TERMS OF SERVICE

AGREEMENT TO OUR LEGAL TERMS

We areBeanpot Studio ("Company ," "we," "us," "our "), a company registered in Massachusetts, United States.

We operate the website https://differentest.club (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms ") (collectively, the "Services").

You can contact us by email at info@beanpotstudio.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you "), and Beanpot Studio, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
7. SOFTWARE
8. RETURN POLICY
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. SOCIAL MEDIA
13. THIRD-PARTY WEBSITES AND CONTENT
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@beanpotstudio.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

All sales are final and no refund will be issued.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

- Use any information obtained from the Services in order to harass, abuse, or harm another person.

- Make improper use of our support services or submit false reports of abuse or misconduct.

- Use the Services in a manner inconsistent with any applicable laws or regulations.

- Engage in unauthorized framing of or linking to the Services.

- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering or extraction tools.

- Delete the copyright or other proprietary rights notice from any Content.

- Attempt to impersonate another user or person or use the username of another user.

- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

- Use a buying agent or purchasing agent to make purchases on the Services.

- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

- Use the Services to advertise or offer to sell goods and services.

- Sell or otherwise transfer your profile.

9. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

- Your Contributions are not false, inaccurate, or misleading.

- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

- Your Contributions do not violate any applicable law, regulation, or rule.

- Your Contributions do not violate the privacy or publicity rights of any third party.

- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

Subject to the terms and conditions of these Legal Terms, you are hereby granted a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform the Contributions.

You agree that you have the right to submit Contributions, and that you have the right to grant the license described above, and agree that you have received permission to offer or provide the Contributions and grant the above-described license.

11. SOCIAL MEDIA

The Services may include social media features, such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on the Services. These features may collect your IP address, which page you are visiting on the Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Services. Your interactions with these features are governed by the privacy policy of the company providing it.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled byBeanpot Studio. We do not control, endorse, or assume responsibility for any third-party websites or content. If you access a third-party website from the Services, you do so at your own risk, and you understand that this Agreement and theBeanpot Studio Privacy Policy do not apply to your use of such sites. You expressly relieve Beanpot Studio from any and all liability arising from your use of any third-party website, service, or content.

13. SERVICES MANAGEMENT

We reserve the right, but are not obligated, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, modify, or remove any content or information you submit to the Services; (4) in our sole discretion and without limitation, suspend or terminate or deny access to and use of the Services to any user for any reason, including without limitation, any violation of these Legal Terms.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We may, in our sole discretion, terminate your access to the Services at any time and for any reason, including without limitation, if we believe that you have violated these Legal Terms.

Upon termination of your access to the Services, all licenses granted to you under these Legal Terms shall immediately terminate. You agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to the Services.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, suspend, or discontinue the Services ( including without limitation, the availability of any feature, database, or content) at any time and with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

17. GOVERNING LAW

These Legal Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Massachusetts.

18. DISPUTE RESOLUTION

All claims between you and us arising out of or relating to these Legal Terms or the Services, whether based in contract, tort, or any other legal theory, shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. Any such arbitration shall take place in the State of Massachusetts, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement.

21. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Services.

We shall not be liable for any loss or damage caused by you or any third party in the event of any failure of performance, error, omission, interruption, deletion, defect, or transmission; loss of data; or unauthorized access to or use of the Services.

22. INDEMNIFICATION

You agree to indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your breach of these Legal Terms or your use of the Services.

23. USER DATA

We may collect data from you, as described in our Privacy Policy. You agree that we may use such data in accordance with our Privacy Policy.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

The communications between you and us use electronic means, whether you visit the Services or send us emails, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form; you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

The electronic form of the Communications shall be deemed "in writing" for all purposes under these Legal Terms.

You hereby agree to the use of electronic signatures, and you hereby consent to the use of electronic records containing electronic signatures in connection with your use of the Services and/or your receipt of communications from us. These electronic records shall have the same legal effect as handwritten records and need not be tampered with, lost, destroyed, or defaced in order to be effective.

25. CALIFORNIA USERS AND RESIDENTS

If you are a resident of California, you waive California Civil Code Section 1542, which states: "A general release does not extend to a claim which the creditor does not know or suspect to exist in his favor at the time of the execution of the release, which if known by him must have materially affected his settlement with the debtor."

26. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us relating to the use of the Services and supersede all prior or contemporaneous communications, representations, warranties, and agreements between you and us relating to the use of the Services.

If any provision of these Legal Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Legal Terms, which shall remain in full force and effect.

No waiver of any term of these Legal Terms shall be deemed a further or continuing waiver of such term or any other term.

27. CONTACT US

If you have any questions about these Legal Terms, please contact us at:

Beanpot Studio
info@beanpotstudio.com

28. LAST UPDATED

These Legal Terms were last updated on March 1, 2024.