Beeclip Terms of Service

1.1 The Beeclip Website is owned and operated by Beeclip Limited ("Beeclip" or "We"/"Our"/"Us"). The Beeclip Website, together with the Beeclipper tool and the other features and services offered by Beeclip in connection with the Beeclip Website are referred to as the "Beeclip Services".

1.2 By registering with, using or visiting the Beeclip Services, You agree to be bound by these Terms of Service (the "Terms") and the Beeclip Community Guidelines. If We discover or have reasonable grounds to believe You have breached these Terms or the Community Guidelines, We may without any prior notice, but acting reasonably: (i) suspend or terminate Your access to the Beeclip Website and/or the Beeclip Services, (ii) delete or amend Your registered profile and account, (iii) remove or change any content You have posted to the Beeclip Website, or (iv) any combination of the above. You must also read the Privacy Policy referred to in section 11 below.

1.3 You may not use the Beeclip Services if You are under 16 years of age or are a person who is legally prohibited from using the Beeclip Website under the laws of the country in which You are resident or from which You access the Beeclip Website.

1.4 If You have any questions, complaints or comments on the Beeclip Services, please contact Us.

2.1 We are constantly looking for new ways to update and improve the Beeclip Website and Services. We therefore reserve the right to amend the form and nature of the Beeclip Website, the Beeclip Services, these Terms, the Community Guidelines and our Privacy Policy at any time, without prior notice to You.

2.2 All such changes will take effect once they have been posted on the Beeclip Website. You understand and agree that it is Your responsibility to refer to and comply with the most up-to-date Terms and that You will be deemed to have accepted any such changes by Your use of the Beeclip Services from such time.

3.1 If You would like to access certain areas and features of the Beeclip Website, create a personal scrapbook, upload material to the Beeclip Website, use the Beeclipper tool or interact with other subscribers of the Beeclip Services You will need to register with the Beeclip Website and create an account with an associated username and password. You can also choose a photo or image to be associated with your user account. Your username and photo/image will be publicly viewable (but not your real name or email address), so please be careful when choosing these. We reserve the right to amend, reject or remove user names or images and/or scrapbook names for any reason and at our sole discretion, including without limitation those which We deem to be offensive, defamatory or otherwise unsuitable, for example where we receive an allegation of trade mark infringement.

3.2 By creating an account on the Beeclip Website You confirm that You are 16 years or older and that You have read and understand, agree to and comply with these Terms.

3.3 Beeclip allows You to share stuff visually. Gather the stuff You like, create Your own unique scrapbook, and share them with friends, family or the world.

3.4 You can create scrapbooks that are a combination of photos, links, videos, documents and other types of digital media. When You create a scrapbook, its default setting will be private, and it will only be viewable by You and by specific Beeclip users selected by You. However, You can choose to make a scrapbook publicly viewable to anyone on the Beeclip Website. If You set a scrapbook to be public, please be sure that You are happy sharing all the clips on that scrapbook with everyone. You can change whether Your scrapbook is public or private at any time. If however, You place a clip on a public scrapbook, it becomes publicly viewable on the "Your Clips" page, and can be found through a Beeclip search. You cannot reset a clip back to private, so if You don’t want others to see it, You'll need to remove it from the public scrapbook (by deleting it from the ‘Your clips’ page) and upload it onto a private scrapbook.

3.5 When You create a scrapbook, its default setting will be public, which means the scrapbook and the content on it can be viewed and shared by anyone. You can change whether Your scrapbook is public or private at any time. You may choose to make a scrapbook private (so that only You may view and share it), or partially private (so that it is only viewable by You and by specific Beeclip users selected by You). Or, you may set your scrapbook so that it may not only be viewed but edited by the public.

3.6 If you place a clip on a public scrapbook (the default position for all scrapbooks), it becomes publicly viewable on the "Your Clips" page, and can be found through a Beeclip search. Before adding clips to a public scrapbook, please be sure that You are happy sharing all the clips on that scrapbook with everyone. You cannot reset a clip back to private, so if You don't want others to see it, You'll need to remove it from the public scrapbook (by deleting it from the 'Your clips' page) and upload it onto a private scrapbook. 3.5 You can also choose to simplify your online social life by connecting your Beeclip account with other social networking sites, such as Facebook, MySpace, Twitter etc. It's a great way to keep Your friends and followers updated about what you're currently up to on Beeclip, as every time You upload a clip or create a scrapbook You'll have the chance to share that activity with them. You might even be able to use the same log in details for both accounts! You can review Your list of connected sites at any time, and choose the ones You want to stay connected to.

3.7 You must provide accurate and complete information when registering and You should update these details via Your account from time to make sure it remains accurate.

3.8 You are responsible for keeping Your username and password confidential and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Beeclip Services and will not be liable where Your username and password is used by someone else. If You believe there has been any unauthorised use of Your username or password, or a breach of security You must notify Beeclip immediately using our contact form. You acknowledge that failing to exit Your session or log out correctly may result in the breach of Your account security.

4.1 You agree that You will not use the Beeclip Website or Services:

4.1.1 for any purpose other than Your personal (non-commercial) use without prior written consent from Beeclip;

4.1.2 in any way that may lead to the encouragement, procurement or carrying out of any criminal activity engage in any illegal activities; or 4.1.3 for any purpose which promotes gambling, alcohol, tobacco products, ammunition and/or firearms;

4.1.3 to advertise or promote third party or Your own products or services including by way of the distribution of 'spam' email.

4.2 In using the Beeclip Website and Services, You also agree:

4.2.1 to comply with the Beeclip Community Guidelines at all times;

4.2.2 not to access Beeclip Website content through any other means than those explicitly provided by Beeclip on the Beeclip Website (including through any automated means);

4.2.3 not to access or attempt to access the accounts of other users;

4.2.4 not to bypass or interfere with any security features of the Beeclip Website, or interfere with any Beeclip websites, servers, or networks;

4.2.5 not to use Beeclip's copyright materials or trade marks without Our prior written consent;

4.2.6 not to impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity; and

4.2.7 not to transfer files that contain viruses, Trojans or other harmful programs, or that otherwise introduce any of these into the Beeclip Website.

4.3 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Beeclip Website or the computer codes of elements comprising the Website other than for Your own personal (non-commercial) use.

4.4 You agree that You are solely responsible for any breach of Your obligations under these Terms and that Beeclip has no responsibility to You or to any third party for any damage which occurs as a result of such breach.

5.1 Registered users may upload, submit, post or clip a number of different content types including video, audio, text, pictures, links, reviews, comments and all other user generated content to their scrapbook on the Beeclip Website ("User Submissions"). All User Submissions must comply with the Beeclip Community Guidelines.

5.2 By making a User Submission You do not transfer ownership of the User Submission to Beeclip, but You grant Us a worldwide, non- terminable, royalty-free, transferable, sub-licensable and non-exclusive licence to use such User Submission at Our own discretion including, without limitation, to use, copy, distribute, reproduce, modify, publicly display and remove the content on the Beeclip Website and any associate Beeclip Service.

5.3 You agree and guarantee that:

5.3.1 any User Submission You provide or upload is original to You, or that You have obtained any consents necessary for You to provide the User Submission to Us for the purposes set out in section 5.2 above; and

5.3.2 by providing or uploading User Submissions which link to the products and services of a third party, neither You nor We are in breach of any terms and conditions imposed by such third party.

5.4 You agree that You will not upload, post, clip, email, transmit or otherwise disseminate any User Submission which:

5.4.1 is offensive, obscene, unlawful, indecent or pornographic;

5.4.2 is inaccurate, defamatory or libellous;

5.4.3 is copyrighted, protected by trade secret, subject to third party proprietary rights or the disclosure or use of it is unauthorised in any other way, unless You are the owner of such rights or have obtained a valid licence to use the User Submission in the manner used on the Beeclip Website;

5.4.4 is or may have the effect of being harassing, threatening, abusive or hateful;

5.4.5 degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or

5.4.6 contains inflammatory religious or political content or hate speech;

5.4.7 is intended to exploit or harm children; or

5.4.8 is otherwise illegal or encourages illegal activity.

5.5 Beeclip does not promote or approve of any act which infringes the copyrights (including rights in computer software), moral rights, trade marks, logos, rights in designs or database rights (together the "Intellectual Property Rights") of any party, and any such activities or materials will not be tolerated on the Beeclip Website and may be removed.

5.6 We do not guarantee to use or otherwise make available User Submissions, which We may reject, edit, moderate or delete at Our absolute discretion.

5.7 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising any breach by You of this Section 5.

5.8 Beeclip cannot and does not guarantee the confidentiality of any User Submissions which are posted or uploaded onto a publicly available scrapbook.

6.1 Although We ask all users, visitors and registered members to comply with these Terms, You accept that You may be exposed to User Submissions on the Beeclip Website that are inaccurate or otherwise objectionable to You. As User Submissions are created by users, they do not represent the views of Beeclip, and are not in any way endorsed by Us. You acknowledge that We do not actively monitor all User Submissions for accuracy or lawfulness.

6.2 However, if You become aware of any misuse of the Beeclip Website which violates these Terms and the Community Guidelines, or wish to complain about any User Submission or content on the Beeclip Website or believe any of Your rights have been violated, please immediately report the activities or content to Us by clicking on the ‘Report’ button located next to the content in question (You must be a registered user to use this function), or by reporting a violation through the "Contact Us" page.

6.3 Any reports or allegations of a violation must include:

6.3.1 the nature of Your complaint and location within the Beeclip Website of the relevant content or member;

6.3.2 Your name, address, telephone number and email address and such other information as We may reasonably request; and

6.3.3 for any Intellectual Property Right disputes:

6.3.3.1 identification of the image, brand, work or material You claim has been infringed ("Work");

6.3.3.2 a statement that You believe in good-faith that the use of the relevant Work is not authorised by the owner of the relevant rights in the Work, or the owner's agent, or the law;

6.3.3.3 and a statement that the information You are supplying is accurate and correct, and that You are either the owner of the relevant rights in the Work, or authorised to act on the owner's behalf.

6.4 It is Beeclip’s policy to investigate all alleged breaches of these Terms or the Community Guidelines and we do our best to investigate all complaints within 48 hours. Beeclip reserves the right to make final judgement on whether any User Submission complies with these Terms or the Community Guidelines, and where any content is deemed by Beeclip as non-compliant with such terms (whether knowingly or unknowingly) Beeclip may elect to remove the relevant content from the Beeclip Website or Services and/or delete the registered profile and account, of the relevant poster, in each case immediately and without notice.

6.5 If any content or Work You post is removed by Beeclip you agree that we shall not be liable to you for that removal or for any damage or loss that may result directly or indirectly from that action by Beeclip.

7.1 You may establish links to the Beeclip Website provided that:

7.1.1 You do not remove or obscure, advertisements, the copyright notice or other notices on the Beeclip Website; and 7.1.2 You immediately stop providing links to the Beeclip Website if requested by Us.

7.2 The Beeclip Website contains content that links to third party websites from time to time, such as through members' scrapbooks, advertising or otherwise. These links are provided for Your ease of reference and convenience only. You acknowledge and agree that We do not own or control such third party websites and are not responsible for the availability or contents of such websites.

7.3 The inclusion of links to other websites on the Beeclip Website does not imply any endorsement by Us of the material contained in such websites or any association with their operators. You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and We shall not be liable to You in respect of any loss or damage which You may suffer by using or linking to those websites. You agree that You will not involve Us in any dispute between You and the third party.

8.1 All content on the Beeclip Website or made available through the Beeclip Services, with the exception of User Submissions is the property of Beeclip or its licensors ("Beeclip Content"). This includes without limitation, trade marks, logos, text, software, graphics, animations, pictures, photos, sounds, music, videos and interactive features on the Beeclip Website.

8.2 Your use of the Beeclip Website and Beeclip Services grants no rights to You in relation to the Beeclip Content and the Beeclip Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Beeclip. Any use other than that permitted under these Terms may only be undertaken with Our prior express written authorisation.

9.1 The Beeclip Website and Services are provided to You free-of-charge. All content and services on the Website and Services are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of the Beeclip Website and Services or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Beeclip Website and Services.

9.2 Whilst We use reasonable endeavours to ensure that the information through the Beeclip Website and Services is correct and to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the information made available through Beeclip Website and Services itself is complete or up-to-date, nor that it will be will be free from errors or omissions.

9.3 We do not warrant that the Beeclip Website and Services will be available uninterrupted and in a fully operating condition. You acknowledge that access to the Beeclip Website and Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.

9.4 We do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Beeclip Website and Services and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features. We have the right to deny access to the Beeclip Website and Services and delete User Submissions at any time without notice.

9.5 Any decisions or action taken by You on the basis of information provided on or via the Beeclip Website and Services are at Your sole discretion and risk and You should obtain individual professional advice where necessary. Nothing in this clause 9 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).

9.6 Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury caused by Our negligence or the negligence by Us, Our employees or agents, or for any other liability which cannot be excluded or limited under applicable law.

9.7 Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or these Terms shall be limited in aggregate to £s;1,000.

10.1 We reserve the right to suspend or terminate Your account or access to any part of the Beeclip Website or Services as set out in section 1.2. You may terminate Your account and remove Your profile at any time, for any reason, by following the instructions in Your profile or within Your account. Even after Your account is terminated (whether by You or by Us and for whatever reason) these Terms will remain in full force and effect. Your scrapbook and User Submissions may remain on the Beeclip Website – please contact Us if You would like to request its removal.

11.1 You must read Our Privacy Policy which contains important information about the use of Your personal data other information on safeguarding Your personal details and privacy and Our security processes and policies.

11.2 We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the Website.

If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.

We, Beeclip, may transfer Our rights and obligations under these Terms to any company, firm or person, provided that this does not affect Your rights under these Terms. You may not transfer or assign Your rights or obligations under the Terms to anyone else and Your account is personal to You.

These Terms shall be governed by English law and You and We both agree to submit to the non-exclusive jurisdiction of the English Courts.

Beeclip Limited is a company registered in England and Wales with company no. 07067956 at 90 High Holborn, London, WC1V 6XX.

These Terms were last updated on 28 June 2010.
© Beeclip Limited 2010