1. Ownership of Content. The Site and all of its contents including,
but not limited to, all text and images ("Content") are owned
and copyrighted by True Beans, its subsidiaries, sponsors or affiliated
companies (collectively, "Affiliated Entities") or others with
all rights reserved unless otherwise noted. Any Content that is a trademark,
logo or service mark is also a registered and unregistered trademark of True
Beans or others. Your use of any Content, except as provided in these Terms of
Use, without the written permission of the Content the lawful owner is
strictly prohibited. You are also advised that True Beans will aggressively
enforce its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution. The only Content you may
download from this Site is Content included in a Submission (as defined below)
or other Content expressly made available for downloading. You may download
Content expressly made available for downloading and Content included in a
Submission for non-commercial, personal use, and provided that you also retain
all copyright and other proprietary notices contained on the Content. You may
not distribute, modify, copy, transmit, display, reuse, reproduce, publish,
license, create derivative works from, transfer, sell or otherwise use Content
without True Beans’ written permission.
2. Your Use of the Site. True Beans grants you permission to use the
Site as follows:
- This Site may contain various forms or questionnaires, in which True
Beans invites users of the Site to submit user-generated content or feedback
for display on this Site (a "Submission"). Each Submission
must comply with the specific terms and conditions applicable to such
Submission, as the same may be amended from time to time by True Beans. All
Submissions become Content that is owned by True Beans.
- You are prohibited from using the Site to post or transmit any
infringing, threatening, false, misleading, abusive, harassing, libelous,
defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offence, give rise to civil liability or
otherwise violate any law. True Beans will fully co-operate with any law
enforcement authorities or any court order requesting or directing True
Beans to disclose the identity of anyone posting or transmitting any such
information or materials;
- You are prohibited from using the Site to advertise or perform any
commercial solicitation, or otherwise exploiting for any commercial purposes
any portion of, use of or access to the Site.
- You are prohibited from using the Site to post or transmit any virus,
spyware or other computer code, file or program that is harmful or invasive
or may or is intended to damage or hijack the operation of, or to monitor
the use of, any hardware, software or equipment;
- You are prohibited from using the Site to violate the legal rights of
others or harvest or collect personally identifiable information about users
of the Site;
- You are prohibited from restricting or inhibiting any other person from
use of the Site, and from interfering with or disrupting the operation of
the Site or the servers or networks used to make the Site available or
violating any requirements, procedures, policies or regulations of such
networks;
- You are prohibited from modifying, adapting, translation, reverse
engineering, decompiling or disassembling any portion of the Site.
3. Services and User Content. True Beans may from time to time
provide users of the Site with access to certain specialized content and
interactive services through which you are able to display or post information
and materials (such content and services, collectively, the "Services").
The Services, the information and materials made available through the Site
and all software used to make the Site available are and shall remain the
property of True Beans and its licensors and suppliers, and are protected by
copyright, trademark, and/or other proprietary rights and laws. Except as
otherwise expressly authorized in writing in advance by True Beans, you agree
not to reproduce, modify, rent, lease, loan, sell, distribute, adapt,
translate, create derivative works based (whether in whole or in part) on, all
or any part of the Site, or any materials made available through the Site.
With respect to information or materials, other than Submissions, that is
submitted to True Beans for the purpose of displaying or posting on the Site
("User Content"), you grant True Beans and the Affiliated
Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual,
irrevocable right and license, without compensation to you: (a) to use,
reproduce, distribute, adapt (including without limitation edit, modify,
translate, and reformat), derive, transmit, display and perform, publicly or
otherwise, such User Content (including without limitation your voice or
likeness as embodied in such User Content), in any media now known or
hereafter developed, for True Beans' and the Affiliated Entities' business
purposes, and (b) to sublicense the foregoing rights, through multiple tiers,
to the maximum extent permitted by applicable law. The foregoing licenses
shall survive termination of this Agreement for any reason. For each item of
User Content, you represent and warrant that you have all rights necessary for
you to grant the licenses granted in this section (including without
limitation rights in any musical compositions and/or sound recordings embodied
or embedded in any User Content), and that such User Content (as applicable),
and your provision or creation thereof through the Site, complies with all
applicable laws, rules and regulations and does not infringe or otherwise
violate the copyright, trademark, trade secret, privacy or other intellectual
property or other rights of any third party. You further irrevocably waive any
"moral rights" or other rights with respect to attribution of authorship or
integrity of materials regarding each item of User Content that you may have
under any applicable law under any legal theory.
For any Submissions and User Content, you acknowledge and agree that: (a)
True Beans reserves the right (but has no obligation) to evaluate each
Submission and all User Content before allowing it to be posted on the Site or
otherwise stored in connection with the Site; and (b) may do one or all of the
following, at its discretion: (i) monitor Submissions and User Content; (ii)
alter, remove, or refuse to post or allow to be posted or stored any
Submission or User Content; (iii) monitor and/or filter any of your
communications through the Site (including without limitation by means of
blocking or replacing expletives or other language that may be deemed harmful
or offensive); and/or (iv) disclose any Submissions, User Content or any
communication through the Site, and the circumstances surrounding the
transmission thereof, to any third party in order to operate the Site; to
protect True Beans, the Affiliated Entities, and their respective sponsors,
employees, officers, directors, members, managers, agents, representatives and
affiliates, and the Site's users and visitors; to comply with legal
obligations or governmental requests; to enforce these Terms of Use; or for
any other reason or purpose. In addition, True Beans has no control over, and
True Beans and the Affiliated Entities shall have no liability for any damages
resulting from, the use (including without limitation re-publication) or
misuse by any third party of information voluntarily made public through any
Submission, any User Content or any other part of the Site.
Please note that other Site visitors may post messages or make statements
in the Services that are inaccurate, misleading, deceptive, or offensive. True
Beans and the Affiliated Entities neither endorse nor are responsible for any
opinion, advice, information or statements made in any Services by third
parties. Without limitation, True Beans and the Affiliated Entities are not
responsible for any information or materials made available through the
Services (including without limitation errors or omissions in postings or
links or images embedded in messages or profiles) or results obtained by using
any such information or materials. Under no circumstances will True Beans, the
Affiliated Entities, or their respective employees, officers, directors,
shareholders, agents, representatives or affiliates, be liable for any loss or
damage caused by your reliance on such information or materials. The opinions
expressed in the Services reflect solely the opinions of the individuals who
submitted such opinions, and may not reflect the opinions of True Beans or any
Affiliated Entity.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER
INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR IN ANY USER CONTENT, YOU DO
SO AT YOUR OWN RISK.
4. Registration; User Names and Passwords. You may be required to
register with True Beans in order to access certain areas of the Site. With
regard to any such registration, we may refuse to grant you, and you may not
use, a user name (or e-mail address) that is already being used by someone
else; that may be construed as impersonating another person; that belongs to
another person; that violates the intellectual property or other rights of any
person; that is offensive; or that we reject for any other reason in our sole
discretion. You are responsible for maintaining the confidentiality of any
password you may use to access the Site, and agree not to transfer your
password or user name, or lend or otherwise transfer your use of or access to
the Site, to any third party. You are fully responsible for all interaction
with the Site that occurs in connection with your password or user name. You
agree to immediately notify True Beans of any unauthorized use of your
password or user name or any other breach of security related to your account
or the Site, and to ensure that you "log off"/exit from your account with the
Site (if applicable) at the end of each session. We are not liable for any
loss or damage arising from your failure to comply with any of the foregoing
obligations.
5. Privacy. Any personal data (for example, your name, address,
telephone number or e-mail address) you transmit to the Site by electronic
mail or otherwise will be used by True Beans in accordance with the Site's
Privacy Policy as posted. Any other communication or material you transmit to
the Site, such as questions, comments, suggestions or the like, will be
treated as non-confidential and non-proprietary. Email and other transmissions
will not be encrypted or otherwise secured. You represent and warrant that any
information you provide in connection with your use of the Site is and shall
remain true, accurate and complete, and that you will maintain and update such
information regularly. You agree that if any information you provide is false,
inaccurate, obsolete or incomplete, we may terminate your use of the Site.
6. Disclaimer of Warranties. THE SITE AND ALL, SERVICES, CONTENT AND
USER CONTENT MADE AVAILABLE THROUGH THE SITE ARE SUBJECT TO CHANGE AND ARE
PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Without
limiting the foregoing, True Beans neither warrants nor represents that your
use of the Site, any Services, Content or User Content will not infringe the
rights of any third parties nor that any of the foregoing will be accurate,
complete or up-to-date. Additionally, with reference to any postings,
submissions and the like that may be on the Site, True Beans assumes no
responsibility or liability arising from any infringing, threatening, false,
misleading, abusive, harassing, libelous, defamatory, vulgar, obscene,
scandalous, inflammatory, pornographic or profane material, or any material
that could constitute or encourage conduct that would be considered a criminal
offence, give rise to civil liability or otherwise violate any law, contained
in any such locations on the Site.
7. Exclusion of Liability. YOUR USE OF THE SITE OR ANY SERVICES OR
MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER TRUE BEANS,
NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING OR DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, LICENSORS AND REPRESENTATIVES,
ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SITE, THE SERVICES, CONTENT OR USER CONTENT
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF
SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE
SITE, THE SERVICES, CONTENT OR USER CONTENT, OR UNAUTHORIZED INTERCEPTION OF
ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH
DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER TRUE BEANS
NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING
FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR SOFTWARE, OR
RESULTING FROM ANY CONTENT OR USER CONTENT POSTED ON THE SITE BY TRUE BEANS OR
ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP
USING THE SITE. Please note that some jurisdictions may not allow the
exclusion of certain damages, so some of the above exclusions may not apply to
you.
8. Links to Third Party Sites. The Site may contain links to sites
owned or operated by parties other than True Beans. Such links are provided
for your convenience only. True Beans does not control, and is not responsible
for, the content or privacy policies on, or the security of, such sites.
Without limiting the foregoing, True Beans specifically disclaims any
responsibility if such sites: (i) infringe any third party's intellectual
property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not
merchantable or fit for a particular purpose; (iv) do not provide adequate
security; (v) contain viruses or other items of a destructive nature; or (iv)
are libelous or defamatory.
True Beans does not endorse the content, or any products or services
available, on such sites. If you establish a link to such sites, you do so at
your own risk and without the permission of True Beans.
9. Cautionary Language Regarding Forward-Looking Statements. This
Site may contain statements, estimates or projections that constitute
"forward-looking statements" as defined under U.S. federal securities laws.
Generally, the words "believe", "expect", "intend", "estimate", "anticipate",
"project", "will" and similar expressions identify forward-looking statements,
which generally are not historical in nature. Forward-looking statements are
subject to certain risks and uncertainties that could cause actual results to
differ materially from True Beans' historical experience and our present
expectations or projections. You should not place undue reliance on
forward-looking statements, which speak only as of the date they are made.
True Beans undertakes no obligation to publicly update or revise any
forward-looking statements.
10. Indemnity. You agree to defend, indemnify and hold harmless True
Beans, the Affiliated Entities and any other party involved in creating,
producing or delivering the Site, and their respective directors, officers,
employees, agents, shareholders, licensors and representatives, from and
against all claims, losses, costs and expenses (including without limitation
lawyers' fees) arising out of (a) your use of, or activities in connection
with, the Site or the Services; (b) any violation of these Terms of Use by you
or through your account; or (c) any allegation that any Submission or User
Content that you make available or create through the Site or the Services
infringes or otherwise violates the copyright, trademark, trade secret,
privacy or other intellectual property or other rights of any third party.
11. Termination. You agree that True Beans, in its sole discretion,
may terminate your access to or use of the Site and the Services, at any time
and for any reason, including without limitation if True Beans believes that
you have violated or acted inconsistently with the letter or spirit of these
Terms of Use. Upon any such termination, your right to use the Site and the
Services will immediately cease. You agree that any termination of your access
to or use of the Site may be effected without prior notice, and that True
Beans may immediately de-activate or delete your account, and all related
information and files associated with it, and/or bar any further access to
such information or files. You agree that neither True Beans nor any
Affiliated Entity will be liable to you or any third party for any termination
of your access to the Site or to any such information or files, or will be
required to make such information or files available to you after any such
termination.
12. Revisions to the Terms. True Beans may at any time, and without
notice, revise these Terms of Use by updating this posting. You are bound by
any such revisions and should therefore periodically visit this page to review
the current Terms of Use. You can determine when these Terms of Use were last
revised by referring to the "LAST UPDATED" legend at the top of this document.
All content and services made available through the Site that were not made
available as of the "LAST UPDATED" date above shall automatically be deemed to
be part of the Services when first made available through the Site. When using
any Services on the Site, you agree that you are subject to any additional
posted guidelines, rules, terms and conditions applicable to such Services,
which rules, terms and conditions are hereby incorporated by reference into
these Terms of Use.
13. Revisions to the Site. We reserve the right, at any time and
from time to time, temporarily or permanently, in whole or in part, to: modify
or discontinue the Site or the Services, with or without notice; limit the
Site's availability to any person, geographic area or jurisdiction we choose;
charge fees in connection with the use of the Site; modify and/or waive any
fees charged in connection with the Site; and/or offer opportunities to some
or all users of the Site. You agree that neither we nor any Affiliated Entity
shall be liable to you or to any third party for any modification, suspension
or discontinuance of the Site, in whole or in part, or of any Service,
content, Submission, feature or product offered through the Site. Your
continued use of the Site after such changes will indicate your acceptance of
such changes.
14. Law and Jurisdiction. These Terms of Use and your use of the
Site are governed by the laws of the State of California, USA, without regard
to its choice of law provisions. The courts of general jurisdiction located
within Los Angeles County, California, USA, will have exclusive jurisdiction
over any and all disputes arising out of, relating to or concerning these
Terms of Use and/or the Site or in which these Terms of Use and/or the Site
are a material fact, and you waive any jurisdictional, venue or inconvenient
forum objections to such courts. These Terms of Use and your use of the Site
are governed by the laws of the State of California, USA, without regard to
its choice of law provisions. The courts of general jurisdiction located
within Los Angeles, California, USA will have exclusive jurisdiction over any
and all disputes arising out of, relating to or concerning these Terms of Use
and/or the Site or in which these Terms of Use and/or the Site are a material
fact, and you waive any jurisdictional, venue or inconvenient forum objections
to such courts.
15. Severability. If any provision of these Terms of Use found to be
unlawful, void or for any reason unenforceable, that provision will be deemed
severable from these Terms of Use and will not affect the validity and
enforceability of any remaining provision.
16. Rules for Contests, Raffles, Surveys and Similar Promotions. Any
contests, raffles, surveys, or similar promotions made available through the
Site will be governed by specific rules that are separate from these Terms of
Use. By participating in any such competition, raffle, survey or promotion,
you will become subject to those rules, which may vary from the terms and
conditions set forth herein. True Beans urges you to read the applicable
rules, which are linked from the particular activity, and to review our
Privacy Policy which, in addition to these Terms of Use, governs any
information you submit in connection with such activities.
17. Claims of Copyright Infringement. The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights under
U.S. copyright law. If you believe in good faith that materials available on
the Site infringe your copyright, you (or your agent) may send True Beans a
notice requesting that True Beans remove the material or block access to it.
If you believe in good faith that someone has wrongly filed a notice of
copyright infringement against you, the DMCA permits you to send True Beans a
counter-notice. Notices and counter- notices must meet the then-current
statutory requirements imposed by the DMCA. Notices and counter-notices should
be sent to: Dennis J. Loput, Jr., Esq., 310 Golden Shore, #300, Long Beach,
California 90802; Email:
legal@truebeans.com.
18. Information or Complaints. If you have a question or complaint
regarding the Site, please send an e-mail to
(service@truebeans.com). You may
also contact us by writing to True Beans at 310 Golden Shore, #300, Long
Beach, California 90802, or by calling us at 562.216.1620.
19. Void Where Prohibited. Although this Site is accessible
worldwide, not all services discussed or referenced in this website are
available to all persons or in all geographic locations or jurisdictions. In
addition, not all persons may be able to participate in contests, raffles,
surveys or similar promotions made available through the Site. We reserve the
right to limit the availability of this Site and/or the provision of any
service to any person, geographic area or jurisdiction we so desire, at any
time and in our sole discretion.