1. Description of Service
Original Botanica is providing Member with spiritual supplies. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Original Botanica on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Original Botanica makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Original Botanica shall have no liability for any interruptions in the use of this Website. Original Botanica disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. All of the items in this catalog are sold as CURIOS ONLY. We make no claims nor guarantee any supernatural or magical qualities for any products. The names and alleged powers are gathered from books, folklore and various other sources.
3. Limitation of Liability
Original Botanica SHALL NOT be liable for any damages whatsoever, and in particular Original Botanica shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Original Botanica has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Original Botanica its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Original Botanica reserves the right to modify or discontinue the Service with or without notice to the Member. Original Botanica shall not be liable to Member or any third party should Original Botanica exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Original Botanica does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Original Botanica makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Original Botanica makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7. Governing Jurisdiction of the Courts New York
8. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2016 shtuben.com, with all rights reserved, or is the property of Original Botanica and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Original Botanica is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Original Botanica.
Original Botanica ™ and shtuben.com™ are proprietary marks of shtuben.com. Original Botanica’s trademarks may not be used in connection with any product or service that is not provided by Original Botanica, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Original Botanica.
All other trademarks displayed on Original Botanica’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Original Botanica.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, shtuben.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
2486 Webster Ave
Bronx, NY 10458
By Telephone: 718-367-9589
By Email: firstname.lastname@example.org
Original Botanica retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Original Botanica reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
12. Other Terms
13. Customer Photo and Video Sharing Terms of Conditions
By submitting any content to ORIGINAL PRODUCTS, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old;
You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
- that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.
For any content that you submit, you grant ORIGINAL PRODUCTS a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that ORIGINAL PRODUCTS shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against ORIGINAL PRODUCTS with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States.
By submitting a photo or video, you agree that ORIGINAL PRODUCTS may contact you about your photo or video and for other administrative purposes. ORIGINAL PRODUCTS may share your comments [along with identifying information] to our third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by ORIGINAL PRODUCTS provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to ORIGINAL PRODUCTS.
ORIGINAL PRODUCTS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND ORIGINAL PRODUCTS DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS. Under no circumstances shall ORIGINAL PRODUCTS and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if ORIGINAL PRODUCTS has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
You agree to indemnify and hold ORIGINAL PRODUCTS (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Rivet Works, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.