Terms and Conditions

1. ACCEPTANCE OF TERMS

By accessing and using this website (which includes all content and features available on the mybotaniste.com domain, collectively referred to as the “BOTANISTE Website” or “Website”), you are agreeing to (1) these Terms and Conditions (the “Terms of Service”), (2) BOTANISTE’s Privacy Notice, which is incorporated by reference, and (3) BOTANISTE’s Community Guidelines, as outlined below. If you do not agree with any of these terms, the Privacy Notice, or the Community Guidelines, please refrain from using the BOTANISTE Website.

2. USE OF THE BOTANISTE WEBSITE

A. These Terms of Service apply to all users of the BOTANISTE Website, including those who contribute content, information, materials, or services on the Website. The BOTANISTE Website encompasses all aspects of BOTANISTE, including but not limited to all products, software, and services offered via the site, such as the BOTANISTE channels, the BOTANISTE “Embeddable Player,” the BOTANISTE “Uploader,” and other related applications.

B. The BOTANISTE Website may feature links to third-party websites that are not owned or operated by BOTANISTE. BOTANISTE has no control over, and takes no responsibility for, the content, privacy policies, or practices of any third-party sites. BOTANISTE cannot and will not moderate or edit the content on third-party websites. By using the Website, you explicitly release BOTANISTE from any and all liability arising from your use of any third-party website.

C. Therefore, we strongly recommend that you remain mindful when leaving the BOTANISTE Website and review the terms and privacy policies of any other websites you visit.

3. BOTANISTE ACCOUNTS

A. To access certain features of the Website, you will need to create a BOTANISTE account. You must not use another person’s account without their permission. When creating your account, you are required to provide accurate and complete information. You are solely responsible for all activity that occurs under your account, and it is essential that you keep your account password secure. You must notify BOTANISTE immediately if you become aware of any security breach or unauthorized use of your account.

B. While BOTANISTE will not be held responsible for any losses resulting from unauthorized use of your account, you could be held liable for losses incurred by BOTANISTE or others due to such unauthorized use.

4. GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS

BOTANISTE grants you permission to access and use the Website under the following conditions:

A. You agree not to distribute any part of the Website, including User Submissions (as defined below), through any medium without obtaining prior written consent from BOTANISTE.

B. You agree not to alter or modify any part of the Website, including BOTANISTE’s Embeddable Player or any related technologies.

C. You agree not to access User Submissions or BOTANISTE Content through any technology or methods other than those authorized by BOTANISTE, such as the content playback pages of the Website, the BOTANISTE Embeddable Player, or other authorized means.

D. You agree not to use the Website or the BOTANISTE Embeddable Player for commercial purposes without BOTANISTE’s prior written authorization. Prohibited commercial uses include:

• Selling access to the Website or its related services (such as the Embeddable Player) on other websites;
• Using the Website or its services primarily to generate advertising or subscription revenue;
• Selling advertising targeted to specific User Submissions or BOTANISTE content on BOTANISTE or third-party sites;
• Any use that BOTANISTE deems, in its sole discretion, as competing with or displacing the market for BOTANISTE’s content or User Submissions.

E. Permissible commercial uses include:

• Uploading original content to BOTANISTE or maintaining an original channel to promote your business or artistic enterprise;
• Using the Embeddable Player to display BOTANISTE content on an ad-supported blog or website, provided the primary intent is not to generate advertising revenue or compete with BOTANISTE;
• Any use explicitly authorized by BOTANISTE in writing.

F. When using the BOTANISTE Embeddable Player on your website, you must include a visible link back to the BOTANISTE website and may not modify or block any part of the Embeddable Player.

G. By using the BOTANISTE Uploader, you agree to accept automatic updates from BOTANISTE, which may include bug fixes, new features, or other improvements. You consent to receive these updates as part of your use of the Uploader.

H. You agree not to use automated systems, such as “robots,” “spiders,” or “offline readers,” to access the Website in a way that exceeds normal human usage patterns. BOTANISTE allows public search engine operators to use spiders to index materials from the site solely for creating searchable indices. BOTANISTE may revoke these permissions at any time. You also agree not to collect personally identifiable information or use the Website’s communication systems for commercial solicitation.

I. Your use of the Website must comply with these Terms of Service, BOTANISTE’s Community Guidelines, and all relevant local, national, and international laws and regulations.

J. BOTANISTE reserves the right to discontinue any part of the Website at its discretion.

5. USE OF CONTENT ON THE SITE

A. Except for User Submissions, all content on the BOTANISTE Website, including text, software, scripts, graphics, photos, sounds, music, and trademarks (“Content”), is owned by or licensed to BOTANISTE and is protected by intellectual property laws. Content is provided “AS IS” for your personal use only and may not be copied, reproduced, or used for any other purpose without BOTANISTE’s written permission. BOTANISTE reserves all rights not expressly granted.

B. You may access User Submissions solely for:

• Personal use;
• Usage as intended through the BOTANISTE Service;
• Streaming.

C. “Streaming” refers to the real-time transmission of audiovisual content over the Internet, which is not intended for copying, storing, or redistribution. Any use of User Content beyond Streaming is prohibited.

D. User Comments are available for your personal use as intended through the BOTANISTE Service. They may not be used or exploited in any other way not intended by the Service.

E. You may only access BOTANISTE Content and User Submissions as permitted under these Terms. BOTANISTE retains all rights not granted in the Content and Service.

F. You agree not to use, copy, or distribute Content beyond what is allowed here, including third-party User Submissions obtained through the Website for commercial purposes.

G. You agree not to interfere with the security features of the Website or any restrictions on Content use.

H. You understand that BOTANISTE is not responsible for the accuracy or quality of User Submissions and may expose you to content that could be offensive or objectionable. You agree to hold BOTANISTE harmless for any issues related to your use of the site.

6. USER SUBMISSIONS AND CONDUCT

A. As a BOTANISTE account holder, you may submit content (“User Submissions”), including textual content (“User Comments”). BOTANISTE does not guarantee confidentiality for any User Submissions.

B. You are solely responsible for your User Submissions and must have all necessary rights to submit them. By submitting, you grant BOTANISTE the right to use, reproduce, and distribute your User Submissions as described.

C. You retain ownership of your User Submissions but grant BOTANISTE a broad license to use them. This license extends to promoting and redistributing the BOTANISTE Website and its content. This license ends within a reasonable time after deletion, though BOTANISTE may retain non-display copies.

D. You agree not to submit material that infringes third-party rights unless you own the rights or have permission.

E. You must comply with BOTANISTE’s Community Guidelines and applicable laws when submitting content.

F. BOTANISTE does not endorse User Submissions and disclaims any liability related to them. BOTANISTE will remove infringing content as necessary and reserves the right to remove content without notice.

7. ACCOUNT TERMINATION POLICY

A. BOTANISTE may terminate a user’s access to the Website if they are identified as a repeat infringer of its policies.

B. BOTANISTE has the discretion to determine the appropriateness of Content or User Submissions, including assessing violations related to non-copyright issues such as pornography, obscenity, defamation, or excessive length. BOTANISTE may remove such User Submissions or terminate access to the Website without prior notice if these Terms of Service are violated.

8. DIGITAL MILLENNIUM COPYRIGHT ACT

A. If you believe that any User Submission or other content on the Website infringes your copyrights, you may notify BOTANISTE’s Copyright Agent by providing the following written information:

• A physical or electronic signature of an authorized representative of the copyright owner;
• Identification of the copyrighted work(s) claimed to be infringed, or a representative list if multiple works are involved;
• Identification of the material that is alleged to be infringing, including information sufficient to locate the material;
• Your contact information, including an address, phone number, and email;
• A statement that you believe in good faith that the use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.

Send your notice to BOTANISTE’s designated Copyright Agent at info@mybotaniste.com.

B. Counter-Notice. If you believe that your User Submission was removed or access was disabled due to a mistake or misidentification, you may send a counter-notice with the following:

• Your physical or electronic signature;
• Identification of the removed content and its location before removal;
• A statement that you believe the content was removed due to a mistake or misidentification;
• Your contact information and a statement consenting to the jurisdiction of BOTANISTE’s choice and agreeing to accept legal process from the complainant.

BOTANISTE may forward the counter-notice to the original complainant. If the complainant does not take legal action within 10 business days, BOTANISTE may restore the removed content within 14 to 18 business days at its discretion.

9. WARRANTY DISCLAIMER

YOUR USE OF THE BOTANISTE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTANISTE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE WEBSITE AND YOUR USE OF IT. BOTANISTE MAKES NO WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR LINKED SITES AND DISCLAIMS LIABILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES IN CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE;
• UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND PERSONAL/FINANCIAL INFORMATION;
• INTERRUPTION OR CESSATION OF TRANSMISSIONS TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS TRANSMITTED THROUGH THE WEBSITE;
• ERRORS OR OMISSIONS IN CONTENT OR DAMAGES RESULTING FROM CONTENT USAGE.

BOTANISTE DOES NOT WARRANT OR ENDORSE ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH THE WEBSITE AND IS NOT LIABLE FOR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES. USE CAUTION AND GOOD JUDGMENT IN ALL TRANSACTIONS.

10. LIMITATION OF LIABILITY

BOTANISTE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM WEBSITE USE;
• UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND PERSONAL INFORMATION;
• INTERRUPTION OF WEBSITE TRANSMISSIONS;
• BUGS, VIRUSES, OR SIMILAR ISSUES TRANSMITTED THROUGH THE WEBSITE;
• ERRORS OR OMISSIONS IN CONTENT OR DAMAGES RESULTING FROM CONTENT USAGE.

THIS LIMITATION APPLIES TO ALL LEGAL THEORIES, WHETHER OR NOT BOTANISTE WAS ADVISED OF POSSIBLE DAMAGES. YOU ACKNOWLEDGE THAT BOTANISTE IS NOT LIABLE FOR USER SUBMISSIONS OR THIRD-PARTY CONDUCT. The Website is operated from New York, and those accessing it from other locations are responsible for compliance with local laws.

11. INDEMNITY

You agree to protect and defend BOTANISTE, including its parent company, officers, directors, employees, and agents, from any claims, damages, responsibilities, losses, liabilities, costs, or expenses (including legal fees) that arise from: (i) your use of the BOTANISTE Website; (ii) any breach of these Terms of Service by you; (iii) any infringement of third-party rights, such as copyright, property, or privacy rights; or (iv) any harm caused to a third party by your User Submissions. This obligation to defend and indemnify will continue even after these Terms of Service end and after you stop using the BOTANISTE Website.

12. ACCEPTANCE OF TERMS

You confirm that you are at least 18 years old, or an emancipated minor, or have obtained the necessary legal consent from a parent or guardian, and that you are fully capable of entering into and complying with these Terms of Service. You must also be over 13 years old, as the BOTANISTE Website is not intended for children under 13. If you are under 13, please refrain from using the BOTANISTE Website and discuss with your parents what websites are suitable for you.

13. ASSIGNMENT

You cannot transfer or assign these Terms of Service or any rights and licenses under them to anyone else. However, BOTANISTE may transfer or assign these Terms of Service without any limitations.

14. GENERAL

You agree that: (i) the BOTANISTE Website is considered to be based in New York; and (ii) the BOTANISTE Website is a passive site that does not subject BOTANISTE to personal jurisdiction in any location other than New York. These Terms of Service will be governed by New York State laws, excluding its conflict of laws principles. Any disputes arising from your use of the BOTANISTE Website will be resolved exclusively by a court selected by BOTANISTE. These Terms of Service, along with the Privacy Notice and other legal notices on the Website, represent the full agreement between you and BOTANISTE regarding the BOTANISTE Website. If any part of these Terms of Service is found to be invalid by a competent court, the remaining parts will still be in effect. A waiver of any term by BOTANISTE will not be seen as a continued waiver of that or any other term, and BOTANISTE’s failure to enforce any right or provision does not mean that it has waived that right or provision. BOTANISTE can update these Terms of Service at any time without notice, and it is your responsibility to review them regularly. Continued use of the BOTANISTE Website after any changes indicates your acceptance of the updated Terms of Service. Any legal action related to the BOTANISTE Website must be started within 12 months of the issue arising, otherwise, it will be permanently barred.

BOTANISTE COMMUNITY GUIDELINES

Trust and Respect within the BOTANISTE Community

At BOTANISTE, we encourage users to engage with the website responsibly. Each new feature introduced within the BOTANISTE community is built on a foundation of trust, respect, and accountability. We ask that you contribute positively and honor these principles in all your interactions.

Handling Inappropriate Content

If you upload content that is flagged as inappropriate, BOTANISTE will review it to determine if it breaches our Terms of Use. Please note that flagged content is not automatically removed. Should BOTANISTE decide to remove your content after review, it is done deliberately, and you should regard our warning notifications with seriousness. Familiarize yourself with our Terms of Use and understand them from BOTANISTE’s perspective. If you come across other content that you believe violates our guidelines, please flag it so that we can review it accordingly.

Avoiding Common Pitfalls

Here are some guidelines to help you stay on the right side of our community standards:

• No Pornography or Explicit Content: BOTANISTE does not permit any sexually explicit content. Avoid posting such material. Additionally, BOTANISTE collaborates with law enforcement to address child exploitation.

• Avoid Harmful Content: Do not post content depicting animal abuse, drug abuse, bomb-making, or other terrorist activities.

• No Graphic Violence: Content that shows severe violence, harm, or humiliation is not allowed. Refrain from sharing such material.

• No Shock Content: BOTANISTE is not a platform for disturbing content, such as graphic accident scenes or dead bodies.

• Respect Copyrights: Only upload content that you own or have permission to use. This includes avoiding the use of copyrighted music, clips, or other material unless you have proper authorization. Refer to our Copyright Tips for further details.

• No Hate Speech: While BOTANISTE supports free speech, we do not tolerate hate speech targeting individuals or groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.

• No Predatory Behavior: We have a zero-tolerance policy for predatory actions, stalking, threats, harassment, privacy invasion, or sharing others’ personal information. Such behavior may result in permanent removal from BOTANISTE.

• Avoid Spam: Do not use misleading titles, tags, or thumbnails to inflate views. Avoid posting repetitive, untargeted content, including excessive comments and messages.

Take these guidelines to heart and adhere to them genuinely. Avoid trying to find loopholes or bypassing the rules; instead, respect the intent behind them. Violating these Terms of Use may lead to warnings or account termination. If your account is terminated, you are prohibited from creating new accounts.

Engaging with the BOTANISTE Community

This is your community! Every user contributes to the BOTANISTE experience, so feel free to share your views and get involved:

• Enjoy the Site: BOTANISTE offers a lot of exciting content. Make the most of your time here.

• Share Feedback: Engage with others by providing feedback, making friends, and sharing stories. Your interactions help enrich the community experience.

• Manage Your Experience: If you encounter content that offends you but does not violate our Terms of Use, consider moving on to other content rather than focusing on what you dislike.

Enjoy your time on BOTANISTE, and remember that your participation shapes the community for everyone!

BOTANISTE COPYRIGHT TIPS

Understanding Copyright

Copyright is a legal right that grants creators exclusive control over their works. This includes a wide range of content such as music, artworks, videos, video games, books, and films. Copyright allows creators to control how their content is copied, adapted, and shared. When you upload or share content online, you are potentially affecting these exclusive rights. Essentially, only the copyright owner can authorize or restrict these activities.

However, copyright does have limitations. It typically does not protect ideas or facts. Additionally, some uses of copyrighted materials are legally permitted without the owner’s permission, depending on the jurisdiction. In the US, this is known as “fair use.” In the UK, there are fair dealing exceptions for activities like criticism, review, or news reporting. In Brazil, specific exceptions include short quotes with attribution or excerpts for personal use. For a list of international Intellectual Property and Copyright Offices, visit: WIPO Directory.

Guiding Principles for Copyright Compliance

BOTANISTE is committed to respecting creators’ rights and expects you to help maintain a legal and positive community. Posting content that infringes copyright can result in the removal of your video, account termination, and potential legal action. Here are some key guidelines to help you avoid copyright infringement:

• Source of Content: If you recorded it from TV, videotaped your screen, or downloaded it from another site, it is copyrighted and requires permission to share or use it under legal exceptions.
• Attribution: Even if you credit the creator, the content is still copyrighted.
• Monetary Gain: Whether or not you sell the video, it is still copyrighted.
• Presence on BOTANISTE: The existence of similar videos on our site does not negate copyright.
• Copyright Notice: Content with a copyright notice is protected, regardless of its origin.
• Edited Content: Creating a video with clips from copyrighted material, even if edited together, still involves copyrighted content.

Please remember, this information is for general guidance only and does not constitute legal advice.

Filing a Copyright Infringement Notification

To report copyright infringement on BOTANISTE, you must provide a written notice including:

1. Signature: A physical or electronic signature from someone authorized to act on behalf of the copyright owner.
2. Identification of Work: Specify the copyrighted work alleged to be infringed, or provide a representative list if multiple works are involved.
3. Identification of Infringing Material: Indicate the infringing material and provide information to help locate it, such as URLs.
4. Contact Information: Provide your address, phone number, and email for contact purposes.
5. Good Faith Statement: Affirm that you believe in good faith that the material is used without authorization.
6. Accuracy Statement: Confirm that the information is accurate and that you are authorized to act on behalf of the copyright owner.

Send your notice to the BOTANISTE help desk at: info@mybotaniste.com

Please be aware that knowingly submitting false claims may result in liability.

Submitting a Counter-Notification

If you believe your content was removed or disabled incorrectly, you can submit a counter-notice to the BOTANISTE help desk at: info@mybotaniste.com

Note that making false claims about the removal of material may result in liability. Repeat offenders may have their accounts terminated under our policy.

Agreements Definitions

The following definitions apply in the Agreement (including each Schedule and Annexure) unless the context requires otherwise:

Agent means authorized third parties that are contracted to perform functions on our behalf including credit card processing, postal services, customer service; fulfilment, package delivery, postal mail, Content Management and related services.

Approved Product and Services means the Products and Services (as specified and approved from time to time by BOTANISTE Inc.) to be offered, provided or marketed or sold or supplied by the Company, or other authorized contractors to Customers and prospective customers of the Company under the “BOTANISTE ” name and logo and related Intellectual Property.

Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business.

Content or Material means all videos, podcasts, vodcasts. photos, text, pictures, sound, works of authorship, graphics, content, electronic customer details and other data supplied and collected by the parties in digital format or otherwise;

Confidential Information means the information which relates to the Company, other member of the Company, the Business (including, the financial details of each Customer, business model of the Company) which is disclosed to the Client by or on behalf of the Company or which is otherwise acquired by the Client directly or indirectly from Company or which otherwise comes to the knowledge of the Client, whether the information is in oral, visual or written form or is recorded in any other medium.

Consumer means an independent third-party individual that is a Registered User of BOTANISTE Website deemed to be subject to the Term and Conditions set out in the Agreement.

Client or You means an independent third party (that includes but is not limited to) a Consumer, Distributor, Salon Owner and Stylists) that is a Registered User of BOTANISTE website

Client Resource Centre or CRC means the exclusive, private, proprietary, secure, online electronic file and interface that provides access and privileges to Registered Users to disclose, display, change, update their Personal Information, access Our Information and subscribe to our Approved Services online (including the World Wide Web).

Company or BOTANISTE Inc. or We or BOTANISTE means BOTANISTE Inc. a United States incorporated company that owns the Website.

Distributor means the legal entity or a related party that has executed (or promised to) the Distribution Agreement with BOTANISTE Inc. and that is a Registered User of BOTANISTE and acquires Approved Products and/or Approved Services

Intellectual Property means any intellectual or industrial property owned, licensed or used by BOTANISTE Inc. (as amended from time to time) or has been granted any rights in respect of from time to time, including:

• a patent, trademark or service mark, copyright, registered design, trade secret, moral rights or confidential information;
• a license or other right to use or to grant the use of any of the foregoing or to be the registered proprietor or user of any of the foregoing;
• the Trademarks;
• Personal Information;
• the name ‘BOTANISTE’ (and any other names which are substantially similar);
• the intellectual property attaching to the Website and Work Product;
• the Content and / or Material (including related Work Product) uploaded onto the Website; and
• any manuals or other documents provided by or on behalf of the Company.

Identifying Marks means all signs, logos, slogans, designs, color schemes and patterns and any other features associated with the Company.

Information means Personal Information and Other Information.

IT Materials includes procedures, documentation, reports and drawings.

IT Systems includes domains, Website, computer programs, program listings and programming tools and any amendments, modifications, new releases or updates thereto

Password means the 12+ character alphanumeric string that is submitted and accepted together with the User Name by the Website for a Visitor to enter into their Client Resource Centre (or as otherwise provided).

Personal Information means individual pieces of information that can, when used collectively, identify you. Permitted Purpose means the use of the Information in accordance with the terms and conditions of this Agreement. Permitted Third Parties means related family members.

Privacy Statement or Privacy Policy means the BOTANISTE Inc. statement and guidelines as to the privacy obligations pertaining to a Client’s Personal Information.

Other Information means information that is Our Information or information that is not Personal Information. Our Information means information that is available on the Website, our IT Systems and information generated by the Company generically in the provision and delivery of any Services.

Registration Form means the list of questions that are completed and submitted by a Visitor to become a Registered User.

Registered User means a Visitor to the Website that has completed and submitted our Registration Form, approved by BOTANISTE Inc. and granted access to the Client Resource Centre by entering a valid nominated User Name and Password.

Salon Owner means an independent third-party professional hair dressing salon owner (including authorized staff of Salon Owner) and/or client of the Distributor, and that is a Registered User of BOTANISTE and/or acquires and/or subscribes directly or indirectly to receive Approved Services

Stylist means an independent third-party individual that is a Registered User of BOTANISTE and that provides and/or contributes directly or indirectly Content or Material to BOTANISTE Website.

Trademarks means a registered or unregistered trademarks or trademark application as specified by the Company from time to time and includes any other trademark notified in writing from time to time by the Company and Trademark means any of them.

Website includes the interface, functionality, Content and Work Product made available on pages under the domain name www.mybotaniste.com and related domains and sub-domains;

Visitor means an individual person associated with a Consumer, Distributor, Salon Owner and Stylists) that visits and browses the Website but may or may not be a Registered User.

User Name means the 12+ alphanumeric characters nominated by the individual visitor to the Website that is entered into, submitted by the Registered User and utilized as the protection mechanism for information contained in the Registered User’s Client Resource Centre confidential.