This page was last updated on 02/06/2020 (2nd June 2020)

1. Introduction; Your Agreement to these Terms of Service

PLEASE ENSURE YOU READ THESE TERMS OF SERVICE CAREFULLY AS THIS IS A BINDING CONTRACT. We would like to welcome you to the services operated by Beathubz (hereby also referred to as “we”). Our main streaming platform can be found at https://beathubz.com, our help platform can be found at https://help.beathubz.com and our stores can be found at https://shop.beathubz.com. This document will cover all Beathubz services across our platforms, including our mobile application.

Beathubz is a trading name of Beathubz (Global) Ltd. Registered in England and Wales with company number 12681576 and registered address 13-14 Hilsea Market, London Road, Portsmouth, PO29RA.

When you are using the Beathubz services, you will be subject to the Beathubz Community Guidelines and any additional guidelines or rules that are posted on the Beathubz services, made available to you, or disclosed to you in connection with specific services and features. Beathubz may also offer certain paid services, which are subject to the Beathubz Terms of Sale as well as any other terms and conditions which are disclosed to you in connection with such services.

The terms of service apply whether you are a user that registers an account with the Beathubz services or an unregistered user (also referred to as a ‘Guest’). You agree that by clicking “Sign Up” or otherwise registering, downloading or accessing the Beathubz services you are entering a legally binding agreement between you and Beathubz regarding your use of the Beathubz services. You acknowledge that you have read, understood and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Beathubz services.

When using Beathubz or registering an account on behalf of a company, entity or organization (collectively; “Subscribing Organisation”), you represent and warrant that you: (1) are an authorized representative of that Organisation with the authority to bind that organisation to these Terms of Service and grant the licenses set forth herein; and (2) agree to these Terms of Service on behalf of such Subscribing Organisation.

2. Age Restrictions and Blocked Persons

The Beathubz services are not available to anyone under the age of 16. If you are below this age then the services must be used with the supervision of someone over the age of 16 who agrees to be bound by these Terms of Service.

The Beathubz services are also not available to any users previously removed from the Beathubz services by us.

BY DOWNLOADING OR USING THE BEATHUBZ SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 16 YEARS OF AGE AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE BEATHUBZ SERVICES.

3. Privacy Notice

Your privacy is important to us. Please see our Privacy Notice for information relating to how we collect, use and disclose your personal information.

4. Account

In order to open an account, you will be asked to provide us with certain information such as an account name, password and email address.

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Beathubz upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

Unless expressly permitted in writing by Beathubz, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Beathubz reserves all available legal rights and remedies to prevent unauthorized use of the Beathubz Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

5. Use of Devices and Services

Access to the Beathubz Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Beathubz Services.

6. Changes to these Terms of Service

Beathubz may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Beathubz Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

7. User Content

Beathubz allows you to distribute streaming live and pre-recorded audio-visual works; to use services, such as chat, bulletin boards, forum postings, wiki contributions, and voice interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Beathubz Services (“User Content”).

a. License to Beathubz

(i) Unless otherwise agreed to in a written agreement between you and Beathubz that was signed by an authorized representative of Beathubz, if you submit, transmit, display, perform, post, or store User Content using the Beathubz Services, you grant Beathubz and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Beathubz Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Beathubz and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

{ii} With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Beathubz Services, or generally by closing your account, except:(a) to the extent you shared it with others as part of the Beathubz Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) Beathubz used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.

b. Content is Uploaded at Your Own Risk

Beathubz uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Beathubz does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Beathubz shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Beathubz for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY BEATHUBZ HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

c. Promotions

Users may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Beathubz Services (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules: (1) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. Beathubz has the right to remove your Promotion from the Beathubz Services if Beathubz reasonably believes that your Promotion does not comply with the Terms of Service or applicable law; (3) Beathubz is not responsible for and does not endorse or support any such Promotions. You may not indicate that Beathubz is a sponsor or co-sponsor of the Promotion (unless otherwise specified); and (4) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Beathubz does not sponsor or endorse this promotion and is not responsible for it.”.

d. Political Activity

Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.

You agree not to solicit the use of or use any Beathubz monetization tool (e.g., Subscriptions or Donations) for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election. Candidates for political office are not eligible to use any Beathubz monetization tool on their channels.

8. Prohibited Content

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Beathubz Services.

You agree that you will comply with these Terms of Service and Beathubz’s Community Guidelines and will not:

i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Beathubz Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Beathubz Services; or perform any other similar fraudulent activity;

iii. send junk mail or spam to users of the Beathubz Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;

iv. harvest or collect email addresses or other contact information of other users from the Beathubz Services;

v. defame, harass, abuse, threaten, or defraud users of the Beathubz Services, or collect or attempt to collect, personal information about users or third parties without their consent;

vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Beathubz Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Beathubz Services, (c) features that enforce limitations on the use of the Beathubz Services or User Content, or (d) the copyright or other proprietary rights notices on the Beathubz Services or User Content;

vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Beathubz Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

viii. modify, adapt, translate, or create derivative works based upon the Beathubz Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

ix. interfere with or damage the operation of the Beathubz Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

x. relay email from a third party’s mail servers without the permission of that third party;

xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Beathubz, including but not limited to the Beathubz Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Beathubz may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Beathubz, including but not limited to the Beathubz Services;

xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Beathubz Services;

xiii. interfere with or disrupt the Beathubz Services or servers or networks connected to the Beathubz Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Beathubz Services; use the Beathubz Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Beathubz Services, or that could damage, disable, overburden, or impair the functioning of the Beathubz Services in any manner;

xiv. use or attempt to use another user’s account without authorization from that user and Beathubz;

xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Beathubz Services that you are not authorized to access;

xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

xvii. use the Beathubz Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

To the extent permitted by applicable law, Beathubz takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Beathubz liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Beathubz Services. Your use of the Beathubz Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Beathubz Services will not contain any content that is prohibited by such rules.

Beathubz is not liable for any statements or representations included in User Content. Beathubz does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Beathubz expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Beathubz reserves the right to remove, screen, or edit any User Content posted or stored on the Beathubz Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Beathubz Services at your sole cost and expense. Any use of the Beathubz Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Beathubz Services.

9. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Beathubz or its employees, you acknowledge and agree that Beathubz shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

10. Termination

To the fullest extent permitted by applicable law, Beathubz reserves the right, without notice and in our sole discretion, to terminate your license to use the Beathubz Services (including to post User Content) and to block or prevent your future access to and use of the Beathubz Services, including where we reasonably consider that: (a) your use of the Beathubz Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Beathubz Services; or (c) we are unable to continue providing the Beathubz Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Beathubz Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Beathubz in operating the Beathubz Services, or (iv) any content or information transmitted through the Beathubz Services, is to terminate your account and to discontinue use of any and all parts of the Beathubz Services.