Effective Date: August 14, 2010
Last Revised: April 2, 2012
- Member Account, Password, and Security. If you are required to establish a Member Account, you must maintain the confidentiality of your user name and password. You are solely responsible for any and all use of your Member Account, whether by you or any people using your Member Account. You agree to immediately notify Beanstalk of any unauthorized use of your Member Account (including your user name and password) or any other breach of security. Although Beanstalk will not be liable for your losses caused by any unauthorized use of your Member Account (including your user name and password), you may be liable for the losses of Beanstalk or others due to such unauthorized use. Beanstalk is not responsible for and you waive any obligation of Beanstalk in connection with: the verification or authentication of the identity of any Member who accesses the Service or any misuse of your Registration Data, including any claims of identity theft. You may not access another Member’s Member Account without permission or disclosing your password to any third party or permitting any third party to access your account.
- Member Content. The Community may allow you to post information, send on-site private messages, provide feedback and comments, and otherwise interact with other Members, either through postings or by interacting in real-time. As a condition of your being permitted to create a Member Account, you agree to abide by any and all rules that we publish in connection with the Community from time to time and at our sole discretion, including but not limited to, any prohibitions on use of the Community for any unlawful purpose and the Community Guidelines set forth below. In compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) and Section 230 of the Communications Decency Act, Beanstalk reserves the right, but not the obligation, to conduct a limited review of all Member Content for the sole purpose of identifying and rejecting Member Content containing content which is in violation of the “Community Guidelines” set forth in Section 9 below. Beanstalk has no liability for any information, comment, remark or content made available in the Community by another Member. You acknowledge that all information, data, text, opinions, photographs, graphics, messages, or other materials opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community (“Member Comment”)are the sole responsibility their respective authors who are solely liable as the publisher thereof. If you post Member Content via the Website, you shall, and hereby do, agree and acknowledge that such Member Content resides on Beanstalk's systems, networks, or servers solely at your direction in accordance with restrictions imposed on us as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998. This means that you, and not Beanstalk, are entirely responsible for all Member Content that you upload, post, transmit or otherwise make available via the Community, including any personally identifying information you post and for any logos or marks of any persons, entities and/or companies included in such Member Content. Beanstalk does not endorse, approve or otherwise assume any responsibility for any Member Content, including any advice or recommendation. By using the Community, you may be exposed to Member Content that is offensive, indecent, harmful, inaccurate, deceptive, or objectionable. Under no circumstances will Beanstalk be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, transmitted or otherwise made available via the Community. You agree that you must evaluate and bear all risks associated with the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. Please be aware that the Community is public and, as such, you acknowledge that you have no expectation of privacy with respect to any Comment you submit; if you post any personal information, you may receive unsolicited messages from other Members. Beanstalk reserves the right, but not the obligation, in its sole discretion, to refuse to post or remove any Member Content at any time for any reason. When you post Member Content on the Service, your user name may be visible to other Members and attached to the Member Content that you posted. Please be aware that if you post personal information online that is accessible to other Members, you may receive unsolicited messages from such Members. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use, copy, store, publish, display, and distribute any Member Content you post via the Website or Community or have the written consent, release, and permission of each and every identifiable individual person included in such Member Content to use their name or likeness. The functionality provided to you by Community and the Website is not an archive and Beanstalk shall have no liability to you or any other person for loss, damage, or destruction to your Member Content, Registration Data, or any other information submitted by you. You are solely responsible for preventing any loss or damage to and (maintaining independent archival and backup copies of any Member Content you submit.
- License Grant to Member Content. By submitting Member Content to the Community, you grant, to Beanstalk, its affiliates and its and their and successor’s and assigns, a worldwide, exclusive, royalty-free, sublicenseable, perpetual and transferable license to use, host, reproduce, distribute, combine with information provided by third-parties, prepare derivative works of, display, and perform the Member Content, alone, or as a part of other works, in any form, media, or technology, whether now known or hereafter developed, including, without limitation, (a) the right to modify, publish, prepare derivative works from, and publicly display the Member Content, alone or as part of any other work, in any form, media, or technology, whether now known or hereafter developed, and (b) the exclusive right to license or otherwise transfer any or all such rights to any other party. Beanstalk may use any Member Content or license such Member Content to others for any purpose, including, without limitation, for reproduction, disclosure, transmission, publication, broadcast and posting. No compensation will be paid or due you with respect to such use of the Member Content.
- Community Guidelines. In addition to any other rules or restrictions which we may impose at any time in our sole discretion, you may not post, upload, transmit or otherwise make available via the Community, any Member Content that:
(a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) solicits personal information from anyone;
(c) publicly posts private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers information, or that otherwise poses or creates a privacy or security risk to any person;
(d) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(f) constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spimming,” “spamming,” or “pyramid schemes”;
(g) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(h) constitutes, furthers, promotes, or provides instructions for any criminal or illegal activity or enterprise, violates the rights of any party, or otherwise creates liability or violates any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone's privacy, or providing or creating computer viruses;
(i) solicits passwords or personal identifying information from other Members;
(j) involves commercial activities, political campaigning, and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(k) includes any information, photograph, or video of another person that you have posted without that person’s consent;
(l) is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(m) infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any third-party;
(n) you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(o) contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(p) that is unrelated to the topic of the Community; or
(q) that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying Community or the Website, or which may expose Beanstalk or its affiliates or its customers to any harm or liability of any type.
- Limitations on Use. You shall not engage in any of the following activities in connection with your use of the Website, Community, or Software (collectively, the “Beanstalk Services”):
- criminal, illegal, or tortious activity;
- advertising, political campaigning, fundraising, or solicitation, of any kind;
- circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures or technology that is part of or related to the Beanstalk Services;
- activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- any automated use of the Beanstalk Services;
- damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party’s use and enjoyment of the Beanstalk Services;
- impersonating or attempting to impersonate another Member, person or entity;
- using any information obtained from the Beanstalk Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;
- take any steps to interfere with or in any manner compromise any security measures employed by the Beanstalk Services;
- use the Beanstalk Services for fraudulent purposes;
- collect any information about other Members;
- sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Beanstalks Services, your Member Account, or your password to any third-party;
- engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information from the Service; or
- attempt to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Service or the Software, or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service or the Software.
- Intellectual Property Ownership. Unless otherwise noted, the Software, all text, content and documents on the Website and Community, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website and the Community, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website and Community, including Member Content submitted by other Members (the “Content”) are owned by Beanstalk or used with permission or under license from a third party, including other Members, (collectively, “Content Suppliers”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Beanstalk and you, all right, title and interest in and to the Beanstalk Services and any Content (excluding Member Content submitted by you) will remain the sole property of Beanstalk and/or the applicable Content Supplier. You may not copy, use, or incorporate any Content, including any artwork, trademarks or logos, into any other work, including your own site, or use such Content in any other public or commercial manner
- Information for California Residents. You may contact Beanstalk with complaints or to request additional information. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
- Copyright Infringement. If you believe that any Content infringes your intellectual property rights, please send Beanstalk’s Copyright Agent a notification of claimed infringement with the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Beanstalk’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Beanstalk Foundation, 952 Logan St, Denver, CO 80203]; Phone: 303-592-4900; Facsimile: 303-592-4912; Attn: Copyright Agent. Beanstalk’s Copyright Agent for notification of claimed infringement can also be reached electronically at email@example.com. For clarity, only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Beanstalk to be authorized to remove any Content, your notice must comply with all of the requirements of this Section.
- DISCLAIMER OF WARRANTIES.YOUR USE OF THE BEANSTALK SERVICES, AND ANY PORTION THEREOF, IS AT YOUR SOLE RISK. THE WEBSITE, COMMUNITY, AND SOFTWARE, AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH SUCH, ARE PROVIDED, “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Should applicable law not permit the foregoing exclusion of express or implied warranties, then BEANSTALK hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from BEANSTALK, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. BEANSTALK AND BEANSTALK’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT THE BEANSTALK SERVICES, OR ANY PORTION THEREOF: (i) WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iii) OR WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BEANSTALK SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- No Framing; Links; Third Party Sites. Framing, in-line linking or other methods of association with the Community or Website are expressly prohibited without prior written approval from Beanstalk.
By electing to make a donation to Beanstalk Foundation, you agree to be bound by the following terms and conditions of your gift. If you do not agree or cannot comply with any of the terms and conditions, do not proceed with a donation.
Terms of your gift:
Your donation is to Beanstalk Foundation (“Beanstalk”), an organization that has been recognized by the Internal Revenue Service (“IRS”) as an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code (the “Code), and a “public charity” under Section 509(a)(1) of the Code. Your donation is immediate and irrevocable. Accordingly, Beanstalk cannot refund your donation in the future. Your donation to Beanstalk may entitle you to certain income tax benefits, to the extent provided under the federal tax laws. Please consult with your own tax advisor regarding the exact nature of the benefits that are available to you.
If you make a contribution to a particular Project or Challenge, you are expressing your wish that Beanstalk use your donation to address a particular area of “Community Need”. Accordingly, Beanstalk will use your donation in a manner designed to address that Community Need, including but not limited to: (1) grants made to individuals or families who fit within the Community Need, lack financial resources, and qualify for financial assistance; (2) grants made to other Section 501(c)(3) tax-exempt organizations, where such organizations will use the grants to undertake activities designed to directly address the Community Need; or (3) grants made to additional organizations, where such organizations will be required to use such grants in a manner designed to directly address the Community Need. However, Beanstalk cannot guarantee that your donation will be used to benefit a particular family or individual, or used to assist any particular organization. In addition, Beanstalk retains exclusive legal control over your donation, and will have discretion to determine how your donation will be used to address the Community Need. If at any time Beanstalk determines in its sole discretion that the purpose of a particular Project or Challenge can or should no longer be accomplished, or that a particular Community Need has been sufficiently addressed through prior assistance or otherwise, Beanstalk reserves the right to use your donation to support other Projects, Challenges or Community Needs as may be determined by Beanstalk.
If you make a general donation to Beanstalk, your donation will be used by Beanstalk to fund its general operational expenses or to support charitable causes within the community (including but not limited to existing Beanstalk Projects and Challenges) , each as may be determined by Beanstalk in its sole discretion.
By clicking the "I Agree" button during the sign-up process for donations, the following additional terms apply to those users who donate to a Project, Challenge or directly to Beanstalk Foundation on the Sites ("Donor").
By becoming a Donor, you promise that:
1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
2. All information you provide to BSF is accurate
3. Any donation you make is legal in your jurisdiction.
1. Purchasers of Giving Cards, or the cardholder, may only designate future contributions (up to the value of the Giving Card) to those Projects that are currently recognized by the IRS as Section 501(c)(3) tax-exempt organizations.
2. The purchaser of the Giving Card acknowledges that by purchasing the Giving Card, he/she is making a donation to Beanstalk. The purchaser (“Donor”) agrees that the Giving Card may only be used to support Beanstalk Projects that are Section 501(c)(3) tax-exempt organizations, public charities (“Eligible Projects”).
3. In designating Beanstalk support to be given to [Specific Project], Cardholder hereby confirms that neither the cardholder nor the original purchaser, nor their family members can be an officer, director or member of the Board of Directors of the receiving 501(c)(3) organization.