Important notice: Please read carefully before using the website.
Last updated 10 September 2016
Welcome to bleep.me, a personal webspace creator.
(“#bleepme”, “us” or “we”) for the use of this website: www.bleep.me (the “Website”).
By using the Website or clicking on the “accept” button below you agree to the terms of this agreement which will bind you. If you do not agree to the terms of this agreement, please refrain from using our Website.
- . Accessing the Website
1.1 In consideration of you agreeing to abide by the terms of this agreement, we hereby grant to you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-commercial, worldwide, royalty-free, non-exclusive and revocable licence to use the Website on the terms of this agreement.
1.2 We Are Infinite Ltd may terminate the licence granted in clause 1.1 at any time, with or without notice, for any reason or for no reason at all.
1.3 Access to the Website is permitted on a temporary basis for your private purposes only and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
1.4 From time to time, we may restrict access to some parts of the Website, or our entire site, to users who have registered with us.
1.6 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
1.7 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
1.8 If you breach clause 1.7, you will be committing criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
1.9 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
- . User and Membership Eligibility
2.1 To become a community member of the Website (“Member” or “Membership”) you must be the named account holder of the email address associated with your membership.
2.2 To upgrade your Membership, you must be the named account holder of the payment account, credit card, other entry identification card, or equivalent form of identification utilised in the payment process, or have the account holder’s permission.
2.3 If you require assistance with creating a Bleep.me account, you may contact us by email at [email protected].
2.4 In setting up your Membership, you represent and warrant that all information you supply is complete and accurate. The use of multiple names or providing false information which is not associated with the actual Member is explicitly prohibited. In the event that We Are Infinite Ltd determines, in its sole discretion, that any Member has engaged in any fraudulent or prohibited activity We Are Infinite Ltd may terminate the Membership. We Are Infinite Ltd also reserves the right to report any user or Member to the law enforcement or other authorities.
2.5 You agree not to post or distribute any materials audio, text, photos, pictures, graphics, comments, and other content, data or information provided by users or Members (“Content”) that:
(a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(b) may create a risk of any other loss or damage to any person or property;
(c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) may constitute or contribute to a crime or tort;
(e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise potentially civilly and/or criminally actionable;
(f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(h) contains any information or content that you know is misleading, deceptive, incorrect and/or no longer current.
2.6 You agree that any Shared Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates any part or all of provisions in this agreement.
2.7 You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free licence (with the right to sublicence) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Website to you and other users. In connection with providing or promoting the Website, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
2.8 We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Website including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(a) satisfy any applicable law, regulation, legal process or governmental request;
(c) detect, prevent, or otherwise address fraud, security or technical issues;
(d) respond to user support requests; or
(e) protect the rights, property or safety of We Are Infinite Ltd, its users and the public.
2.9 We do not tolerate spam and do not expect Members to engage in such activity. You cannot add other Members to your mailing list (email or physical mail) without their express consent.
2.10 To report spam or spoof emails to us, please forward the email to [email protected]. You may not use our communication tools to send spam or otherwise send Content that would breach this agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
- . Use of Content
3.1 All Content on or through the Website, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content.
3.2 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or opinions expressed on the Website. We do not monitor and/or control the Content posted on the Website and we do not accept and specifically disclaim any responsibility for such Content. If you use or rely on any Content or materials posted on the Website or obtained by you through the Website, it is at your own risk. Under no circumstances will We Are Infinite Ltd be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Site.
3.5 Some areas of the Website, particularly your Bleep.me web pages, allow you to post or upload Content and to share your Content with others. Whether your Content is private Content or shared Content depends on the privacy settings for your Bleep.me account.
3.6 You retain ownership of your Content, but there are many things that other users may do with your Content, to the extent it is shared Content, for example, copy it, modify it, re-share it, or broadcast it. We Are Infinite Ltd has no responsibility for that activity. Please consider carefully what you choose to share.
- . Promotional Activities
4.1 By registering for an account, you agree that We Are Infinite Ltd may display your user name. By utilising other features of the Website, you agree to make those materials available to either the general public or community members as described on the Website. By registering, you agree to allow We Are Infinite Ltd to print, publish, broadcast and use, worldwide, in any media and at any time, your username and Content for promotional purposes associated with We Are Infinite Ltd without additional compensation.
- . Linking to the Website
5.1 You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5.2 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
5.3 If you wish to make any use of material on the Website other than that set out above, please address your request to[email protected].
- . Links from the Website
6.1 Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- . Account Suspension and/or Termination
7.1 We Are Infinite Ltd may, at its sole discretion, with or without prior notice, take the following enforcement actions, including but not limited to:
(a) suspend any user accounts that have not been logged into within a 12 month period.
(b) investigate abuse and/or suspected abuse, on a case-by-case basis and to terminate or suspend Membership at its sole discretion. We Are Infinite Ltd reserves the right to lift the suspension at any time, at its sole discretion.
(c) terminate your account. Termination may result in immediate closure of the Account, a prohibition against any future participation.
- . Our Website Changes Regularly
8.1 We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- . Mobile Devices
9.1 We may make available software to access the Website via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible.
9.2 We do not warrant that the Mobile Software will be compatible with your mobile device.
9.3 We Are Infinite Ltd grant you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-commercial, worldwide, royalty-free, non-exclusive and revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use.
9.4 For all purposes, we reserve all rights not expressly granted under these this agreement.
- . Your Indemnities and Undertakings
10.1 Except as expressly set out in this agreement or as permitted by any local law, you undertake:
(a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website or your access to the Website;
(b) modify, disassemble, decompile or reverse engineer the Website software (“Software”);
(c) rent, lease, loan, resell, sublicence, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party;
(d) make any copies of the Software;
(e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software;
(f) delete the copyright and other proprietary rights notices on the Software.
(g) not to make alterations to, or modifications of, the whole or any part of the Website nor permit the Website or any part of it to be combined with, or become incorporated in, any other programs or websites;
(h) to include the copyright notice of We Are Infinite Ltd on all entire and partial copies of the Website in any form; or
(i) not to provide, or otherwise make available, the Website in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from We Are Infinite Ltd.
10.2 You agree that when using the Website you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:
(a) use the Website in any unlawful manner or in a manner which promotes or encourages illegal activity; or
(b) attempt to gain unauthorised access to the Website or any networks, servers or computer systems connected to the Website; or
(c) post any Content on the Website in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; or
(d) impersonate others through the Website or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; or
(e) publish or post other people’s private or personally identifiable information, without their express authorisation and permission; or
(f) send unsolicited communications, promotions or advertisements, or spam; or
(g) publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; or
(h) access, tamper with, or use non-public areas of the Website, We Are Infinite Ltd’s computer systems, or the technical delivery systems of We Are Infinite Ltd’s providers; or
(i) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; or
(j) access or search the Website by any means other than our publicly supported interfaces (for example, scraping); or
(k) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or
(l) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site.
10.3 You agree to indemnify us and our licensees and licensors, and their employees, contractors, agents, officers and directors in full and on demand from and against any loss, damage, costs or expenses which We Are Infinite Ltd suffer or incur directly or indirectly as a result of your use of the Website otherwise than in accordance with this agreement or any applicable laws, including (without limitation) providing We Are Infinite Ltd with false, inaccurate or misleading information.
10.4 You warrant to us that all the information you provide to We Are Infinite Ltd is true and accurate to the best of your knowledge.
- . Intellectual Property Rights
11.1 You acknowledge that we are the owner or the licensee of all intellectual property rights on the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 The trade marks, service marks, and logos (“Trade Marks”) contained on or on the Website are owned by We Are Infinite Ltd, our group companies or third party partners of We Are Infinite Ltd. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of We Are Infinite Ltd, the relevant group company or the relevant third party partner of We Are Infinite Ltd.
11.3 Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
11.4 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
11.6 Any feedback, comments, or suggestions you may provide regarding the Website is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit, and without any obligation to you.
- . No Warranty
12.1 You acknowledge that the Website has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Website meet your requirements.
12.3 Use of the Website is at your own risk. The Website is provided on an “as is” basis. We Are Infinite Ltd does not warrant or guarantee that the Website and all or part of its contents will be always available or that its use will not be interrupted.
- . We Are Infinite Ltd’s Liability
13.1 This clause sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of:
(a) any breach of this agreement however arising;
(b) any use made of the Website by you, or of any product or service offered by We Are Infinite Ltd on the Website; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
13.2 Nothing in this agreement shall limit or exclude the liability of either party for:
(a) death or personal injury resulting from negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) breach of section 2 of the Consumer Protection Act 1987; or
(e) the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors.
13.3 Without prejudice to clause 13.2, and to the maximum extent permitted by law:
(a) We Are Infinite Ltd disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the use of the Website; and
(b) all implied warranties, terms and conditions relating to the Website (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between We Are Infinite Ltd and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Website; or any damage or injury to users or their equipment as a result of or relating to their use of the Website. Your statutory rights are not affected.
13.4 Subject to clause 13.2 and clause 13.3, We Are Infinite Ltd’s maximum aggregate liability under or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £50.
13.5 This agreement sets out the full extent of We Are Infinite Ltd’s obligations and liabilities in respect of the Website and the supply of the services through the Website. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on We Are Infinite Ltd except as specifically stated in this agreement. Any condition, warranty, representation or other term concerning the Website which might otherwise be implied into, or incorporated in, this agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
13.6 We Are Infinite Ltd makes every attempt to ensure the accuracy and reliability of the information contained on the Website but this information should not be relied upon. The materials contained on the Website are provided for general information only and do not constitute any form of advice.
13.7 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.8 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- . Digital Millennium Copyright Act Notice
14.1 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the process set out below. This process follows the procedure required in the United States under the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(f) 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.
14.2 Notifications of claimed infringement should be sent to: [email protected].
14.3 You acknowledge that if you fail to comply with all of the requirements of this clause, your DMCA notice may not be valid.
14.4 Counter-Notice. If you believe that the Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) your physical or electronic signature;
(b) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(c) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(d) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
14.5 If a counter-notice is received by the Copyright Agent, We Are Infinite Ltd may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at We Are Infinite Ltd’s sole discretion.
- . Third Parties
16.1 The Website may contain links to websites operated by third parties (“Third Party Websites”). We may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, we do not have any influence or control over any such Third Party Websites and, unless otherwise stated, we are not responsible for and do not endorse any Third Party Websites or their availability or contents.
16.2 We accept no responsibility for adverts contained on the Website. If you agree to purchase goods and/or services from any third party who advertises on the Website, you do so at your own risk. The advertiser, not We Are Infinite Ltd, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
- . Events Outside We Are Infinite Ltd’s Control
17.1 We Are Infinite Ltd will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under this agreement or in your use of the Website that is caused by an event outside our reasonable control.
- . Termination
18.1 Either party may terminate this agreement immediately. You may terminate this agreement by deleting your account and refraining to use the Website.
18.2 Upon termination for any reason:
(a) all rights granted to you under this agreement shall cease;
(b) you must cease all activities authorised by this agreement; and
(c) you must immediately delete your account and cease using the Website and certify to us that you have done so.
- . Transfer of Rights and Obligations
19.1 This agreement is binding on you and us and on our respective successors and assignees.
19.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.
19.3 We Are Infinite Ltd may transfer, assign, charge, sub-contract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, at any time during the term of the agreement.
- . Notices
All notices given by you must be given to We Are Infinite Ltd at [email protected]. We Are Infinite Ltd may give notice to you at either the e-mail or postal address you provided when registering for the Website. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- . Waiver
21.1 If We Are Infinite Ltd fails, at any time during the term of this agreement, to insist on strict performance of any of your obligations under this agreement, or if We Are Infinite Ltd fails to exercise any of the rights or remedies to which we are entitled under this agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21.2 A waiver by We Are Infinite Ltd of any default shall not constitute a waiver of any subsequent default.
21.3 No waiver by We Are Infinite Ltd of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- . Severability
If any of the terms of this agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- . Variations
- . Entire Agreement
24.1 This agreement and any document expressly referred to in it constitute the entire agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the Website.
24.2 We each acknowledge that, in entering into this agreement (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to this Licence or not) other than as expressly set out in this document or the documents referred to in it.
24.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in this agreement.
24.4 Nothing in this clause shall limit or exclude any liability for fraud.
- . Law and Jurisdiction
This agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the exclusive jurisdiction of the English courts.
- . Your Concerns
If you have any concerns about material which appears on the Website, please contact [email protected].