The Botanic Technologies, Inc. (“Botanic”) webSite at botanic.io (the “Site”) is owned, operated and maintained by Botanic Technologies, Inc. a Delaware Corporation. We hope you enjoy the Site and the products and services that it offers.
Agreement With Our Terms And Conditions Of Use
By using this Site, you agree to accept the terms and conditions, so please be sure to read them carefully. If you do not agree with our terms and conditions, please do not use our Site. The following terms govern your use of, and purchase of products from, our Site.
We may, from time to time, change the terms that govern your use of our Site. Your use of our Site following any such change represents your agreement to follow and be bound by the terms as changed. Additionally, we may change, move, or delete portions of the Site, or add to it from time to time.
Occasionally products or services (“Botanics”) may not be available for immediate license or use. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or services or to cancel any order.
All of the content on the Site, including images, illustrations, photographs, video clips and written content that appear as part of this Site (the “Contents”) is owned, controlled or licensed by or on behalf of Botanic, and/or used with permission pursuant to these Terms that govern the Site. Botanic is the exclusive copyright owner of the Site as a whole, and the trademarks designated on the Site. Other illustrations, advertisements, videos and other materials pertaining to the Botanics offered on the Site, advertisements and/or licensed content are property of the respective copyright and trademark owners of these images, texts, brands and other materials. The Site and its Contents are intended solely for personal, noncommercial (other than product purchases) use by users of our Site. You may download or copy the Contents and other downloadable items on the Site for your personal use only. No rights, interest or title in any downloaded materials is transferred to you as a result of such copying or downloading. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, Botanic Site (including Content, advertisements, Software on the Site).
Grant Of License To Us And Purchasers For Contributions
By making a Contribution to the Site, you grant Botanic and its parent company a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to Botanic, but not including any Botanic copyrighted materials, logos, trademarks or recipes), fully-paid, royalty-free (meaning that Botanic is not required to pay you to use your Contribution), sub-licensable (meaning that Botanic can sublicense its rights to, for example, third party hosted service providers who host the Site) and worldwide (because the Internet and the Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution for the purpose of displaying the content on the Site and selling it to third parties.
Botanic will terminate, in appropriate circumstances and in its sole discretion, the access of users who are repeat infringers. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Site infringes upon your copyrights, you may submit a notification to support@GoMoment.com pursuant to the Botanic Digital Millennium Copyright Act Notice.
Botanic Digital Millennium Copyright Act Notice
If you believe that content available on or through the Botanic.io (“Site”) infringes on one or more of your copyrights, please immediately notify Botanic’s Copyright Agent at firstname.lastname@example.org providing the information described below. A copy of your Notification will be sent to the person responsible for the material addressed in the Notification.
Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in a Notification. Thus, if you are not sure content located on or linked-to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Site and all contents of the Site are provided on an “As Is” basis without warranties of any kind, either expressed or implied.
Your use of Botanic Site and software are at your sole risk. The Site is provided on an “as is” and “as available” basis. Botanic and its affiliated, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, or fitness for a particular purpose.
Botanic and affiliates, officers, employees, agents, partners and licensors make no warranty that (i) Botanic will meet your requirements; (ii) Botanic will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of Botanic will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through Botanic will meet your expectations; and (v) any errors in the Botanic Site will be corrected.
Any material downloaded or otherwise obtained through the use of Botanic is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Botanic or through or from Botanic shall create any warranty not expressly stated in the Terms.
You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site and that Botanic shall not be liable for any damages of any kind related to your use of this Site
Botanic may provide links to other internet sites or resources. You acknowledge and agree that Botanic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Botanic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource, including also any Botanics offered on such Sites or by such experience providers, vendors or advertisers.
You agree to indemnify and hold Botanic, its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Contributions you submit, post, transmit, modify or otherwise make available through Botanic, your use of the Botanic Site and/or the Botanic Services and/or Botanics that you obtain through the Botanic Site, your connection to the Botanic Site, your violation of the Terms, or your violation of any rights of another.
Limitation of Liability
You expressly understand and agree that Botanic and its affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, 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 Botanic has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Botanic Site or its services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Botanic Site or in connection with any of the Services or Botanics offered in connection with Botanic; or (e) any other matter relating to Botanic. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The Terms constitutes the entire agreement between you and Botanic and governs your use of the Botanic Services, superseding any prior version of these Terms between you and Botanic with respect to the Botanic Services. You also may be subject to additional Terms and conditions that may apply when you use or purchase certain other Botanic services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
You and Botanic each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and Botanic, shall be brought exclusively in the courts located in the city of San Francisco, California or the U.S. District Court for the Central District of California. You and Botanic agree to submit to the personal jurisdiction of the courts located within the City of San Francisco, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
The failure of Botanic to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Botanic Technologies, Inc. Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
For all other inquiries, please contact: email@example.com