Website Terms and Conditions of Use
www.livingartbonsai.com (the Site) is an Internet website owned and operated by Premier Bonsai, LLC (the Company). The Company maintains the Site for use as a tool for your entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without the Company's written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
Questions or comments related to Website Terms and Conditions of Use may be directed via e-mail to LivingArtBonsai@vrtx1.com.
1. All text, images, and graphics on the Site are copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions without the written permission of the Company. The Company neither warrants nor represents that use of materials displayed on the Site will not infringe on the rights of third parties not owned, controlled, or affiliated with the Company.
2. While the Company uses reasonable efforts to include accurate and up to date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Neither the Company nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Company also assumes no responsibility, and shall not be liable for any damages to, your computer equipment or other property due to viruses that may infect your computer on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Images of people or places displayed on the Site are either the property of or used with permission by the Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited.
6. The Company has not reviewed all of the websites linked to the Site and is not responsible for the content of any off-Site pages or any other websites linked to the Site. Your linking to any other off-Site pages or other websites is at your own risk.
7. While we are always happy to hear from you, it is the Company policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request in writing. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as original artwork, written works, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. The Company or its affiliates may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
8. You agree to indemnify, defend and hold the Company and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company defense of such claim.
9. The Site is controlled and operated by the Company. The Company makes no representation that materials in the Site are appropriate or available for use in locations and countries outside of our business location. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by the Company.