AGREEMENT BETWEEN USER AND BEYOND IMAGINATION, INC.

TERMS OF USE

 

The Beyond Imagination, Inc. (“Beyond”) Web Site comprises various Web pages operated by Beyond.

The Beyond Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Beyond Web Site constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

Beyond reserves the right to change the terms, conditions, and notices under which the Beyond Web Site is offered, including but not limited to the charges associated with the use of the Beyond Web Site. The terms and conditions herein are the sole means of communication with users with respect to the use of the Beyond Web Site.

 

LINKS TO THIRD PARTY SITES

The Beyond Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Beyond and Beyond is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Beyond is not responsible for webcasting or any other form of transmission received from any Linked Site. Beyond is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beyond of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Beyond Web Site, you warrant to Beyond that you will not use the Beyond Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Beyond Web Site in any manner which could damage, disable, overburden, or impair the Beyond Web Site or interfere with any other party’s use and enjoyment of the Beyond Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Beyond Web Sites. Notwithstanding the foregoing, even if you in some manner obtain access to Beyond Web pages or documents marked with confidentiality notices and designated as not for public distribution, under no circumstances may you retain, make use of or redistribute such documents to other parties.

 

USE OF COMMUNICATION SERVICES

The Beyond Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”); you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, materials or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or allow unauthorized access to another’s computer by third parties.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including but not limited to e-mail addresses, IP addresses, or demographic information, without their express written consent in advance.
  • Violate any applicable laws or regulations.

Beyond has no obligation to monitor the Communication Services. However, Beyond reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Beyond reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Beyond reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Beyond’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Beyond does not control or endorse the content, messages or information found in any Communication Service and, therefore, Beyond specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Beyond spokespersons, and their views do not necessarily reflect those of Beyond.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO BEYOND OR POSTED AT ANY BEYOND WEB SITE

Beyond does not claim ownership of the materials you provide to Beyond (including feedback and suggestions) or post, upload, input or submit to any Beyond Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Beyond, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Beyond is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Beyond’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Additionally, if any of the content included in your Submission is subject to attribution requirements, you are solely responsible for adhering to such requirements, and Beyond disclaims all responsibility for ensuring compliance with or auditing such attribution requirements.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BEYOND WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEYOND AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BEYOND WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BEYOND WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BEYOND AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BEYOND WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEYOND AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEYOND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BEYOND WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BEYOND WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BEYOND WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BEYOND WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEYOND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BEYOND WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BEYOND WEB SITE.

 

SERVICE CONTACT : info@beomni.ai