Beam Center User Agreement

User Agreement

Last Updated: November 9, 2022

Beam Center Inc. (the “Beam Center”, “we”, or “us”) provides the website www.beamcenter.org (the “Site”). By using the Site, you agree to follow the rules set forth in this User Agreement (the “Agreement”). Please read this User Agreement, including the Privacy Policy, which is incorporated in this Agreement. If you do not agree to the rules of the Agreement, you may not use the Site.

This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Site and/or otherwise making you aware of the changes. Your continued use of the Site following our notice of changes to this Agreement means you accept the new rules. 

Important Notices

​While we make reasonable efforts to ensure that the Site remains available at all times, we do not represent or warrant that access to the Site will be error-free or uninterrupted, and we do not guarantee that you will be able to access or use the Site, or its features, at all times. ​

Rules of Conduct

Your use of the Site is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You agree that you will not violate any applicable law or regulation in connection with your use of the Site. 

You agree not to distribute, upload, make available or otherwise publish through the Site any content or submissions that:

  • is unlawful or unethical, or that encourages another to engage in anything unlawful or unethical;

  • contains a virus or any other similar programs or software which may damage the operation of our or another’s computer(s);

  • violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or

  • is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

You further agree that you will not do any of the following:

  • modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site; 

  • interfere with or disrupt the operation of the Site, including restricting or inhibiting any other person from using the Site by means of hacking or defacing;

  • transmit to or make available in connection with the Site any denial-of-service attack, virus, worm, Trojan horse or other harmful code or activity;

  • use any means to crawl, scrape or collect content from the Site via automated or large group means;

  • submit, post or make available false, incomplete or misleading information to the Site, or otherwise provide such information to us;

  • access any portion of the Site that is not public or attempt to override any security measures in place on the Site.

We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Site, restricting your ability to upload submissions or content, immediately terminating your use of the Site, or terminating your use of the Site by blocking certain IP addresses from accessing the Site. Notwithstanding the foregoing, our unlimited right to terminate your access to the Site shall not be limited to violations of these rules of conduct.

Content Submitted or Made Available to Us

You are under no obligation to submit anything to us or through use of the Site, and unless otherwise noted, we will not claim ownership of any submitted content. However, in order for us to provide the Site, we need your permission to process, display, reproduce, create derivative works, and otherwise use the submitted content that you make available to us, if any. Therefore, if you choose to submit any content through or on the Site, or otherwise make available any submissions through the Site, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such submission, including without limitation distributing part or all of the submissions in any media format through any media channels.

​By submitting any content to us you hereby agree, warrant and represent that: (a) the content do not contain proprietary or confidential information, and the provision of the content is not a violation of any third-party’s rights; (b) all such content are accurate and true; (c) we are not under any confidentiality obligation relating to the content; (d) we shall be entitled to use or disclose the content in any way, to the maximum extent permissible under applicable law; and (e) you are not entitled to compensation or attribution from us in exchange for the content.

You acknowledge that we are under no obligation to maintain the Site or other matter you submit, post or make available to or on the Site. We reserve the right to withhold, remove and or discard any such material at any time.

Content Shared Through the Site

You understand that by sharing information on the Site, by participating in the Site, and by requesting information to be sent through, or downloading information from, the Site, you may be revealing information about yourself or the entity that you represent that may include financial, credit, or similar information. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Site, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct. 

Our Intellectual Property

You acknowledge that all copyrights, patents, trade secrets, or trademarks or other intellectual property rights of the Site are our sole and exclusive property and/or that of our licensors. Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress (the “Marks”). The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All names of services, trademarks and service marks are our property or the property of their respective owners. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement. 

Data Collection and Use

You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your use of the Site. 

Enforcement and Termination

We reserve the right to deny all or some portion of the Site to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to submitted content or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. In the event of termination of this Agreement for any reason, your access to, and registration for, all events through the Site shall immediately terminate as well.  All amounts and/or donations made through the Site are non-cancellable and non-refundable.

​Links and Third-Party Content

The Site may contain links to third-party websites, services, and materials. Such links are provided for informational purposes only, and we do not endorse any third-party website or services through the provision of such a link.

​The Site may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties, including users other than you. We do not endorse any third party or third-party content that may appear on the Site or that may be derived from content that may appear on the Site, even if such content was summarized, collected, reformatted or otherwise edited by us.

Disclaimers and Limitation on Liability

THE EVENTS AND THE CONTENT ON THE SITE ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SITE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. 

USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SITE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU BASED ON OR RELATED TO THE SITE OR THE ACTIONS YOU TAKE BASED ON THE SITE, AND/OR ANY EVENTS WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE. ​

Indemnification

​You agree to defend, indemnify and hold us harmless from any and all claims, damages including attorneys’ fees, arising from or related to your use of the Site.

Governing Law and Jurisdiction

To the maximum extent permitted by law, these terms are  governed by the laws of the State of New York regardless of its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State and County of New York. You also agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Policies for Children

​In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, without having first obtained the consent of their parent, we will make efforts to delete the child’s information. For more information about our privacy practices with respect to the personal information of children, please see our Privacy Policy, available here.

Copyright Policy

If you believe in good faith that any material posted on our Site infringes the copyright in your work, please contact our copyright agent designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;

  • Information reasonably sufficient to permit us to contact you;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Director of Communications
Beam Center Inc.
60 Sackett St.
Brooklyn, New York 11231
USA

e-mail: contact@beamcenter.org

Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material posted on the Site infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to contact@beamcenter.org containing the following information:

  • Your name, physical address, e-mail address and phone number;

  • A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;

  • Identification of the location of the material on the Site;

  • If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;

  • If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;

  • A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and

  • Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

All notices given by you or required under this Agreement shall be in writing and addressed to: 
Beam Center Inc., 60 Sackett St., Brooklyn, New York 11231 or sent via email to contact@beamcenter.org.