Effective as of April 30, 2023
Welcome to Beanstalk!
Beanstalk is a Life Experience Platform (hereinafter the “Platform”) designed to encourage you to take action in your life, through experiences and playlists, as well as showcase your accomplishments and life experiences.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Beanstalk is not responsible for third party access to your account that results from theft or misappropriation of your account. Beanstalk and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Services are not for use by anyone under the age of 13. If you are under the age of 13, you are not allowed to register, access or use Beanstalk services. If you are under the age of 18, you may use Beanstalk only with the permission of a parent or guardian. Creating an account with false information is a violation of our Terms, including accounts registered on behalf of other persons under the age of 13.
Links to Third Party Sites/Third Party Services
Beanstalk may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Beanstalk and Beanstalk is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Beanstalk generally does not review content provided by other websites; you agree that we are not responsible for content or information located therein. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. Beanstalk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beanstalk of the site or any association with its operators. By using our Services, you may encounter content or information that might be inaccurate, misleading, illegal, offensive or otherwise harmful.
Certain services made available via Beanstalk are delivered by third party sites and organizations. By using any product, service or functionality originating from the Beanstalk domain, you hereby acknowledge and consent that Beanstalk may share such information and data with any third party with whom Beanstalk has a contractual relationship to provide the requested product, service or functionality on behalf of Beanstalk users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Beanstalk or its affiliates and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Beanstalk content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Beanstalk and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Beanstalk or our licensors except as expressly authorized by these Terms.
Rights and Commitments
Our Services allow messaging and sharing of information in many ways, such as your profile, experiences, posts, playlists, messages and group messages. Information and content that you share or post on the Platform may be seen by other persons. You agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements, provide accurate information to us and keep it updated, use your real name on your profile, and use the Services in a professional manner.
You agree that when using the Services, 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 topic, name, material 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; advertise or offer to sell or buy any goods or services for any business purpose, unless the Platform specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user 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 Platform; violate any code of conduct or other guidelines which may be applicable for any particular Online Platform; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Beanstalk reserves the right to review content, message or information posted on the Platform and to remove any materials in its sole discretion. Beanstalk reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.
Beanstalk 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 Beanstalk’s sole discretion.
Beanstalk does not control or endorse the content, messages or information found on the Platform and, therefore, Beanstalk specifically disclaims any liability with regard to any content, message or information found on the Platform and any actions resulting from your participation in said content, message or information.
Beanstalk does not claim ownership of the materials you provide to Beanstalk (including feedback and suggestions) or post, upload, input or submit to any of our Services. However, by posting, uploading, inputting, providing or submitting your materials you are granting Beanstalk, our affiliated companies and necessary sublicensees permission to use your materials 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 the Services. Beanstalk is under no obligation to post or use any content you may provide and may remove any post or content at any time at our sole discretion.
The Service is controlled, operated and administered by Beanstalk from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Services accessed through Beanstalk in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Beanstalk, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Platform or Services, any user postings made by you, your violation of any Terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Beanstalk reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Beanstalk in asserting any available defenses.
YOU AGREE THAT DISPUTES BETWEEN YOU AND BEANSTALK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEANSTALK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BEANSTALK 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 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. BEANSTALK 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.
Beanstalk reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beanstalk as a result of this agreement or use of the Platform. Beanstalk’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Beanstalk’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Beanstalk with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Beanstalk with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Beanstalk with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Beanstalk reserves the right, in its sole discretion, to change the Terms under which Beanstalk is offered. The most current version of the Terms will supersede all previous versions. Beanstalk encourages you to periodically review the Terms to stay informed of our updates.