BluuBeam

Terms and Conditions

By purchasing and using BluuBeam you agree to the following terms and conditions. In these Terms and Conditions Hardware refers to Beacons and or Beams. We or us refers to BluuBeam LLC and it's members subsidiaries and investors. You refers to clients using BluuBeam products.



1.  Hardware
1.1 BluuBeam hardware (beacon or Beam) belongs to BluuBeam LLC. If you loose the BluuBeam hardware you will need to pay a replacement fee for it and we will ship you a new BluuBeam. Please contact us by emailing info@bluubeam.com for current replacement fee. The fee will never be more than a new license fee. If you choose not to renew your license then you agree to return the BluuBeam beacon in good condition.
1.2 After receiving your hardware you agree to check that you have received all items on the provided packing list. If you are missing any hardware or you didn't receive a packing list, you agree to contact us and make us aware within 5 days of receipt. If no notification is made we both assume that the delivery was made complete and you are in possession of all items noted on the packing list.
1.3 You agree that your purchase of BluuBeam is intended for use as designed by BluuBeam and you are not purchasing BluuBeam for any kind of competitive research and you agree to be bound by a full non-compete agreement with BluuBeam.


2.  Content
2.1 You are responsible for the content being displayed by BluuBeam. Please protect your username and password to ensure that no one who isn’t authorized to change content can.
2.2 When uploading images you agree that you are either the owner of said images or have optioned permission to use images. You agree not to infringe on any copyright.
2.3 BluuBeam periodically reviews Beams and uses the created message in "Featured Beams" emails.  By default you consent to the use of content created by you for these purposes.  You can opt out by sending an email to info@bluubeam.com and requesting not to be included.  Opting out will remove you from any future emails.  Emails are posted to our Facebook page and any previously sent emails won't be deleted.
2.4 You agree that you won't post any messages that are considered to be offensive because of racism, sexual content, or any other offensive messages or links to offensive websites.
2.5 If you do post offensive messages, the first time you will be notified and we will delete the message.  The 2nd time we will suspend delete the message and suspend your account for 15 days.  If after you post an offensive message a 3rd time your account will be cancelled and considered in breach of our terms and conditions.  No refund will be issued.
2.6 You agree that your purchase of BluuBeam is intended for use as designed by BluuBeam and you are not purchasing BluuBeam for any kind of competitive research and you agree to be bound by a full non-compete agreement with BluuBeam.
2.7 You agree that you are purchasing BluuBeam for use at a cultural institution defined by BluuBeam as a Library, Museum, School, or Zoo.  If you use BluuBeam in a venue other than those defined by BluuBeam as a cultural institution, BluuBeam reserves the write to deactivate your account and pursue legal action for correction of damages.


3.  DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
3.1 BLUUBEAM SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BLUUBEAM SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BLUUBEAM LLC. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF BLUUBEAM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BLUUBEAM LLC. SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, BLUUBEAM LLC. HARDWARE, AND BLUUBEAM SOFTWARE
3.2 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BLUUBEAM LLC., OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
3.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
3.4 NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.


4.  Intellectual Property
4.1 Copyright. United States and international copyright, trade secret or other intellectual property laws and treaties protect service, including all content and software provided on the BluuBeam LLC customer portal and mobile applications.
4.2 Trademarks. BluuBeam is a registered trademark of BluuBeam LLC., Inc. For information on use of BluuBeam trademarks send an email to info@bluubeam.com
4.3 You agree that BluuBeam services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of BluuBeam services. No portion of BluuBeam may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on BluuBeam, in any manner, and you shall not exploit the BluuBeam services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the BluuBeam services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that BluuBeam is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of BluuBeam services.
4.4 You agree that you are not purchasing BluuBeam for any kind of competitive research and you agree to be bound by a full non-compete / non disclosure agreement with BluuBeam.


5.  Terms & Pricing
5.1 Price is per 12 month period. Fee is for license of software. Hardware is provided without cost to customer during the 12 month period and must be returned if customer does not renew license.
5.2 Twelve month period will automatically renew 1 year from previous invoice date. BluuBeam will supply new batteries for the new 12 month period. If you don’t wish to renew, you must notify us in writing 60 days prior to your renewal date. You must return all hardware to BluuBeam. You can notify us by sending an email to info@bluubeam.com.
5.3 BluuBeam reserves the right to change price without notice.  However is we change the price within your twelve month period we will honor your original price when you renew unless we notify you 60 days prior to your renewal date.  

6.  Governing Law
6.1 Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions.
6.2 You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

7.  Changes to BluuBeam Terms and Conditions
7.1 BluuBeam may, from time to time, change these Terms and condition.
7.2 If you do not agree with changes made to BluuBeam Terms and conditions you must notify BluuBeam LLC within 30 days of any changes to our Terms and Conditions. You can do so by emailing info@bluubeam.com
7.3 If you would like to be notified of any changes please send an email to info@bluubeam.com requesting to be added to our T&C changes email list.