TERMS OF SERVICE
These Terms of Service (herein, these “Terms“) govern your access to WeedArea as well as the use of WeedArea’s (a) websites, mobile applications, portals, software and channels that link to or otherwise reference these Terms, together with WeedArea.com, and (b) social media channels and pages (collectively, the “Websites”), including any services, content, features, media, functions, tools and links contained or offered therein (collectively, the “Services”). Please kindly make sure that you read these Terms carefully, because it is a lawfully binding contract between the applicable WeedArea entity that owns the appropriate website or provides the acceptable Services that you simply may be using or accessing, on the one hand, together with your successors and heirs, you, and the corporate entity that you represent (in these Terms, you shall be referred to as “your” or “you”), on the other hand. By using or accessing any of the Websites, you comply with being lawfully bound by these Terms. If you do not settle for and comply with these Terms, you may not use or access any of the Websites or Services or create an account or user profile. For purposes of these Terms, “WeedArea”, “we”, “us” or “our” shall mean WeedArea Management Group, as applicable and its affiliated entities which: (x) is, directly or indirectly, majority-owned by WeedArea holding company, the direct parent company of WeedArea Management Group; and (y) own the applicable website or provides the suitable Services that you could also be accessing or using.
Certain areas of the Services and Websites (and your use of or access therein) could have different terms, policies, conditions, guidelines, and rules, which govern the use of and access to such Services and Websites (as applicable, the “Additional Terms”). The additional Terms will be posted (via a link) to the appropriate website or Services and will be changed from time to time. If there’s a conflict between the Terms and any additional Terms for a particular Service or website, the additional applicable Terms shall govern and take precedence over these Terms regarding your use of or access to that Service or website.
The services and websites are intended only and solely accessible to persons within the age of at least eighteen (18) years, who can consciously and willingly enter the legally binding contracts under appropriate law. Note that certain of the Services or Websites require you to be twenty-one (21) years of age to use and access such Services and Websites. Please check the applicable Additional Terms for such Websites and Services for further information. Without limiting the preceding, the Services and Websites are not accessible to suspended members or minors or users. Further, your user ID and account for any of the Services or Websites may not be sold or transferred to another party. If you registered, as a business entity, you further represent that you have the authority to restrict the business to these Terms and pertinent agreements or any other related. If there is no such order, you will be held responsible individually responsible for any actions taken under your user identity. You also represent that any party you invite to participate in any of the related functions or Services with you is also of legal age as described above.
By using or accessing the Services or Websites, you entitled to receive such communications from us by electronic means. We will reach out to you in a variety of ways, including, without limitation, by text, e-mail, by posting notices or in-app push notices and messages on the Websites or through any of the Services. By using and accessing the Services or Websites, you willingly and consciously agree that any contracts, disclosures, agreements, and communications that we provide to you via electronic means satisfy any legal requirement that such communications be in writing.
Using The Services
User Registration and Accounts
To access or use some of the Services or Websites, you must first register and create an individual profile for yourself or business for such Service or Website (“User Profile“).
By establishing a Profile, you agree that:
If any information that you share, or if we have reasonable grounds to suspect that any information that you provide, is false, offensive, incomplete, inaccurate, outdated, or violates any Additional Terms, any applicable law or these Terms, then we may terminate or suspend your account, User Profile and use of and access to the Services and Websites, at our sole discretion and without advance liability or notice.
The User Profile you possess will not be useful to conduct commercial activities, including, but not limited to, fundraising, transactions, advertising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences connecting to the User Profile, but modification to the settings may not become effective immediately or be free from error, and options may change from time-to-time. WeedArea assumes no liability or responsibility for any problems, Content or issues on your User Profile.
The User Profiles can only be set up by an authorized representative of the business or individual that is the subject of the User Profile. WeedArea does not review each User Profile to determine if an appropriate party created them. Also, WeedArea will not be held responsible for any unauthorized User Profiles that may arise on the Services. If you are sure that a User Profile listed on one of the Websites is fraudulent, illegal, fake or otherwise improper or misleading, please send an email to email@example.com
“Content” merely means any location data, text, images, audio, photos, graphics, video, reviews and all different kinds of information, media or communication.
“Your Content” means Content that you transmit through, or submit or about the Websites or Services, like reviews, photos, ratings, videos, media, messages, Services or social media posts, information and comments that you in public show or displayed in your User Profile.
“User Content” means Content that users submit or transmit to, through, or about the Websites or Services, as well as any electronic data or information with relevance their customers.
“WeedArea Content” means Content that we create or otherwise owned by us and create accessible about the Websites or Services.
“Third Party Content” means Content that originates from parties other than WeedArea or users of any of the Services or Websites, which is made accessible to the Services or Websites and not otherwise owned by us, and
“Website Content” means all of the Content that’s provided on the Websites or Services, as well as User Content, Your Content, Third Party Content (and Third Party Material and WeedArea Content.
By submitting User Content, you agree:
By submitting User Content, you acknowledge that you may expose yourself to liability if, for instance, your User Content contains material that’s false, deliberately deceptive or defamatory; violates any third-party right, as well as any copyright, trademark, patent, trade secret, ethical right, right of publicity, privacy right, or any other proprietary right intellectual property; contains material that’s unlawful, as well as illegal hate pornography or speech; exploits or otherwise harms minors; or advocates or the violation of any laws.
License to User and Third Party Content/Data
As between you and WeedArea, you retain possession of the User Content that you post, submit, give or otherwise make accessible on or through the Websites or Services. However, by submitting your User Content, you at this moment grant WeedArea and all Services and Websites, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable rights and licenses:
You irrevocably waive and cause to be waived, against WeedArea and its users, any claims and assertions of ethical rights or attribution regarding your User Content.
WeedArea doesn’t guarantee the accuracy, integrity, quality, or authenticity of any User Content. You understand that by victimization the Websites and Services, you will be exposed to a tiny low portion of Offensive Content which will be unpleasant, indecent or objectionable to some viewers. Under no circumstances will WeedArea be liable by any means for any such Offensive Content, including, but not restricted to, any errors or omissions in any Offensive Content, or any loss or damage of any kind incurred as a result of any Offensive Content uploaded, posted, transmitted, broadcast, transferred or otherwise made accessible via WeedArea, the Websites, Services or any connected process or venue.
You hereby grant WeedArea the proper and license to use any information, images or data that’s pushed or otherwise transferred to us through any of our Apis by you or by any third-party on your behalf (“Licensed Data”) for any purpose regarding any of the businesses of WeedArea or for any purpose regarding the Websites or Services, as well as in reference to displaying any information, images or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay and reprocess any of the licensed information and that we shall completely own all derivative works, graphical layouts, compilations, enhancements, modifications, adaptations, analyses, and interpretations of the authorized information. Definitions or translations of any of the authorized information prepared by WeedArea shall be owned completely by us.
WeedArea may also give users with the ability to login to the Websites or Services together with your login credentials from certain social networking sites (e.g., Facebook, LinkedIn). If you login or otherwise associate your User Account along with your login credentials from a social networking or similar website, we could use any information regarding you that’s from or otherwise posted on your social networking account, by the terms and conditions and connected legal and user policies of the relevant social networking website. If you elect to share your information with any number of social networking sites, we’ll then share your information with the websites you name, by your election, and per their terms and conditions.
Third Party Materials
The Website or Services might show, include or make accessible Third Party Content (including information, data, articles, applications or other products, services and/or materials) or contain links to 3rd party websites, services, and advertisements for third party Offers (as outlined below) (collectively, the “Third Party Materials”). You acknowledge and agree that WeedArea isn’t accountable for Third Party Materials, as well as their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or the other facet from that place. WeedArea doesn’t assume and will not have any liability or responsibility to you or any other person or user for any Third Party Materials. Third Party Materials and links to it are provided solely as a convenience to you, and you access and use them entirely at your own risk. When you link to a 3rd Party Material, the applicable third party’s terms and policies apply, as well as the third party’s privacy and information gathering practices. You ought to make whatever investigation you feel necessary or acceptable before continuing with any transaction about such Third Party Material.
The Website or Services might show, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third Party Materials” under these Terms. WeedArea displays these Offers on the website and Services as a kind of advert for the listing dispensary or another third party (the “Offeror”) solely. All Offers are made directly by the applicable offeror and may be subject to further terms, conditions, or restrictions of the offeror or beneath the applicable law, whether or not or not such terms, conditions or restrictions are expressly enclosed in the website or Services. The offeror, and not WeedArea, is solely responsible for: (a) redemption of the offer; (b) compliance with all aspects of the Offer with applicable law (including, while not limitation, the advert, recovery, and terms, conditions and restrictions related thereto); (c) all product and services it provides to you in reference to the Offer; and (d) all injuries, illnesses, damages, claims, liabilities, and prices it should cause you to suffer, directly or indirectly, in full or in part, whether associated with the utilization or redemption of an offer or not.
Indemnity and release
You comply with indemnify and hold WeedArea (and its owners, directors, managers, officers, partners, employees, independent contractors and agents and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonable attorneys’ fees) arising from or regarding any claim or demand made by any third party as a result of or arising out of or otherwise regarding (i) your use or misuse of the Websites or Services, (ii) your User Content, (iii) your violation of these Terms or any further Terms; or (iv) your violation of applicable laws or regulations. WeedArea reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you’re needed to indemnify us or any other indemnitee hereafter, and you comply with cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of WeedArea. WeedArea will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You herewith release and forever discharge WeedArea (and its owners, directors, managers, officers, partners, employees, independent contractors and agents and successors and assigns of itself or its affiliates) from, and herewith waive and relinquish your rights with regard to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third Party Materials. If you’re a California resident or resident of a state with the same applicable law, you herewith waive California civil code section 1542 in reference to the foregoing (or such other similar applicable law in your state), which states: “a general release doesn’t extend to claims which the creditor doesn’t know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Ownership; Proprietary Rights
As between you and WeedArea, you own Your Content. we own the WeedArea Content, including but not restricted to visual interfaces, interactive features, graphics, design, compilation, including, but not restricted to, our compilation of User Content and other website Content, computer code, products, software, data, aggregate user review ratings and all other elements and parts of the Websites but excluding Your Content, User Content and Third Party Material. We conjointly own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world (“IP Rights“) related to the WeedArea Content, the Websites and also the Services, which are protected by copyright, trade secret, patent, trademark laws and all other applicable intellectual property and proprietary rights and legislation. As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly show or in any means exploit any of the WeedArea Content, Websites or the Services or any of the information processing Rights of WeedArea, in whole or in part, unless expressly approved by us in writing. Except as expressly and unambiguously provided herein, we don’t grant you any express or implied rights, and that we retain all rights in and to the Websites and also the WeedArea Content.
It is WeedArea’ policy, in acceptable circumstances and at its discretion, to disable, eliminate access to and terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
By the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright office website, WeedArea will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.
If you’re a copyright owner, a licensed representative of a copyright owner, or authorized representative permissible to act under an privilege per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to WeedArea in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, WeedArea will take whatever action it deems acceptable in its sole discretion, but subject to its obligations under the DMCA, as well as removal of the challenged material from the Websites.DMCA Notice of Alleged Infringement (“Notice”)
Please note that, under 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.
Subject to your compliance with these Terms and the applicable Additional Terms, WeedArea grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Websites and Services. This license does not include (i) any resale or commercial use of the Websites or Services, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any product or WeedArea client listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Websites or Services or Website Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Additional Terms are reserved and retained by WeedArea. You may not use any meta-tags or any other “hidden text” utilizing WeedArea’ name or trademarks or other IP Rights without the express written consent of WeedArea. The licenses granted by WeedArea shall immediately terminate should you fail to comply with these Terms or any Additional Terms.
Subject to these Terms, WeedArea grants you a non-transferable, non-exclusive, license to install and use the software WeedArea makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your handheld mobile device and for your personal, non-commercial use. You acknowledge and agree that the availability of the Mobile App is dependent on the third party app platform from which you received the Mobile App (“App Platform”). You acknowledge that these Terms concern you and WeedArea, and not the App Platform. WeedArea, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty, therefore, and addressing any claims relating to it (e.g., product liability, legal compliance, or intellectual property infringement). Each App Platform may have Additional Terms to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform.
The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that WeedArea is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such sites or resources. Links to such websites or resources do not imply any endorsement by WeedArea of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such sites or resources.
Some portions of the Websites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Websites or Services. In connection with your access or use of any of the Websites or Services, you may not and will not:
You fully understand, acknowledge and agree that WeedArea may, under certain circumstances and without prior notice, immediately terminate your WeedArea User Profile and access to the Websites, Services and any other related or affiliated applications, functions and tools. Cause for account termination or suspension shall include, but not be limited to: (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules; (2) requests by law enforcement or other local, state or federal government agencies or divisions; (3) any attempts to breach our security, private accounts or other protected content on the Websites; (4) discontinuance or significant modification to the Websites or Services, or any related or affiliated website owned and/or operated by WeedArea (or any part thereof); (5) unforeseen technical, electronic, mechanical or any other difficulties or security issues; (6) prolonged inactivity of Your account, which shall be determined by WeedArea; (7) knowing, willing and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or (8) failure by you, or by your representatives, to pay, in full, any fees owed by you in connection with the Websites or any related or affiliated Service, business or website.
Termination of a User Profile will deny you access to our Services, delay or remove User Content that you submitted or commented on, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts or special offers, and take technical and/or legal steps to prevent you from using our Websites and Services in the future.
WeedArea has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
An important part of the WeedArea community is the feedback system. Users can leave reviews and comments, and we want that process to be as open as possible. Part of that openness is acknowledging that certain behaviors are not acceptable. WeedArea retains the right to remove any content posted on or submitted through any of its Websites or Services. However, the only User Content likely to be eliminated is that which violates these Terms or the rules or guidelines on the applicable Website or Service regarding reviews, comments, feedbacks and other User Content (the “Review Policies”). Please note, the Review Policies of each Website or Service may differ. Please consult the relevant Website or Service to learn about its applicable Review Policy.
Please note, WeedArea is under no obligation to enforce these Terms or any of the Review Policies on your behalf against another user. While WeedArea encourages you to let us know if you believe another user has violated these Terms or any of the Review Policies, we reserve the right to investigate and take appropriate action at our sole discretion.
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:
The laws of the state of California, excluding California’s conflict of legislation rules, will apply to any disputes arising out of or relating to these Terms or any of the Websites or Services. All claims arising out of or relating to these Terms or any of the Websites or Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, and you and WeedArea consent to personal jurisdiction in those courts.
The failure of WeedArea to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WeedArea. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and WeedArea.
You acknowledge and agree that WeedArea will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.
We do not represent that the materials in the Website or Services are appropriate or available for use in any particular location. Those who choose to access the Website or Services do so on their initiative and are responsible for compliance with all applicable laws. You represent and warrant that You are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any individual or entity on such list.
If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
You agree that your WeedArea account is non-transferable and any rights to your Websites user identification or contents within your account terminate upon your death.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
For questions about the WeedArea Websites or any of the Services we provide, please feel free to contact our Customer Service department at firstname.lastname@example.org.