Effective May 30, 2018
PLEASE READ CAREFULLY
ACCESS RESTRICTED TO PEOPLE OF LEGAL CANNABIS USE AGE
THE SERVICES ARE INTENDED ONLY FOR PERSONS OF LEGAL CANNABIS USE AGE BASED ON THE JURISDICTION WHERE SUCH CONTENT IS BEING ACCESSED OR VIEWED. YOU WILL BE REQUIRED TO VERIFY YOUR DATE OF BIRTH PRIOR TO ENTERING OR INTERACTING WITH A SERVICE.
WE DO NOT KNOWINGLY COLLECT INFORMATION FROM THOSE UNDER THE LEGAL CANNABIS USE AGE AND REQUEST THAT SUCH INDIVIDUALS DO NOT PROVIDE ANY INFORMATION TO US OR ACCESS OUR SERVICES. IF YOU ARE UNDER THE LEGAL CANNABIS USE AGE IN YOUR JURISDICTION AND HAVE USED OUR SERVICES BY PROVIDING A FALSE DATE OF BIRTH, YOU MUST IMMEDIATELY LEAVE CEASE USING THE SERVICES. IF YOU BELIEVE SOMEONE UNDER THE LEGAL CANNABIS USE AGE HAS PROVIDED US WITH INFORMATION BY OBTAINING ACCESS IN VIOLATION OF OUR ACCESS RESTRICTIONS, PLEASE CONTACT US IMMEDIATELY AND THIS INFORMATION WILL BE REMOVED.
REVIEWER AND DISPENSARY ACCOUNTS
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Services. You are responsible for maintaining the confidentiality of your account password and we are not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Your Content
“Your Content” means all text, graphics, photos, audio, video, and other form of data that you submit or transmit to, through, or in connection with the Services, such as your uploaded photos, videos, comments, testimonials, ratings, reviews, product descriptions, effects and purchase location, and information that you publicly display in your account profile.
You are responsible for and assume all risks associated with Your Content, including any other User’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described in these Terms. You may expose yourself to liability if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We reserve the right to remove, screen, edit, or reinstate Your Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing our licensees to do the same. As such, you hereby irrevocably grant us and our licensees world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works or Your Content for any purpose and you irrevocably waive any claim of “moral rights” or attribution with respect to Your Content. Please note that you also irrevocably grant other Users the right to access Your Content in connection with their use of the Services.
In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
- Our Content
We own the content we create and make available in connection with the Services including (but not limited to) visual interfaces, interactive features, graphics, design, compilation, (including our compilation of User content), computer code, products, software, aggregate User review ratings, and all other elements and components of the Services excluding Your Content and other User content (“Our Content“). We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights“) associated with the Our Content and the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and Our Content are retained by us.
- User Content is not Prescreened
We do not prescreen content posted by Users and cannot guarantee the Services will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution and we have no liability relating to any User content. Even in the event we choose to monitor any User content, we assume no responsibility for, or any obligation to monitor or remove, such User content. If you have concerns about any content posted by another User, please notify us at email@example.com.
You agree to use the Services in a manner consistent with all laws and regulations and in accordance with these Terms. Except as expressly and unambiguously permitted in these Terms or other written consent from us, you may not, and you may not facilitate or permit anyone else to, directly or indirectly:
- Violate these Terms;
- Use any manual process or robot, spider, scraper, or other automated means to collect information from the Services or from Users of the Services;
- circumvent any of the technical limitations of the Services, or decompile, disassemble or otherwise reverse engineer the Services;
- perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other Users;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
- impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another User’s account without the User’s permission;
- use any metatags or any other hidden text incorporating our name or trademarks in any online site or posting;
- solicit, trace or otherwise collect any information from Users;
- Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except in connection with a Dispensary Account and as expressly permitted by us;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Services’ search results;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or
- post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.
COPYRIGHT INFRINGEMENT NOTICE PROCEDURE.
We respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Services in a way that constitutes copyright infringement, then please contact us at firstname.lastname@example.org and provide the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located throughout the Services;
- An address and telephone number where you can be contacted, including an email address if possible;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
TRADEMARK INFRINGEMENT NOTICE PROCEDURE.
If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), please contact us at email@example.com and provide the following information:
- The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
- The jurisdiction or geographical area to which the mark applies.
- The name, post office address and telephone number of the owner of the mark identified above.
- The goods and/or services covered by or offered under the mark identified above.
- A description of the manner in which the you believe your mark is being infringed upon.
- The precise location of the infringing mark.
LINKS TO OUR SERVICES.
You may link to our Services, provided you do so in a way that is fair, clearly identifies Cannacite, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.
We reserve the right in our sole discretion to (i) terminate your Reviewer or Dispensary Account, (ii) delete any of Your Content, (iii) restrict your use of all or any part of the Services, and (iv) modify or discontinue the Services (or any part of the Services), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Services by using any technology available, such as blacklisting certain IP addresses or device numbers.
REPRESENTATIONS AND WARRANTIES.
You represent and warrant that: (i) you are 21 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Services; (iii) you are eligible to use the Services and have the right and power to enter into these Terms; and (iv) you and your use of the Services will be in compliance with these Terms.
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SERVICES AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SERVICES, ANY CONTENT ON THE SERVICES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SERVICES. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SERVICES.
MEDICAL ADVICE DISCLAIMER
REVIEWERS OR DISPENSARIES MAY PROVIDE INFORMATION OR RESOURCES RELATED TO THEIR EXPERIENCE WITH CANNABIS PRODUCTS AS TREATMENT FOR VARIOUS MEDICAL OR HEALTH CONDITIONS. SUCH MATERIAL IS PROVIDED FOR YOUR REFERENCE AND FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE OR AN ENDORSEMENT OF ANY CLINICAL OR THERAPEUTIC METHOD, TREATMENT, SERVICE. SUCH MATERIAL IS NEITHER SPONSORED OR ENDORSED BY CANNACITE. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER AND ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OUR SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY USERS IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY AND DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANNACITE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVERS OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SERVICES; (ii) THE SERVICES OR THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE SERVICES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Cannacite, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, Your Content, any use of Our Content and Services other than as expressly authorized in these Terms.
By using the Services, you agree to receive certain electronic communications from us. You may unsubscribe from communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and us may be recorded.
THIRD PARTY sites.
The Services may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms, including without limitation, Content, Indemnity, Warranty Disclaimer, Medical Advise Disclaimer, Limitation of Liabilities and Damages, and Miscellaneous.
These Terms are personal to you. You may not assign these Terms or any rights and licenses in these Terms to another party. These Terms may be assigned by us without restriction.
This Agreement shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
- Limitations on Claims.
Any cause of action or claim you may have with respect to Cannacite or the Services must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
- No Waiver & Severability.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms. If any provision in these Terms is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of shall continue to be valid and enforceable.
- Entire Agreement.