These Terms and Conditions of Use ("Terms and Conditions") apply to your use and registration on beans.lat (the "Site").
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SITE
Your access, browsing, review, and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you accept these Terms and Conditions, without limitation or reservation. If you do not agree with the Terms and Conditions, do not use the Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Site.
RIGHT TO CHANGE, MODIFY, OR DELETE THE TERMS AND CONDITIONS
BEANS reserves the right to change, modify, add, or remove portions of the Terms and Conditions at any time, without prior notice. Please review the Terms and Conditions periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.
PRIVACY
Please refer to BEANS' Privacy Policy for information on the collection, use, and storage of users' information by the Company.
COPYRIGHT AND USE OF SITE CONTENT
This Site and all the information it contains, or may contain in the future, including but not limited to articles, memorandums, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks, and logos (collectively, the "Content"), is the property of BEANS, and is protected against unauthorized copying and dissemination by copyright laws of Peru, trademark laws, international conventions, and other intellectual property laws. Some of the marks and logos displayed on the site are the property of third parties. Except as described in these Terms of Use, nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of BEANS or such third party that may own the trademark or copyright of material displayed on this Site.
BEANS encourages and permits links to Content on the Site. However, BEANS is an organization committed to the highest professional standards. Therefore, BEANS does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that BEANS promotes or endorses any third party's causes, ideas, political campaigns, websites, products, or services, (b) copies, displays, disseminates, or otherwise uses the Content without the express written consent of BEANS, or (c) uses the Content for commercial purposes. Furthermore, BEANS does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms of Use). We reserve the right to withdraw permission for any link at any time.
Subject to your full compliance with these terms, BEANS authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own legal, personal, and non-commercial use, provided you maintain all copyright, trademark, and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
RESPONSES TO ONLINE REQUESTS
From time to time, BEANS may offer to provide information or materials via email or otherwise to interested persons. BEANS reserves the right, in its absolute discretion, to reject any request for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
PROHIBITED CONDUCT
You may use the Site only for lawful purposes. You may not upload to the Site, nor distribute nor publish through the Site, any Content that is any of the following:
defamatory, libelous, obscene, pornographic, abusive, harassing, or threatening, or otherwise objectionable to BEANS at the sole discretion of the Company;contains computer viruses, worms, moles, or other contaminating or destructive elements;violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity;contains any false or misleading statement;contains advertising;or otherwise violates any applicable criminal or civil law. You may not use the Site for any commercial purpose and may not distribute through the Site any solicitation of funds, goods, and services. In addition, you may not use the Site to solicit subscribers to join other online information services competitive with the Site.
CONTENT MANAGEMENT AND REMOVAL
BEANS prohibits the posting of any information that infringes or violates the copyright and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such right that you are responsible for enforcing) is infringed by any content on the Site, please write to BEANS at the address provided below, providing a written statement containing the following information: (a) an identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) an identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an email address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the owner of the intellectual property right or of someone authorized on behalf of the owner to assert infringement of the right. BEANS will remove any postings that infringe the copyright or other intellectual property right of any person under the laws of Peru upon receiving such a statement (or any statement in compliance with Legislative Decree 822). The law of Peru provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or illegal material will be prohibited from posting further submissions.
NO ENDORSEMENT
BEANS does not represent nor endorse the accuracy or reliability of any User Content displayed, uploaded, posted on any message board, or distributed through the Site by any subscriber, information provider, or any other third party. BEANS expressly disclaims any liability related to User Content, and you acknowledge that any reliance on such User Content will be at your own risk.
The Site may contain links to internet sites that are owned and operated by third parties (the "External Sites"). You acknowledge that BEANS is not responsible for the availability of, or the content or software applications located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or External Sites.
SUBSCRIBER QUALIFICATIONS
When registering or applying to BEANS, you must provide accurate, complete, and up-to-date registration information and agree to provide BEANS with any updates to that information promptly after such changes occur.
Individual subscriptions to the Site are available only to persons who are at least 18 years of age. Minors may receive access keys or user ID/passwords only as part of an authorized group subscription. Your right to use the Site is personal to you and may not be transferred to any other person.
You will be responsible for obtaining communication services, computer equipment, and other products or services necessary to access and use the Site. You will be responsible for all charges associated with accessing and maintaining a connection to the Site, including, but not limited to, charges imposed by an internet service provider or your local telephone company.
REGISTRANT INFORMATION
Unless you opt otherwise by making the appropriate selection on the BEANS personal information page, BEANS has the right to disclose certain limited registrant information including, but not limited to, the registrant's name, email, and postal address, to affiliates, partners, and third-party vendors for the purpose of providing registrants with information about products and services. BEANS also has the right to disclose aggregate information about the registrant's usage and demographics in a manner that does not reveal the personal identity of any individual registrant. BEANS has the right to send you email to inform you of changes or additions to the Site, or of any BEANS products and services. For additional information, see the Company's Privacy Policy.
THIRD PARTIES
BEANS may provide you with links to third-party websites, and some of the Content appearing to originate from the Site may be supplied by third-party content providers. BEANS has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
ACCESS TO AND AVAILABILITY OF THE SITE
The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You will be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, trojan horse, or any other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.
RESTRICTION, SUSPENSION, OR TERMINATION
BEANS reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.
BEANS may change, suspend, or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content of the Site, without prior notice or liability.
DISCLAIMERS
THE SITE AND THE CONTENT ARE DISTRIBUTED "AS IS, AS AVAILABLE." NEITHER BEANS, THIRD-PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER BEANS NOR ANY THIRD-PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES BEANS, ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR". Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL BEANS, ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BEANS, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless BEANS and all its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives, licensors, and information providers (collectively, the "BEANS Representatives") from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by BEANS or any BEANS Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and Conditions, or the representations, warranties, and covenants you made by accepting these Terms and Conditions. BEANS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with BEANS's defense of such claim. Choice of Law.
The Terms and Conditions shall be interpreted in accordance with the laws of Peru, without regard to the principles of conflict of laws.
ENTIRE AGREEMENT
The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements between the parties with respect to such subject matter.
NO AMENDMENT OR WAIVER
The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by any party shall be deemed a waiver of any prior or subsequent default or failure of performance, unless such waiver is in writing and signed by an authorized representative of BEANS.