Terms of Service | Be'an Nice

Welcome to Be'an Nice. These Terms of Service ("Terms") are a binding agreement between you and Bean Nice LLC, an Arkansas limited liability company doing business as Be'an Nice ("Be'an Nice," "we," "us," or "our"). By creating an account or using the Be'an Nice website and services (the "Service"), you agree to these Terms. Please read them carefully.

1. Eligibility

You must be at least 18 years old and reside in the United States to use Be'an Nice. By creating an account, you represent that you meet these requirements. Be'an Nice does not offer accounts for minors and does not support parental-consent registration.

2. Your account

You are responsible for maintaining the security of your account credentials.
You agree to provide accurate information and keep it up to date.
You are responsible for all activity that occurs under your account.
You may not impersonate another person or misrepresent your identity.

3. Your content

You retain ownership of the favorites, profile details, avatar, and other content you submit ("User Content").

You grant Bean Nice LLC a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and distribute your User Content solely to operate and provide the Service, including displaying your public profile at beannice.com/your-username when you choose to publish it. This license exists only so that we can run the Service for you. It ends when you delete the User Content or your account, except for content that has already been shared with others or that we are required to retain by law, and except for residual copies in routine backups until those backups age out in the normal course.

You represent that you have the rights necessary to submit your User Content and to grant this license, and that your User Content does not infringe anyone else's rights.

4. Acceptable use

You agree not to:

Post content that is unlawful, harassing, hateful, sexually explicit, or that violates the rights of others.
Impersonate any person or misrepresent your affiliation with any person or entity.
Collect information about other users without their consent, or scrape the Service by any automated means.
Interfere with or disrupt the Service, or attempt to gain unauthorized access to it or to any account.
Use the Service to send spam or unsolicited marketing.
Use the Service in any way that violates applicable law.

5. Reporting and moderation

You can report a profile that violates these Terms using the Report option in the "…" menu on any public profile, and you can block any user from the same menu. We review reports and aim to act on objectionable content, including by removing it or suspending the account responsible, within 24 hours of receiving the report.

We are not obligated to monitor User Content, but we may review it. We apply these Terms as fairly and consistently as we can, but we cannot guarantee a particular outcome for any report.

6. Copyright and DMCA

We respect intellectual property rights and will respond to valid notices of claimed copyright infringement under the Digital Millennium Copyright Act.

Submitting a notice. If you believe content on the Service infringes your copyright, send a written notice to our designated agent (below) that includes:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material claimed to be infringing, with enough detail for us to locate it (for example, the profile URL).
Your contact information, including address, telephone number, and email address.
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Designated agent:

Counter-notice. If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same agent containing the information required by 17 U.S.C. § 512(g)(3).

Repeat infringers. We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

7. Third-party links and services

The Service may include links to third-party sites, including ordering links for the items on a profile. Those links are provided as a convenience. We do not control, endorse, or take responsibility for third-party sites, their content, or their practices. Your use of them is at your own risk and subject to their terms.

8. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any content is accurate.

9. Limitation of liability

To the fullest extent permitted by law, Bean Nice LLC and its members, managers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service, regardless of the theory of liability and even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed one hundred U.S. dollars ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Bean Nice LLC and its members, managers, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your User Content, your use of the Service, or your violation of these Terms or of applicable law.

11. Termination

You may delete your account at any time from Settings.

We may suspend or terminate your account if you violate these Terms, or if we discontinue the Service. If we discontinue the Service, we will make reasonable efforts to give you advance notice so that you can export your data.

Sections that by their nature should survive termination will survive, including Sections 3 (as to the limited residual license described there), 8, 9, 10, 12, and 13.

12. Governing law and venue

These Terms are governed by the laws of the State of Arkansas, without regard to its conflict of laws principles. You and Bean Nice LLC agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Arkansas for any dispute arising out of or relating to these Terms or the Service.

13. General

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Entire agreement. These Terms, together with our Privacy Policy and Cookie Notice, are the entire agreement between you and Bean Nice LLC regarding the Service, and supersede any prior agreements.

14. Changes

We may update these Terms from time to time. Material changes will be communicated by email or through the Service. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

Questions? Email hello@beannice.com, or write to us at:

Bean Nice LLC
6834 Cantrell Road, Suite #1106
Little Rock, AR 72207
United States