In Beanstalk’s efforts to promote good citizenship within the Internet community, if Beanstalk becomes aware of inappropriate use of the Website or any of its Services (defined below), Beanstalk will respond in any way that, in its sole discretion, Beanstalk deems appropriate. You acknowledge that Beanstalk will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, Beanstalk will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, information and other content that you upload, publish or display (hereinafter, “post”) on or through this Website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post. You understand and agree that Beanstalk may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Beanstalk violates this provision, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to Beanstalk. You agree that under no circumstances will Beanstalk be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to Beanstalk.
When you post User Content to the website, you authorize and direct Beanstalk to make such copies thereof as Beanstalk deems necessary in order to facilitate the posting and storage of the User Content on the website. By posting User Content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to Beanstalk an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Beanstalk reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content and photos submitted through the website.
In connection with User Content, you further agree that you will not: (i) submit or upload material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Beanstalk all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Beanstalk or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. Beanstalk does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. Beanstalk does not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and Beanstalk will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. Beanstalk may terminate your access to the website if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website more than twice. Beanstalk also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Beanstalk may remove such User Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at Beanstalk’s sole discretion.
By visiting Beanstalk’s Website, engaging in or downloading the games offered and tracked through this Website and/or purchasing products from us, you engage in our services (collectively “Services”) and agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and players.
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or alternatively, that you are parent or guardian of a minor under the age of majority in your state of residence for whom you take full responsibility for their compliance with these and have given Beanstalk your consent to allow any of your minor dependents to use this site.
You may neither use Beanstalk’s products or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature to Beanstalk. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Account Registration: Use of this Website might require you to provide certain registration details, payment or other information to create an account (“Account”). You may view content on the Website without registering, but as a condition of using certain aspects of the Website, you will be required to register with Beanstalk and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. Beanstalk reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You shall never use another User account and will immediately notify Beanstalk in writing of any unauthorized use of your account, or other known account-related security breach. You agree that all information you provide to register an Account or otherwise is governed by Beanstalk’s Privacy Notice. Beanstalk has the right to disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and consent process when you register for an account. Users under the age of 16 in the European Union or under 13 in all other territories, in order to comply with the Children’s Online Privacy Protection Act (COPPA) and Europe’s General Data Protection Regulation (GDPR) standards, must signify their true age by selecting the “No, I am under 16” in the EU or “No, I am under 13” in all other territories.
Privacy: Beanstalk’s Privacy Notice is available at https://beanstalkgames.com/privacy-policy.
Purchases from Beanstalk: If you order products through this Website or otherwise from Beanstalk, your order of the products is an offer to purchase the products. Beanstalk accepts your offer by shipping the products to you. Beanstalk may decline your offer for any reason, with or without notice to you. The risk of loss and title for all products passes to you upon our delivery of the products to a common carrier, including, but not limited to DHL, FedEx, UPS, or USPS. In the case of a return, you will retain title to any returned products and risk of loss of such products will remain with you until Beanstalk has received the returned products and confirmed the products to be in their original condition as specified in these Terms.
Third Party Interaction and Links to Third Party Websites: In your use of this Website, you may enter correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors or partners of this Website. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Beanstalk has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Beanstalk does not endorse or warrant any third-party products or services or the political or personal views of any artist or personality performing at Beanstalk by virtue of any advertisement, information, material or content.
This Website may be linked to other websites on the World Wide Web that are not under the control of or maintained by Beanstalk. Such links do not constitute an endorsement by Beanstalk of any such websites.
You acknowledge that Beanstalk is providing these links to you only as a convenience, and you agree that Beanstalk is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the Website are solely between you and such organizations and/or individuals.
You agree that Beanstalk shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals. If there is a dispute between participants on this Website, or between users and any third-party, you understand and agree that Beanstalk is under no obligation to become involved. If you have a dispute with one or more users, you hereby release Beanstalk from any and all liability associated with such dispute
Contests and Rewards: In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Website may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. Rewards and prizes received from this Website constitute taxable income for purposes of US federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from this Website, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.
Intellectual Property: Unless otherwise noted, this Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Contents”), are owned by Beanstalk, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use this Website for your personal, non-commercial use only. You may download or copy Contents from our Website for your personal, non-commercial use only. No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying. You may link to our homepage, 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 without Beanstalk’s express written consent. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or of this Website. Unauthorized use of the Contents is expressly prohibited by law and may result in civil and criminal penalties.
Digital Millennium Copyright Act Complaints: Beanstalk respects the copyright rights of others, and we ask our advertisers and other third parties to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others. Therefore, if you reasonably believe that any Material accessed using this Website or mobile device application contains unauthorized reproductions of your copyrighted work or otherwise infringe an exclusive copyright right, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), (“DMCA”), you must promptly provide in writing the following information to our Designated Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; (iii) 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 us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address; (v) statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notice 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.
Our Designated Agent for Beanstalk’s Website is as follows:
Beanstalk Games, LLC
Attn: DMCA Complaints
54 W. Moody Ave.
Webster Groves, MO 63119
E-mail: [email protected]
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY BEANSTALK NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.
User Content, Feedback and Other Submissions: If, at Beanstalk’s request, you send certain specific submissions (for example contest entries) or, without a request from Beanstalk, you send creative ideas, suggestions, creations, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that Beanstalk may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you provide. By communicating the User Content to Beanstalk, you warrant that you are the originator of the idea and that it does not infringe on the rights of any other person or entity, and you grant Beanstalk a worldwide, royalty-free, non-exclusive perpetual right and license to use, modify, translate, publish, perform, produce derivative works, and in any other way manifest the submission without any liability, payment, or expense. Further, you acknowledge your understanding that Beanstalk is in the business of making games and is constantly creating game ideas, features, concepts, technologies, designs, mechanics, and all other elements for the Website and Services and likely has ideas that are similar to or identical to your User Content. Beanstalk is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.
Beanstalk may, but has no obligation to, monitor, edit or remove User Content that Beanstalk determines in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Beanstalk or third parties as to the origin of any User Content. You are solely responsible for any User Content you make and its accuracy. Beanstalk takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Beanstalk supports the maintenance and growth of healthy, non-sponsored communities, fan-art channels, and content creator and steamer ecosystems and seeks to encourage and support fan creations that use or perform our Intellectual Property, as long as they adhere to these Terms.
User Content include but is not limited to art, animation, memes, crafts, game designs, game mechanics, stories, music, videos, merchandise, printed material, and any other creation that uses Beanstalk Intellectual Property, including but not limited to video content creation and streaming as appears on platforms like Twitch and YouTube. User Content must comply with each of the following requirements and the requirements set forth in these Terms; any User Content that violates the following requirements or these Terms is prohibited:
- Streamers and content creators may monetize their performances of Beanstalk Intellectual Property through platform (e.g. Twitch or YouTube) ads, platform currencies, and other standard platform methods provided the performance of the Beanstalk Intellectual Property must adhere to all other conditions of these Terms;
- User Content other than streamer and content creator performances on major platforms as described at (a) above must have no commercial and/or monetary objective or implementation;
- User Content must not be posted as stand alone products whether free or for purchase to commercial platforms such as app stores or content stores. For clarity, this does not restrict streamers and content creators from posting their User Content to content creator platforms available on app stores.
- User Content must not use the Beanstalk company or game logos or trademarks and must not be presented in any way that could cause people or search algorithms to react as if it was an official Beanstalk production or post;
- User Content must not derogate Beanstalk, Beanstalk games or services, or Beanstalk staff or otherwise cause damage to the reputation, public perception, or goodwill of Beanstalk or its games or brands, as determined solely by Beanstalk;
- You acknowledge that Beanstalk games appeal to broad audiences that may include children and as such User Content should be appropriate for broad audiences or gated behind sufficient warning for mature content as provided by performance platforms, and you further acknowledge your understanding that Beanstalk will not promote any User Content that is not appropriate for broad audiences.
Disclaimer of Warranties: Your use of this Website is at your own risk. This Website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the Website. The materials, products offered, or Services offered have not been independently verified or authenticated in whole or in part by Beanstalk. Beanstalk does not warrant the accuracy or timeliness of the materials, product, games, or services offered and ultimately available. Beanstalk has no liability for any errors or omissions in the materials, product offerings, or games, whether provided by Beanstalk or third-parties.
THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. BEANSTALK, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. BEANSTALK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF BEANSTALK HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Inaccuracies or Errors: The descriptions, pictures and other representations of products, games or services on this Website may contain inaccuracies and errors. Beanstalk does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of games or products may change without notice to you at any time in Beanstalk’s or a third party’s sole discretion.
Force Majeure: Beanstalk will not be liable or responsible to you, and will not be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by, or results from acts, or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national or regional emergency, revolution, insurrection, epidemic, pandemics or outbreak of communicable disease, quarantines, lockouts, strikes or other labor disputes (whether or not relating to our workforce, artists, artist’s representatives or promotors), or restraints or delays affecting artists, promotors, or artist representatives or inability, or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
Trademarks and Images: The trademarks, logos, and service marks, including those products denoted with TM, ©, or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this Website are registered and unregistered trademarks of Beanstalk, its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, Beanstalk or its affiliate has obtained permission from such third party to use the third-party Trademark and/or Image on this Website. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Beanstalk, its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the Website and in its contents, except as provided in these Terms, is strictly prohibited. You are advised that Beanstalk will aggressively enforce its intellectual property rights over the Website and its contents to the fullest extent of the law, including the pursuit of criminal sanctions.
Severability: In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. This determination shall not affect the validity and enforceability of any other remaining provisions.
Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or Beanstalk. You may terminate these Terms at any time by notifying Beanstalk that you no longer wish to use our Services, or when you cease using our site.
If, in Beanstalk’s sole judgment, you fail or Beanstalk suspects that you have failed, to comply with any term or provision of these Terms, Beanstalk may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Beanstalk’s Services (or any part thereof).
Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without Beanstalk’s prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Notice: Beanstalk may provide any notice to you under these Terms by: (i) sending a message to the email address or phone number you provide; or (ii) by posting to this Website. Notices sent by email or text message will be effective when Beanstalk sends the email and notices Beanstalk provides by posting will be effective upon posting. Text messaging rates apply to all texts sent to you to the phone number you provide. It is your responsibility to keep your email address current and enable your mobile device to accept text messages.
To give Beanstalk notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Beanstalk Games, LLC, 54 W. Moody Ave., Webster Groves, MO 63119 or by email to [email protected]. Beanstalk may update the address for notices to Beanstalk by posting a notice on the Website. Notices provided by personal delivery or email will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Entire Agreement: Beanstalk’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by Beanstalk on this Website or in respect to the Service constitutes the entire agreement and understanding between you and Beanstalk and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Beanstalk (including, but not limited to, any prior versions of these Terms).
Applicable Law: Any action related to these Terms or any dispute under any agreement with Beanstalk will be governed by the law of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction. If the parties and their respective representatives cannot otherwise reach a mutually agreeable resolution to a dispute, then the parties agree to submit the dispute to one mutually agreed upon mediator for mediation in St. Louis County, Missouri and the parties shall share, equally, the cost of such mediation. If the dispute cannot be resolved by mediation, you agree to submit to the jurisdiction of the courts located in the State of Missouri, for the resolution of all disputes arising from or related to these Terms and/or your use of the Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Services must be filed within one year after such claim or cause of action arose or be forever barred.
Indemnification: You agree that you will, at your expense, indemnify, defend, settle, and hold Beanstalk, its affiliates, and its directors, officers, owners, employees, agents, and assigns harmless from and against all claims and expenses, including attorneys’ fees, arising out of your use of this Website, including but not limited to any use of this Website that is not authorized by these Terms and any claim from a third party that your use of this Website violates any applicable law or regulation. In addition, you will pay any judgment awarded against Beanstalk or any settlement agreed to by you, and any authorized expenses incurred by us. Beanstalk reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Beanstalk in asserting any available defenses.
Copyright © 2022. Beanstalk Games, LLC. All rights reserved.