Terms Of Service
1. Introduction
1.1. These Terms and Conditions (“Terms”, "Terms Of Service", "Terms And Conditions", "TOS") are a legally binding agreement between you (“you,” “user,” or “participant”) and Bean Collection and Bean Development (“we,” “us,” or “our”). These Terms govern your access to and use of all products and services that we operate now or in the future under the Bean Collection and Bean Development brands (collectively, the “Services”).
1.2. The Services include, without limitation: all websites and web pages we operate (including beancollection.online and beandevelopment.org and any successor or related domains); all online game servers and game services we host or manage; all communications platforms and community spaces we operate or manage (including but not limited to Discord servers, forums, chats, and voice channels); all storefronts, donation portals, and purchasing mechanisms; all software, code, content, designs, artwork, logos, trademarks, and documentation we provide; and any other platform, application, integration, or service we make available now or in the future.
1.3. By accessing, visiting, installing, downloading, registering for, linking accounts to, purchasing from, donating through, or otherwise using any part of the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms, our End User License Agreement (EULA), and our Privacy Policy (collectively, the “Agreement”). If you do not agree, you must not access or use the Services.
1.4. In the event of a direct conflict between these Terms and the EULA, the EULA will control with respect to licensing, intellectual property ownership, and prohibited conduct. These Terms govern all other aspects of your relationship with us, including payment, arbitration, and dispute resolution.
2. Data Collection and Scope
2.1. By accessing or using the Services, you acknowledge and agree that we may collect, process, and store data related to your use of the Services. Categories of data may include identifiers, account data, usage and activity data, communications, content, and transactional information, whether collected directly by us or through integrated third-party platforms.
2.2. Data is collected and processed for operational, administrative, security, legal, and community purposes, including but not limited to: authentication, fraud prevention, rule enforcement, analytics, dispute resolution, and improvement of the Services.
2.3. The Privacy Policy, as amended from time to time, is the authoritative source for details about:
The specific categories of data collected;
Methods of collection and use;
Data retention, deletion, and anonymization practices;
Your rights regarding access, correction, and deletion; and
How we comply with applicable laws such as the GDPR and CCPA.
2.4. By agreeing to these Terms, you also agree to the Privacy Policy. Any updates to the Privacy Policy automatically apply to this Agreement, without the need for amendment of these Terms.
2.5. If you revoke your consent to data collection or processing as described in the Privacy Policy, your access to the Services may be suspended or terminated, consistent with the EULA.
3. Purpose of Data Collection
3.1. Data collected through or in connection with the Services is used for operational, administrative, legal, and community purposes. Such purposes include, but are not limited to:
3.1.1. Validating identities, accounts, and access rights across platforms;
3.1.2. Enforcing community rules, investigating violations, and protecting the integrity of the Services;
3.1.3. Maintaining security, preventing fraud, and detecting unauthorized access or modifications;
3.1.4. Conducting analytics, improving functionality, and developing new features;
3.1.5. Facilitating dispute resolution, responding to legal inquiries, and complying with applicable law.
3.2. The specific purposes for which we collect and process data may evolve over time. The Privacy Policy is the authoritative and updated source for the current purposes of collection and processing, and it is incorporated by reference into these Terms.
4. Data Access and Third-Party Sharing
4.1. Access to user data is restricted to authorized personnel, contractors, or service providers who require such access to perform legitimate operational, administrative, or security functions. All such access is subject to confidentiality and security obligations.
4.2. We do not sell, lease, or rent your personal data to third parties.
4.3. We may share data with trusted third-party providers or partners for purposes including, but not limited to:
Hosting, infrastructure, or storage services;
Payment processing and fraud prevention;
Analytics, security monitoring, and technical support;
Legal, compliance, and enforcement assistance.
4.4. Any data shared with third parties will be limited to what is reasonably necessary for the relevant purpose and, to the maximum extent of our technical and legal ability, will be anonymized or aggregated prior to disclosure.
4.5. We may disclose data when required by law, regulation, legal process, or governmental request, or when necessary to protect the safety, property, or rights of Bean Collection, Bean Development, our community, or others.
4.6. Further details about data access and sharing practices are described in our Privacy Policy, which is incorporated by reference into these Terms and updated from time to time.
5. Arbitration for Dispute Resolution
5.1. Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved exclusively through binding arbitration.
5.2. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) then in effect, unless we specify a different arbitration body in writing. The arbitrator shall be mutually agreed upon or, if no agreement is reached, appointed under the rules of the AAA.
5.3. The place of arbitration shall be the state and county in which Bean Collection and Bean Development maintain their principal place of business as of the Effective Date of the most recent update to these Terms, with all dates and times interpreted in United States Central Time (CST/CDT, “Real Time”), unless otherwise required by law.
5.4. By agreeing to these Terms, you acknowledge and agree that you waive any right to:
5.4.1. A trial by jury; and
5.4.2. Participate in any class action, class-wide arbitration, or other representative proceeding against us.
5.5. The arbitration decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
5.6. If arbitration is determined to be unenforceable for any reason, then the exclusive venue and jurisdiction for any legal action shall be the state or federal courts located in the jurisdiction of our principal place of business as of the Effective Date of the most recent update to these Terms, with all dates and times interpreted in Real Time.
6. User-Generated Content (UGC) and Intellectual Property
6.1. Ownership of UGC. Any content, materials, modifications, code, designs, artwork, data, or other intellectual property (“UGC”) created, submitted, uploaded, or otherwise developed within, for, or through the use of the Services shall be deemed works made for hire and shall be the sole and exclusive property of Bean Collection and Bean Development.
To the extent that any UGC is not eligible to qualify as a work made for hire, you hereby irrevocably assign to Bean Collection and Bean Development all right, title, and interest in and to such UGC, including all intellectual property rights therein, and waive any moral rights, publicity rights, or similar rights you may have in such UGC, to the maximum extent permitted by law.
6.2. License for Shared Works. If you submit works that you created entirely outside the Services (e.g., fan art, personal mods, screenshots) but choose to share them within the Services, you retain ownership of those works. However, by sharing them within the Services, you grant us a worldwide, perpetual, royalty-free, sublicensable license to use, reproduce, display, distribute, and adapt such works for community, promotional, or operational purposes.
6.3. Ownership of Our Assets. All rights, title, and interest in and to the Services and all intellectual property contained therein—including without limitation “Bean Collection,” “Bean Development,” associated logos, names, text, artwork, software, code, designs, and trade dress—are owned by or licensed to us. Except for the limited license granted in Section 3 of the EULA, no license or rights are granted to you, and any unauthorized use is prohibited.
6.4. DMCA and Copyright Infringement. If you believe that any content within the Services infringes your copyright, you may submit a notice in compliance with the Digital Millennium Copyright Act (DMCA) or equivalent laws. Notices should be directed to:
Website: beancollection.online/contact
We will investigate and respond in accordance with applicable law.
6.5. Restrictions on Use of Our Marks. You may not use the names, logos, or branding of Bean Collection or Bean Development without our prior express written consent, except as permitted under applicable “fair use” law.
7. Termination of Access
7.1. We reserve the right, at our sole discretion and without prior notice or liability, to suspend, limit, or terminate your account, role, or access to some or all of the Services if we determine that you have:
7.1.1. Violated these Terms, the EULA, the Privacy Policy, or any other applicable rule, guideline, or policy;
7.1.2. Engaged in conduct that is unlawful, fraudulent, abusive, disruptive, or otherwise harmful to the Services or community;
7.1.3. Failed to comply with third-party platform terms as required under Section 5;
7.1.4. Misrepresented your age, eligibility, or account information;
7.1.5. Withdrawn your consent to data collection or processing as described in the Privacy Policy.
7.2. In addition to the grounds listed above, we may suspend, limit, or terminate your account, role, or access to the Services at any time, for any reason or no reason, at our sole discretion.
7.3. Upon suspension or termination:
7.3.1. All rights and licenses granted to you under these Terms and the EULA shall immediately cease;
7.3.2. We may disable or delete your accounts, characters, roles, or data associated with the Services, subject to applicable law and our Privacy Policy;
7.3.3. You remain responsible for any obligations or liabilities incurred before termination, including payment obligations, indemnification duties, and compliance with intellectual property restrictions.
7.4. We may, but are not obligated to, provide notice of termination or suspension, and we are not responsible for any loss of access, data, or content resulting from such action.
7.5. Termination may apply globally across all Services we operate now or in the future.
7.6. The following provisions survive any termination of this Agreement: Sections 1.7, 1.8, 2, 3, 4, 6, 7, 8, 9, 10, 11.2, 11.3, 11.4, 11.5, 11.6.
8. Indemnification
8.1. You agree to indemnify, defend, and hold harmless Bean Collection, Bean Development, and their affiliates, officers, directors, employees, contractors, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees and court costs) arising out of or related to:
8.1.1. Your breach of these Terms, the EULA, the Privacy Policy, or any other applicable policy or rule;
8.1.2. Your violation of any law, regulation, or third-party right;
8.1.3. Any UGC or content you submit, upload, or share through the Services, including claims of intellectual property infringement, defamation, or privacy violations;
8.1.4. Your use or misuse of the Services, including conduct that causes harm to other users, third parties, or the Indemnified Parties.
8.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under this Section. You agree to cooperate with us in defending such claims and not to settle any claim without our prior written consent.
8.3. This indemnification obligation shall survive any termination of your account, role, or access to the Services, and shall continue to apply to actions or claims arising after termination.
9. Limitation of Liability
9.1. To the fullest extent permitted by applicable law, neither Bean Collection nor Bean Development, nor their affiliates, officers, directors, employees, contractors, or agents, shall be liable for any damages of any kind arising out of or in connection with your access to or use of the Services, or your inability to access or use the Services.
9.2. This limitation applies to all forms of damages, whether direct, indirect, incidental, special, punitive, or consequential, including without limitation:
9.2.1. Loss of data, accounts, characters, virtual items, progress, or digital content;
9.2.2. Loss of revenue, profits, business opportunities, or goodwill;
9.2.3. Personal injury, emotional distress, property damage, or loss resulting from interruptions, errors, security breaches, or unauthorized access.
9.3. To the maximum extent permitted by law, our total aggregate liability to you for any and all claims relating to the Services will be limited to the greater of:
9.3.1. The total amount you have paid to us, if any, for access to or use of the Services during the three (3) months immediately preceding the claim; or
9.3.2. One hundred U.S. dollars (US $100).
9.4. The limitations in this Section apply whether the alleged liability is based on contract, tort, negligence, strict liability, statute, or any other legal theory, even if we have been advised of the possibility of such damages.
9.5. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10. Modifications to These Terms
10.1. We may update or modify these Terms and any incorporated policies at any time, in our sole discretion. We will indicate the “Effective Date” of the most recent version when updates are posted.
10.2. Changes are effective when posted, unless a later date is expressly stated. All dates and times shall be interpreted exclusively in the United States Central Time Zone (CST/CDT as applicable), which shall be referred to herein as “Real Time”.
10.3. The Effective Date of the most recent update also serves as the reference point for determining our principal place of business for purposes of Section 5 (Arbitration for Dispute Resolution) and Section 11 (Governing Law).
10.4. Your continued access to or use of the Services after the Effective Date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must immediately stop using the Services.
10.5. The most current version of these Terms will always be posted on:
11. Governing Law
11.1. These Terms, and any disputes arising out of or relating to them or the Services, shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Bean Collection and Bean Development maintain their principal place of business as of the Effective Date of the most recent update to these Terms, without regard to conflict of law principles.
11.2. Any dispute, claim, or controversy between you and us that arises out of or relates to these Terms or the Services shall be resolved exclusively through binding arbitration, in accordance with Section 5 (Arbitration for Dispute Resolution).
11.3. By agreeing to these Terms, you acknowledge and agree that you waive any right to:
11.3.1. A trial by jury; and
11.3.2. Participate in a class action, class-wide arbitration, or any other form of representative proceeding against us.
11.4. The arbitration decision shall be final and binding, and may be entered and enforced in any court of competent jurisdiction.
11.5. If arbitration is found to be unenforceable for any reason, then the exclusive venue and jurisdiction for any legal action shall be the state or federal courts located in the jurisdiction of our principal place of business as of the Effective Date of the most recent update to these Terms, with all dates and times interpreted in United States Central Time (CST/CDT, "Real Time").
12. Contact Information
12.1. For any questions, concerns, or notices regarding these Terms of Service or the Services, you may contact us through one of the following official channels:
12.1.1. Email: support@beancollection.online
12.1.2. Website contact page: https://beancollection.online/contact
12.1.3. Discord: Through the official Bean Collection Discord server (Link available through our website)
12.2. Communications sent to us through unofficial channels, including personal accounts of staff, moderators, or volunteers, shall not be considered valid notice under this Agreement.
12.3. We may update our official contact methods from time to time. The most current contact information will always be posted on https://beancollection.online/contact