Last updated: November 25, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://live.bonsaimriai.com website (the “Service”) operated by International Bonsai Mirai, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Some areas of the Service are available to you for free, while others require the purchase of a paid subscription. Regardless of whether the Service is accessed with or without payment, access to and use of the Service is subject to the terms of this Agreement.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
A Subscriber (“Subscriber”) is any user who registers for an account on the Service and successfully pays for a subscription at one of the three tiers available for purchase. International Bonsai Mirai, LLC hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in the Service (only including what is deemed accessible at the Subscriber’s subscription tier) according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Each Subscriber agrees that the Service may not be Accessed by any person other than the Subscriber. Each Subscriber shall be authorized to access the Service from any Internet connection.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). If you wish to purchase any subscription made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address, billing address, and credit card number.
You will be billed in advance on a recurring basis, depending upon the tier and billing frequency you select during the Subscription purchasing process. You will have the choice between being billed on a monthly recurring basis or a yearly recurring basis. The available tiers of subscription options are as follows:
A Subscription to any of these tiers is subject to the following additional terms:
International Bonsai Mirai, LLC strives to provide the Service to its Subscribers on a continuous basis. To that end, International Bonsai Mirai, LLC will take all commercially reasonable efforts to provide uninterrupted Access to the Service to its Subscribers. However, from time to time, Subscribers may be unable to Access the Service due to conditions beyond International Bonsai Mirai, LLC’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Service to its Subscribers, International Bonsai Mirai, LLC will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. International Bonsai Mirai, LLC endeavors to provide the highest quality content to its Subscribers. To that end, International Bonsai Mirai, LLC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Service in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of the Service. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the website (http://live.bonsaimirai.com/). Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Service.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Service that in any way affects the use, enjoyment or service of the Service, or adversely affects International Bonsai Mirai, LLC’s computers, servers or databases.
Capture, download, save, upload, print or otherwise retain information and content available on the Service other than what is expressly allowed by these Terms.
Permit or provide others Access to the Service using your account name and password or otherwise, or the name and password of another authorized User.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Service.
Transfer the Service’s content to another person; “Mirror”, “embed”, “iframe” or employ similar navigational technology to the Service’s content. Violate or attempt to violate International Bonsai Mirai, LLC’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Service or corrupt the Service in any way.
Engage in any other conduct which violates the Copyright Act or other laws of the United States.
Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Service or International Bonsai Mirai, LLC.
Use the Service to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
Misrepresent Your identity or personal information when Accessing the Service; forge any TCP/IP packet header or any part of the header information in any email so that the email appears to be generated by International Bonsai Mirai, LLC.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Service or in its Chatwee chat widget; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on the Service.
Provide any commercial hosting service with Access to the Service and/or the content on the Service.
To ensure that Users of the Service do not engage in Prohibited Conduct, International Bonsai Mirai, LLC reserves the right to monitor use of the Service and reserves the right to revoke or deny Access to the Service to any person or entity whose use of the Service suggests Prohibited Conduct.
Access of the materials available on the Service beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Service and will result in revocation or denial of Access to the Service. The terms “normal patterns” and “abuse” shall be determined solely by International Bonsai Mirai, LLC. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
Our Service may contain links to third-party web sites or services that are not owned or controlled by International Bonsai Mirai, LLC.
International Bonsai Mirai, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that International Bonsai Mirai, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us. You can send any questions you may have to firstname.lastname@example.org.
International Bonsai Mirai, LLC warrants that the software that allows Users to Access the Service (“Software”), if operated as directed, will substantially achieve the functionality described on the Service. INTERNATIONAL BONSAI MIRAI, LLC PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SERVICE. International Bonsai Mirai, LLC also warrants that the media containing the Software, if provided by International Bonsai Mirai, LLC, is free from defects in material on the date the User acquired the Software. INTERNATIONAL BONSAI MIRAI, LLC’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE SERVICE. THE USER MUST INFORM INTERNATIONAL BONSAI MIRAI, LLC OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR INTERNATIONAL BONSAI MIRAI, LLC WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. INTERNATIONAL BONSAI MIRAI, LLC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED. ALTHOUGH INTERNATIONAL BONSAI MIRAI, LLC HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SERVICE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
USER ACCESSES THIS SERVICE AT HIS/HER/ITS OWN RISK. USER WAIVES AND RELEASES ANY CLAIMS AGAINST INTERNATIONAL BONSAI MIRAI, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WHATSOEVER, INCLUDING WITHOUT LIMITATION FOR PROPERTY DAMAGE OR PERSONAL INJURY, THAT ARISE OUT OF, RELATE TO, ARE INSPIRED BY, OR ARE SPECIFICALLY DERIVED OR LEARNED FROM USER’S VIEWING OR ACCESSING THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN THIS AGREEMENT), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. INTERNATIONAL BONSAI MIRAI, LLC DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SERVICE. INTERNATIONAL BONSAI MIRAI, LLC DOES NOT WARRANT THAT THE INFORMATION ON THE SERVICE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL INTERNATIONAL BONSAI MIRAI, LLC OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT INTERNATIONAL BONSAI MIRAI, LLC RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE SERVICE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL INTERNATIONAL BONSAI MIRAI, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT INTERNATIONAL BONSAI MIRAI, LLC RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE SERVICE, EVEN IF INTERNATIONAL BONSAI MIRAI, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF INTERNATIONAL BONSAI MIRAI, LLC, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. INTERNATIONAL BONSAI MIRAI, LLC IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SERVICE. NO DEALER, AGENT, OR EMPLOYEE OF INTERNATIONAL BONSAI MIRAI, LLC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. INTERNATIONAL BONSAI MIRAI, LLC DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT INTERNATIONAL BONSAI MIRAI, LLC RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SERVICE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
User agrees to defend, indemnify and otherwise hold harmless International Bonsai Mirai, LLC and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Service, or breach of these Terms.
Users are prohibited from violating or attempting to violate the security of the Service. International Bonsai Mirai, LLC has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. International Bonsai Mirai, LLC may suspend Your Access while it conducts an investigation. Users are required to enter a user account name and password to Access the Service. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Service. You are responsible for maintaining the secrecy of Your user account name and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms. You may not use the account, user account name or password of someone else at any time. You agree to notify International Bonsai Mirai, LLC immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify International Bonsai Mirai, LLC immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. International Bonsai Mirai, LLC will not be liable for any loss that You incur as a result of someone else using Your user account name and password with or without Your knowledge. You may be held liable for any losses incurred by International Bonsai Mirai, LLC, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user account name or password. International Bonsai Mirai, LLC will never ask You for Your password. If You need a new user name and/or password, International Bonsai Mirai, LLC will generate a new account user account name and password automatically through its computers and send it to Your email or postal address.
In addition to International Bonsai Mirai, LLC’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. International Bonsai Mirai, LLC may also terminate Access to the Service or cancel subscriptions to the Service without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that International Bonsai Mirai, LLC deems inappropriate. In the event of termination of this Agreement, the terms found in this agreement shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between International Bonsai Mirai, LLC and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between International Bonsai Mirai, LLC and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, International Bonsai Mirai, LLC may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. International Bonsai Mirai, LLC’s remedies are cumulative and not exclusive. Failure of International Bonsai Mirai, LLC to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Service, User signs for and accepts this shortening of the statutes of limitations. International Bonsai Mirai, LLC makes no representation that the content of the Service is appropriate or available for use in all locations. International Bonsai Mirai, LLC operates this Service from the United States and makes no representation that the Service complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Service. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. International Bonsai Mirai, LLC cannot provide notifications via post, only email.