Terms of service
Overview
Welcome to Botanical Mouth. This website is operated by Botanical Mouth LLC. Throughout this site, the terms “we,” “us,” and “our” refer to Botanical Mouth LLC. We offer this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. Please read them carefully before accessing or using our website. If you do not agree to all the terms of this agreement, you should not access the website or use any services.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission by us.
Products & Pricing
All products are made to order. Because each print is produced specifically for you, please allow for minor variations in color between what you see on screen and the final printed piece. Screen calibration, monitor type, and lighting conditions can all affect how colors appear. These slight variations are inherent to the printing process and are not considered defects.
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any product.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Intellectual Property
This is important to us. All artwork, designs, images, logos, text, graphics, and other content on this website are the exclusive property of Botanical Mouth LLC and are protected by United States and international copyright, trademark, and intellectual property laws.
When you purchase a print from Botanical Mouth, you are purchasing a physical reproduction of the artwork for personal, non-commercial use only. Your purchase does not transfer any intellectual property rights to you.
You may not:
• Reproduce, duplicate, or copy any artwork in any format or medium
• Modify, alter, adapt, or create derivative works from any artwork
• Resell, license, sublicense, distribute, or commercially exploit any artwork
• Use any artwork for commercial purposes, including but not limited to advertising, merchandising, or promotional materials
• Remove, alter, or obscure any copyright notice, watermark, or attribution from any artwork
• Use any artwork in any way that suggests endorsement by or affiliation with Botanical Mouth without written permission
Unauthorized use of any content on this site may violate copyright, trademark, and other applicable laws and could result in legal action.
If you are interested in licensing artwork for commercial use, please contact us at hello@botanicalmouth.com.
Accuracy of Information
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
Purchases & Payment
We reserve the right to limit the quantities of any products that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
We accept payment through the methods displayed at checkout. By providing your payment information, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate.
Third-Party Links & Services
Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
User Comments & Feedback
If you send us creative ideas, suggestions, proposals, or other materials, whether online, by email, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments, feedback, or content that you forward to us, without compensation or acknowledgment to you.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, or contain any malware or other harmful content.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which is available on our website.
Errors, Inaccuracies & Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).
Prohibited Uses
In addition to the prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to collect or track the personal information of others; to spam, phish, or engage in any other harmful activity; or to interfere with or circumvent the security features of the Service.
Disclaimer of Warranties & Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
In no case shall Botanical Mouth LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product.
Indemnification
You agree to indemnify, defend, and hold harmless Botanical Mouth LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States.
Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Contact Information
Questions about the Terms of Service should be sent to us at hello@botanicalmouth.com.
Botanical Mouth LLC
hello@botanicalmouth.com
51 Manning Street, Portsmouth, NH 03801