The Botanist

Welcome to The Botanist

This is a summary of the most important parts of our Terms of Use and Privacy Policy. Please do note that the complete versions are the legally binding versions. The Botanist is provided by Beige Butterfly Ltd, a Finnish company.

Audience

The Botanist is intended for users over 13 years of age only. Users under 13 years of age are not allowed to register a user account.

Cost

As long as you adhere to our Terms of Use you receive the right to use The Botanist for free. You may purchase some additional content, features and functionalities in the service. Don’t worry though - you won’t be able to buy anything accidentally; we will clearly tell you if you are about to purchase anything.

Safety

The Botanist is committed to the safety of our users and will do its best efforts to ensure that the service is suitable and available for users of all ages.

Manners

Please mind your manners. Do not bully or harass others. Keep the younger fellow users of The Botanist in mind and watch your language. If you infringe these Terms of Use or the law, we may revoke your right to use the service (ban you) and/or terminate your account.

Privacy

We monitor the use of our service technically. We do not give out identifying information of our users out without your permission. We may give out unidentifying, anonymized information out for e.g. marketing purposes or to other business partners. We may use the information you enter in the service to monitor and develop the service.

Storage

The information you enter in the service is mainly stored and analyzed on servers located in the United States.

Changes

If we change our Terms of Use or Privacy Policy, we will notify you. If you do not accept the updated terms, please stop using the service.

Termination

If you decide on terminating your registered The Botanist account, please request account removal by email [email protected]

Feedback

For any feedback for the service, please email us at [email protected]

Terms of Use

These Terms of Use are effective on May 1, 2021. By accessing or using The Botanist website, The Botanist service, or any The Botanist applications (including mobile applications) made available by Beige Butterfly (together, the “Service” or “The Botanist”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by Beige Butterfly Ltd. (“Beige Butterfly”, “we”, “us”, “our”, which also includes our employees and other staff). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, please do not access or use the Service.

Basic Terms

1. The Botanist is available to users over 13 years of age only. To register a user account you must be at least 13 years old (see “Registered Accounts”)
2. We like to keep things nice for all of our users. This is why you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service. Do not use offensive or defamatory language in the Service.
3. You are responsible for any activity that occurs through your account. Beige Butterfly prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Beige Butterfly upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. You may be able to purchase additional content and/or features on the service.
5. Act nice. Do not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people on the Service. Do not post private or confidential information via the Service.
6. Obey the law. You may not use the Service for any illegal or unauthorized purpose, including but not limited to, copyright laws.
7. Do not spam other users of the Service or the Service itself. Do not interfere with or disrupt the Service. Do not attempt to restrict another user from using or enjoying the Service.
8. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
9. Violation of these Terms of Use may result in revocation of your right to use the Service (“ban”) and/or termination of your The Botanist account.
10. You understand and agree that Beige Butterfly is not responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use or otherwise create legal or other risks for Beige Butterfly, we may cease providing all or part of the Service to you.

General Conditions

1. Beige Butterfly reserves the right to modify or terminate the Service or your access to the Service for any reason at any time without notice.
2. You may terminate your The Botanist account by requesting account removal by email [email protected]. If we terminate your account or you use the form detailed above to terminate your account, your artwork, comments, likes, and all other data will no longer be accessible through your The Botanist account, but those materials and data may persist and appear within the Service (e.g., if the Content is still cached in a content delivery network). It is also possible that a third party may have submitted or shared your Content on the Service or outside of it. We may keep your information up to 6 months after you have terminated your account for legal reasons.
3. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
4. We reserve the right to change these Terms of Use (“Updated Terms”) from time to time. We will notify our users with a popup or by posting them on our Service. You agree that that your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service.
5. We reserve the right to refuse access to the Service to anyone for any reason at any time and the right to change your username for any reason (including if we deem it offensive).
6. We have no obligation to remove, edit, block, and/or monitor Content or accounts containing Content that we determine violates these Terms of Use, but may do so.
7. You are responsible for your interaction with other users of the Service. Beige Butterfly is not responsible or liable for the conduct of any user. Beige Butterfly reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
8. The Botanist may contain links to services by third parties. The Service also may include third-party content that we do not control, maintain or endorse. We may also offer you functionalities which enable you to e.g. share your Content on services by third parties or otherwise permit interactions between The Botanist and services by third parties. We are not responsible or liable for the services of third parties. This includes possible third party applications which enable you to share your Content on other websites.
9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and artwork (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).

Rights

1. Beige Butterfly does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.
2. Make sure you have the right to share the works. You represent and warrant that: (i) you own or otherwise have the right to the Content you submit to the Service; (ii) your Content does not infringe on the rights of any third party, (iii) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
3. We have our own content in the service as well. The Service contains content owned or licensed by Beige Butterfly (“Our Content”). We own all rights in Our Content and the Service.
4. Although it is Beige Butterfly’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted. Please be patient and let us know if things are broken. Beige Butterfly will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
5. We have a legal process for reporting and removing illegal content. You agree that Beige Butterfly is not responsible for and does not endorse, Content posted within the Service. Beige Butterfly does not have any obligation to and does not prescreen, monitor, edit, or remove any Content (except if it is in violation of these Terms of Use). If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
6. Except as otherwise described in the Service’s Privacy Policy, available at thebotanist.app/legal/privacy , any Content will be public.

Registered Accounts

1. If you are over 13 years old, you may sign up and register a The Botanist account. Registering a The Botanist account is free. The Botanist account may enable you to connect your Content to your account and show your content on your profile page.
2. While The Botanist does not collect your personal information (except as otherwise described in these Terms of Use or the Privacy Policy), people may be able to identify you by your account.
3. You may request account termination by email [email protected] at any time. Do note that even if you terminate your account, we may keep your information up to 6 months after you have terminated your account for legal reasons. If you terminate your account, the Content you have submitted to the Service may be lost. It is also possible that a third party may have submitted or shared your Content outside the Service.
4. You will get to keep the possible additional content and/or features you have purchased in the Service even if you terminate your account.

Disclaimer of Warranties

• We provide the Service (and Our Content) on an “as is”, “as available” and “with all faults” basis. We do not make any representations, warranties or endorsements of any kind whatsoever, express or implied, as to (a) the Service; (b) Our Content; (c) user content; or (d) security associated with the transmission of information to us or via the Service. We disclaim all warranties, express or implied (e.g. the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer viruses).

• While we do our best to ensure that the Service is error-free, we do not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected, or that the servers we use are are error-free or free from viruses or other harmful content. We do not make any representations or warranties that the information, including any instructions, on the service is accurate, complete or useful. You use the service at your own risk. We do not warrant that the use of Service is lawful in any particular jurisdiction, and we specifically disclaim such warranties.

• Some jurisdictions limit or do not allow the disclaimer of implied or other warranties. In this case the above disclaimer may not apply to you or may apply to your only partly.
• By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you accesss or use the service.
• We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss or damage.

Limitation of Liability; Waiver

• We will not be liable to you or anyone else for any loss or damages of any kind.
• In no event will our total liability to you for all damages, losses or causes or action exceed one hundred euros (100.00 EUR).

• Should you incur any damages, losses or injuries that arise out of our action or inaction, the damages are not irreparable or sufficient to entitle you to an injuction preventing any exploitation of any websites, services, properties, products or other content owned or controlled by us. You do not have the right to enjoin or restrain our activities regarding any websites, properties, products, services or other content owned or controlled by us.

• You understand that you may be waiving your right to claims that are at this time unknown or unsuspected. You acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.
• We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

1. your Content or your access to or use of the Service;
2. your breach or alleged breach of these Terms of Use;
3. your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right;
4. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
5. any misrepresentation made by you,

Time Limitation on Claims

Governing Law & Venue

• If a dispute arises between you and us, we strongly encourage you to first contact us directly by email [email protected] to seek a solution.
• You agree that all disputes between you and us shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Beige Butterfly must be resolved exclusively by a court located in Helsinki, Finland.

Entire Agreement

• These Terms of Use constitute the entire agreement between you and us and governs your use of the Service. If you have made any prior agreements with us, these Terms of Use supersede them.
• You do not have the right to assign these Terms of Use or the rights or obligations they convey to anyone without our prior written consent. If you do so without our prior written consent, such assignment will be null and void. We may assign these Terms of Use or any rights hereunder without your consent.
• If a part of these Terms of Use are found by a court of competent jurisdiction to be invalid or otherwise unenforceable, you and we nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remainder of these Terms of Use and the remainder remains in full force and effect.
• Neither the course of conduct between the parties nor trade practice will modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

• We have the right to limit the availability of the Service or any portion of it to any person, geographic area, or jurisdiction, at any time and at our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
• The effective date of these Terms of Use is May 1, 2021. These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.