derivative works from, any portion of BEEM without HoloMe express written permission;
    - use BEEM for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
    - transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
    - engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by HoloMe, may harm HoloMe or Users of the App or expose them to liability;
  3. You shall not create, upload, post, display, publish or distribute User Content that:
    - is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions;
    - violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
    - promotes or advertises escort services;
    - promotes or advertises firearms or other weapons, drugs, or drug paraphernalia;
    - promotes any illegal activity, or advocates, promotes, or assists any unlawful act;causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
    - involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
    - gives the impression that it emanates from or is endorsed by HoloMe or any other person or entity, if this is not the case.
  4. You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own.
  5. You shall not use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
  6. You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of BEEM.
  7. You shall not interfere in any way with the operation of BEEM or any server, network or system associated with BEEM, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access.
  8. You shall not use BEEM for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes;
  9. You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access BEEM or any server, network or system associated with BEEM, or to extract, collect, harvest or gather content or information from BEEM.
  10. You shall not make any other use of BEEM that violates these Terms or any applicable law.
  11. Any content posted that is reported by another User or BEEM, and that is deemed unacceptable by HoloMe, will be deleted and the User notified via email. Users who repeatedly violate HoloMe Acceptable Use policy may be deactivated. If HoloMe becomes aware that a User is underage, HoloMe will promptly deactivate that User's account and delete all information and content of that User from BEEM. If you are a parent or legal guardian and become aware that your minor-child has registered on BEEM, please immediately notify HoloMe at support@holo.me.
  12. By registering an account with BEEM, you represent and warrant that:
    - you are at least 12 years of age;
    - you will fully comply with these Terms;
    - you accept full responsibility for the use of BEEM on any device, whether or not it is owned by you;
    - you accept full responsibility for any User Content created or provided by you; and
    - your use of BEEM will not violate these Terms or any applicable law.
  13. If you are using BEEM on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in or entailed by these Terms and that you are authorised to bind the business or other entity to these Terms.
User Content
  1. By creating and publishing User Content on BEEM, you authorize your Viewers to access and view (without downloading or copying) your User Content on BEEM for their own lawful and personal use. You also represent, warrant and undertake that for each submission:
    - you own, have a valid licence to, or otherwise control all rights in and to your User Content;
    - to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content;
    - you will not post any content depicting any person under 18-years old,
    - you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
    - your User Content is non-confidential and will be made available to your Viewers on BEEM.me.
  2. You grant HoloMe and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our App. We will never sell your content to other platforms.
  3. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  4. You shall indemnify HoloMe, HoloMe’s licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
  5. HoloMe is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the App.
  6. Upon signing up to BEEM.me, you also agree to act as custodian of records for the content that you upload to BEEM.me.
  7. Any questions regarding User Content can be addressed by emailing support@holo.me.
Data Protection
  1. By accepting the Terms, you acknowledge and understand that HoloMe: 
    - will collect, hold and otherwise process data relating to the User including "sensitive personal data" and/or "special categories of data" as defined in the Data Protection Act 1998 and (from 25 May 2018), the General Data Protection Regulation (including any implementing law in the UK) (“the DP Laws”) (collectively the Viewer's "personal information");
    - will disclose the Viewer's personal information to other third parties; and
    - may transfer the Viewer's personal information to such other third parties within and outside of the European Economic Area ("EEA"),in accordance with the DP Laws. 
  2. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Disclaimer of Warranties; Limitations of Liability
  1. By using BEEM, you acknowledge and agree as follows:
    - BEEM and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, HoloMe disclaim any and all warranties, express or implied, with respect to BEEM and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. HoloMe does not warrant or guarantee the accuracy, usefulness, completeness or reliability of BEEM, or the results of your use of BEEM. HoloMe disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents. HoloMe also do not warrant or guarantee that BEEM and all of its services and features will be available at any particular time or location; that BEEM and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that BEEM and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data. To the fullest extent provided by law, HoloMe will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the App or any services or items obtained through the App or to your downloading of any material posted on it, or on any App linked to it. Your use of BEEM and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
    - HoloMe does not warrant or guarantee that use of the App will be uninterrupted or error free twenty-four hours a day, seven days a week, since HoloMe may need to carry out maintenance of the App from time to time. However, HoloMe will use its reasonable endeavours to carry out any such maintenance of the App outside of business hours (between 09:00 and 17:00 UK time) and HoloMe will endeavour to give reasonable notice, however this may not always be possible;
    - in no event shall HoloMe be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) BEEM or any of its services or features, nor shall HoloMe be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact HoloMe at support@holo.me and HoloMe will seek to prevent continuance of such distribution where HoloMe is reasonably able to do so; and
    - in no event shall HoloMe total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) BEEM or any of its services or features, exceed one hundred pounds sterling (£100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
  2. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) BEEM or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00).
User indemnification
  1. By using BEEM, you agree to indemnify and hold harmless HoloMe and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
    - your use of BEEM or any of its services or features;
    - any User Content created, published, or otherwise made available on BEEM by you;
    - any transaction or interaction between you and any other User of BEEM; and/or
    - your violation of the Terms or any applicable law.
  2. Notwithstanding HoloMe’s appointment as the Broadcaster’s agent to pay the Broadcaster Commission, HoloMe, the Viewer and Broadcaster are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a User fail to meet those obligations then the User shall indemnify HoloMe for any loss or expense, including management time that is as a consequence incurred by HoloMe.  
Links from the App
  1. If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. HoloMe has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Apps linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps.
Governing Law and Dispute Resolution
  1. You and HoloMe agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and HoloMe concerning BEEM or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.
  2. Except where prohibited by applicable law, any claim or cause of action by you concerning BEEM or arising out of or related to these Terms must be HoloMeed within one year after such claim or cause of action arose, or be forever barred.
Waiver and Severability
  1. No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
General
  1. The Terms constitute the sole and entire agreement between you and HoloMe regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
  2. The Contracts (Rights of Third Parties) Act 1999 is excluded.
Contact
  1. If you have any questions, comments, complaints or concerns about BEEM, please contact our support team at support@holo.me.