Last Updated: January22, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY OF THE GAMES.
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN "YOU" AND BOTANIKO GROUP LLC and/or any of its subsidiaries and affiliates (collectively "BOTANIKO GROUP" "WE", "OUR", "US").
These Terms of Use set out how you are permitted to use our Services, including accessing games developed, operated or published by BOTANIKO GROUP (“Games”), content, materials, or to any other of our webpages, sites or applications that are connected and operated by BOTANIKO GROUP, including the BOTANIKO GROUP Play (“BOTANIKO GROUP Play”), BOTANIKO GROUP Store (“BOTANIKO GROUP Store”) or any other social network and online functionalities that are connected to BOTANIKO GROUP’s Services, as well as the proper use of materials, content and software developed and created by BOTANIKO GROUP.
For convenience, each of BOTANIKO GROUP’s online services shall be referred to as the “Service” or “Services”.
By accessing, downloading or using any of our Services in any way, including accessing the Services through any third-party Platforms (including mobile or web platforms, social networking sites or otherwise); or by clicking on the "I ACCEPT" button, or by completing the registration process for an Account, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND, IN JURISDICTIONS WHERE CONSENT IS REQUIRED FOR BOTANIKO GROUP TO PROCESS YOUR PERSONAL INFORMATION, YOU CONSENT TO THE COLLECTION, USE, AND STORAGE OF YOUR INFORMATION AS OUTLINED IN BOTANIKO GROUP'S PRIVACY AND COOKIE POLICY. (All of the above, collectively "YOUR ACCEPTANCE").
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, YOU MAY NOT USE OR CONTINUE TO USE OF THE SERVICE.
THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE RUSSIAN FEDERATION, PLEASE NOTE THAT UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE RUSSIAN FEDERATION OR EUROPEAN UNION COUNTRY IN WHICH YOU RESIDE.
The Service is licensed, not sold, to you. BOTANIKO GROUP grants you a limited, revocable, non-transferable right to access and use the Services.
BOTANIKO GROUP reserves the right to refuse any user access to the Service without notice if the user violates these Terms and, where permitted by law, for any other reason. To the fullest extent permitted by law, you agree that BOTANIKO GROUP may suspend or discontinue the Service (or any feature or application thereof) or change the content of the Service at any time, for any reason, with or without notice, and without liability.
The Services are only available to Users in certain jurisdictions who should only use the Services as permitted under applicable law. The Services may not be authorized for use in certain other jurisdictions that are subject to embargoes or any economic sanctions, as applicable.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT HAVE THE LEGAL CAPACITY UNDER APPLICABLE LAW TO AGREE TO THE TERMS. WE MAY REQUIRE PROOF OF AGE (FOR EXAMPLE, WE MAY REQUEST YOUR MONTH AND/OR YEAR OF BIRTH) OR WE MAY REQUIRE PARENTAL OR LEGAL GUARDIAN CONSENT AT ANY TIME. WE ALSO RESERVE THE RIGHT TO BLOCK USERS IS WE SUSPECT THEY ARE UNDER THE APPLICABLE AGE.
BOTANIKO GROUP can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Service and by notifying you either through a banner on the Service or, depending on your account status, via email at BOTANIKO GROUP's sole discretion. These Terms will come into effect thirty (30) days after posting. By using the Service after BOTANIKO GROUP has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular features of the Service, which will be made available to you when you use these features. These expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
In order to ensure the proper operation of its Services, BOTANIKO GROUP may publish from time to time in-games rules that shall apply to one or several specific Games (the "In-game Rules"). Such In-game Rules will be published within the "How to Play" Section of the Games and such "How To Play" Section will be available by clicking the following steps in the Game: Menu→How To Play or in the "Game Guide" section of the Games and such "Game Guide" Section will be available by clicking the following steps in the Game: Quick Travel→Settings→Guide→Game Guide, or by clicking the "?" icon in some of the browser Games. Such In-game Rules are considered an integral part of these Terms. By using the Service after BOTANIKO GROUP has added and applied In-Game Rules to one or several Games, you are agreeing to the added In-Game Rules; if you do not agree with any of the updated Terms and In-game Rules, you must stop using the Service.
You understand and agree that the Service (and any applications) are evolving. To the fullest extent permitted by law, BOTANIKO GROUP may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Mobile Applications might change the system specifications necessary to use the Mobile Application, and in such a case and to the fullest extent permitted by law, you, and not BOTANIKO GROUP, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Mobile Application. You acknowledge that when an upgrade is available, previous versions of the Mobile Application may cease to be available or no longer be supported by BOTANIKO GROUP.
(a) Technical requirements. Our Services may require you to have certain minimum technical requirement/s, as provided and detailed for the respective Service. While using and accessing the Service, you acknowledge that you read and understand the minimum technical requirements applicable in order to receive the Service.
(b) Visitors and Guests. If you are a visitor, you will be able to view and use certain features of the Service that are available without registration. You do not need to register with BOTANIKO GROUP to simply visit and view websites, the public information on the Service, or to download certain applications. You will also have the option to play Games as a guest if that is your preference.
(c) Account Registration. In order to access certain features of the Services and Games you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user of the Service ("User," or "user") who has registered an account with us ("Account") or has a valid account on the social networking service through which the User has connected to the Service (each such account, a "Third-Party Account"). When registering an Account, you may be required to provide certain information so that we can provide you with an Account identification number. Keep your Account details and passwords secured as further described in section (g) “Registration” below. In order to protect our Services, Users and BOTANIKO GROUP itself, we reserve the right, if necessary, to reject to register any Account or to terminate it in accordance with these Terms.
(d) Access through Third-Party Platforms. If you access the Service through a social networking service or other third-party service (each a "Third-Party Platform") as part of the functionality of the Service, you may link your Account with Third-Party Accounts, by allowing BOTANIKO GROUP to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to BOTANIKO GROUP and/or grant BOTANIKO GROUP access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating BOTANIKO GROUP to pay any fees or making BOTANIKO GROUP subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND BOTANIKO GROUP DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Additionally, you agree and understand that we do not control those Third-Party Platforms and their content. You are subject to and should read the terms of use agreements and privacy policies that apply to such Third-Party Platforms.
(e) Subscription and Memberships. Some of our Services offer you the possibility to purchase subscriptions and timely memberships (respectively, “Subscription” and “Membership”). Some Subscriptions and Memberships may impose additional terms specific to that option ("Subscription Terms"), including additional end user license agreement or payment terms billing procedures. The Subscriptions and Memberships may be available at different fees chargeable for a set period specified under the Subscription Terms. We may change the fees or Subscription Terms at any time upon reasonable notice, giving you the opportunity to terminate the Subscription before the new fees start applying. If you order a Subscription or Membership, you must ensure that all the information you submit is true and accurate and acknowledge that you have all authorizations and the legal capacity to engage for the order of the Subscription or Membership, as may be required under applicable laws. Note, that you can manage your Subscriptions and turn off auto-renewals in the respective device’s account settings. Subscriptions will be auto-renewed automatically, unless terminated by you in accordance with the terms and policies applicable by the Third-Party Platforms. Additional information on payment process, auto-renewal of Subscriptions cancellation for Mobile Devices can be found in the terms of the respective platform.
(f) Referral Programs. Some of our Services include offers relating to friend referral programs (“Referral Programs”). Further supplemental Terms and rules to participate in the Referral Program, including your additional required consent, may apply in order to participate in the Referral Program. By participating in a Referral Program, you hereby acknowledge and agree that you have read and understand the terms and conditions and the rules that apply on the referral program.
(g) Registration Data. In registering for the Service/s, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the fullest extent permitted by law, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (a) notify BOTANIKO GROUP immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or BOTANIKO GROUP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, BOTANIKO GROUP has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). To the fullest extent permitted by law, BOTANIKO GROUP reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
(h) Network Access. When you access the Service through a mobile network, your network or roaming provider's messaging, data, and other rates and fees will apply. Downloading, installing, or using certain services may be prohibited or restricted by your network provider and not all features of the Service may work with your network provider or device.
By using BOTANIKO GROUP's Service you agree NOT to (or solicit another user to):
act or allow any behavior that violates the rules of the Third-Party Platform, provided that the access to the Service is made through such a platform;
create an Account using a false identity or information, or on behalf of someone other than yourself;
create an Account or use the Service if you are a convicted sex offender;
have an Account or use the Service if you have previously been removed by BOTANIKO GROUP, or previously been banned from playing any BOTANIKO GROUP game;
use your Account, the Site, or Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages (spim and spam) to anyone;
use your Account or Service to engage in any illegal conduct;
access another user's account without permission;
use the Site or Service in any manner that violates any applicable laws or regulations or that is prohibited by these Terms;
sell, buy, trade, or exploit for any commercial purposes (or attempt any of these actions), any part of the Services, including, but not limited to, Accounts, Virtual Currency, and Virtual Goods, other than in a manner stipulated in the Games;
collect or harvest any information about other users;
post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially, ethnically, or religiously insulting, discriminative, threatening, or hateful on the basis of gender or political views, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material or conduct;
discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
use features of the Site or Service for anything other than their intended purpose;
interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third-Party Platforms;
decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service, including any Service available on or through Third-Party Platforms;
engage in any other prohibited conduct;
You further represent and warrant that (a) you are not located in a country that is subject to any governmental embargos (including and without limitation, under embargos issued by the US, EU, UK and Australia), or that has been designated by the any governmental authority as a "terrorist-supporting" country; and (b) you are not listed on any list of prohibited or restricted parties.
Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your license, and may subject you to liability for violations of law. To the fullest extent permitted by law, BOTANIKO GROUP reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. In the event of a breach of any of the above, BOTANIKO GROUP will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using the Service, and/or informing the appropriate authorities.
Purchase of items on Mobile Devices or Third Party Platforms. All Payments for Service/s conducted via your Mobile Devices or through Third Party Platforms (including social network platforms such as via Facebook Pay) will be conducted and processed through and by the respective Third-Party Platform. The terms of use and payment of the Third-Party Platform shall apply in this regard, supplemented by these Terms of Use. Virtual Currency and Goods bought through the Third-Party Platform will be available on your User Account in any platform you are registered with your Account Registration ID.
Purchase of items through BOTANIKO GROUP Store, BOTANIKO GROUP Play and other BOTANIKO GROUP websites. You may be asked to provide information about your payment methods, including credit cards information. We do not keep or save this information and we do not process any of your payment. The processing of payment is performed by third-party payment processors and payments service providers, including acquirer/s, credit card issuers, your financial institution or alike (“Payment Service Providers”). The services provided by Payments Service Providers may be subject to the supervision of financial regulators and is subject to the Payment Service Providers terms of use that may apply on the transaction.
The processing of payments may depend on the type of payment method used by you and there may be certain payment methods that will not be acceptable by the Payment Service Providers or may be subject to restrictions imposed by them (including restrictions imposed on the use of certain kinds of Credit Cards.
Debit, certain Brands, or different restriction on transactions of certain currencies). To the fullest extent permitted by law, we are not liable for any payments conducted by you and for the performance of any of the Payment Service Providers. By approving the purchase, you accept the terms and conditions or any restrictions that may be applicable by the Payment Service Providers.
Taxes and other charges applicable. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. BOTANIKO GROUP may revise the pricing for the goods and services offered through the Service at any time. BOTANIKO GROUP may also provide links to other websites or third-party services, some of which may charge separate fees, which are not included in any fees that you may pay to BOTANIKO GROUP. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Fees are non-refundable (please refer to Section 5).
IF YOU ARE LOCATED IN THE US, YOU MAY BE SUBJECT TO ADDITIONAL TAXES INCLUDING SALES TAXES. WE MAY CHARGE YOU FOR THOSE TAXES, IN ADDITION TO ANY OTHER APPLICABLE FEES INCURRED. IF YOU ARE LOCATED IN THE EU OR UK, ALL FEES INCLUDE THE EU AND UK VAT TAX. THE VAT COLLECTED BY US OR BY THE THIRD-PARTY PLATFORM REFLECT THE VAT DUE ON THE VALUE OF ANY CONTENT OR SERVICES.
(a) Term. The Terms commence on the date when you Accept them (as described in the preamble above) and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms.
(b) Termination by you. If you want to terminate the Terms, you may do so by closing your Account and ceasing to use the Service.
(c) Termination by us. We reserve the right to terminate or suspend your Account or access to any or all of the Games or Services at any time and for any reason. Where required by law we will provide you with prior reasonable notice. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms or any Applicable Law. We may also suspend the use of part of the Services in our sole discretion, including some of the interactive features within our Games (such as chats and instant messaging functionalities within the Games or other Online Services) in accordance with our policies and in the event of a breach of these Terms and the Rules of Conduct (section 4 above).
(d) Effect of Termination. In the event that we terminate or suspend your Account, you will have no further access to your Account or any information or functionality associated with it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired during your use of the Games or the Service. Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. To the fullest extent permitted by law, BOTANIKO GROUP will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED.
You agree that your access and use of the Service shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTANIKO GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. BOTANIKO GROUP makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and, to the fullest extent permitted by applicable law, assumes no liability or responsibility for any:
errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Site, or Games;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service or Site by any third party;
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service and/or Site.
You acknowledge and agree that all intellectual property rights in our Service and its underlying technology, and all information and content available on or through the Service (excluding User Content (as defined below) but including the characters, graphics, storylines, sounds, Virtual Currency, and Virtual Goods in the Games) are owned by us and/or our suppliers (including other users).
You further acknowledge and agree that you shall have no ownership or other property interest in the Account, and that all rights in and to the Account are owned by us.
The Service is protected by copyright laws throughout the world. Subject to your compliance with these Terms, and any other relevant BOTANIKO GROUP policies, BOTANIKO GROUP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license (subject to the limitations set forth herein) to download, install, access, view, and/or use a copy of the Mobile Application on a single mobile device or computer that you own or control, solely for your personal non-commercial entertainment purposes. No other use of the Mobile Application is authorized.
You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, sell, buy, or exploit the Service or its features or components in whole or in part without our prior written authorization. You may not sell, copy, exchange, transfer, assign, or otherwise distribute anything you copy or buy from the Mobile Application, unless you are expressly permitted by BOTANIKO GROUP. We and our suppliers (including other users) reserve all rights not granted in these Terms. There are no implied licenses.
All trademarks, logos, and service marks displayed on the Service ("Marks") are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
(a) User Content. You agree that you are willingly publishing content on the Service using technology and tools provided by BOTANIKO GROUP. Any data, text, information, files, graphics, photographs, and their selection and arrangement (hereinafter "User Content"), uploaded, posted to, emailed, transmitted, or otherwise made available ("Make Available") through the Service are subject, whether in whole or in part, to unlimited commercial, non- commercial, and/or promotional use by BOTANIKO GROUP. (When User Content is Made Available by you, it becomes "Your Content"). You are solely responsible for Your Content. Thus, users are responsible, and BOTANIKO GROUP is not responsible, for any User Content users Make Available. BOTANIKO GROUP may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content Made Available via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. To the fullest extent permitted by law, you agree that BOTANIKO GROUP will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. BOTANIKO GROUP does not have the obligation to and will not monitor any User Content but has the right, in its discretion, to remove any User Content in case of a complaint. Where required by law, BOTANIKO GROUP will inform you before or after removing the User Content you published or uploaded.
(b) Public Discourse. The Service may include various forums, blogs, and chat features ("Forums") where you can post User Content, including, but not limited to, your observations and comments on designated topics. Therefore, in addition to all other provisions of these Terms, it is specifically clarified that BOTANIKO GROUP cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not Make it Available on the Service. BOTANIKO GROUP shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk.
(c) License to User Content. You hereby grant to BOTANIKO GROUP an irrevocable, transferable, non- exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service. This license is for the term of the protection of the rights licensed or, where permitted by law, perpetual. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner. YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICE.
(d) Ownership of Your Content. BOTANIKO GROUP does not claim any ownership rights in User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit Your Content. BOTANIKO GROUP has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
(e) Ownership of Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Service, including, but not limited to, the Virtual Goods or Currency appearing or originating in any BOTANIKO GROUP Game, whether earned in a Game or purchased from BOTANIKO GROUP, or any other attributes associated with an Account or stored on or in the Service.
(a) App Stores. You acknowledge and agree that the availability of the Application and the Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Terms are between you and BOTANIKO GROUP and not with the App Store. BOTANIKO GROUP, not the App Store, is solely responsible for the Service, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
(b) Additional License Terms for use of the Service in conjunction with the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Terms are concluded between you and BOTANIKO GROUP only, and not Apple, and (ii) BOTANIKO GROUP, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BOTANIKO GROUP and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BOTANIKO GROUP.
To the fullest extent permitted by law, you and BOTANIKO GROUP acknowledge that, as between BOTANIKO GROUP and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and BOTANIKO GROUP acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringe that third party's intellectual property rights, as between BOTANIKO GROUP and Apple, BOTANIKO GROUP, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and BOTANIKO GROUP acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other provisions of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
(c) Additional License Terms for use of the Service in conjunction with the Android App Store. The following additional terms and conditions apply with respect to any Mobile Application that BOTANIKO GROUP provides to you designed for use on an Android-powered mobile device (an "Android App"):
You acknowledge that these Terms are between you and BOTANIKO GROUP only, and not with Google, Inc. ("Google").
Your use of BOTANIKO GROUP's Android App must comply with Google's then-current Google Play Terms of Services.
Google is only a provider of the Google Play store where you obtained the Android App. BOTANIKO GROUP, and not Google, are solely responsible for BOTANIKO GROUP's Android App and the Services and Content available thereon.
Google has no obligation or liability to you with respect to BOTANIKO GROUP's Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to BOTANIKO GROUP's Android App.
These Terms and any action related to these Terms will be governed by and interpreted under the laws of USA.
These Terms together with our Privacy and Cookie Policy and our Arbitration Agreement constitute the entire agreement between you and BOTANIKO GROUP regarding your use of our Service (Site, Service, Mobile Applications, Games, and all related content), and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
You may not use, export, import, or transfer the Service except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by BOTANIKO GROUP are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. Government authorization, export, re-export, or transfer the BOTANIKO GROUP products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
If you have any questions about these Terms, please contact our Support at [email protected] will make every effort to resolve your concerns.
Copyright © 2024.BOTANIKO GROUP LLC All rights reserved.