Terms and Conditions
MarijuanaLife and/or its related or affiliated companies (“MarijuanaLife,” “Provider,” “We,” “Our” or “Us”) makes this website (“Website”), including all offerings, information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned or licensed by Us (collectively, “Materials or Services”) available for your use subject to these Terms and Conditions of Use.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE.
By using this Website, you (“You,” “Your” or “User”) accept and agree to these Terms and Conditions of Use. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials or Services from this Website, or using Website software, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
We may offer services, features, or functionality that is operated by a third party and made available through our Services (including services we may offer jointly with a third party), (collectively “Third Party Services”). In the event that you use Third Party Services, the terms from each party shall govern the respective party’s relationship with You.
CHANGES TO THE TERMS AND CONDITIONS OF USE.
We reserve the right to change the Terms and Conditions of Use at any time. Your continued use of the Website after a change or update has been made to the Terms and Conditions of Use will constitute Your acceptance of such change or update. If You do not agree to the Terms and Conditions of Use or any changes or updates, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions of Use, Your authorization to use the Website automatically terminates.
ELIGIBILITY.
To be eligible to register and create an authorized account (“Account”) on the Website, You must be at least eighteen (18) years of age. By using the Website, You represent that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions of Use. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential User.
SERVICE NOT AVAILABLE IN SOME JURISDICTIONS.
You are subject to the laws of the state, city or other legal entity (collectively “Jurisdiction”) in which You reside and/or from which You access the Website and the Service. WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an Account and/or participate in a Service, offered on the Website while located in a prohibited Jurisdiction, You will be subject to having Your Account suspended or terminated. You hereby agree that Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation. Provider makes no representations or warranties, implicit or explicit, as to Your legal right to participate in any Service offered on the Website.
ACCOUNT REGISTRATION.
In order to participate in certain Services on this Website, including Promotions, You will need to create an Account. You agree that all information that You submit during the registration process is true and accurate. Any information collected by Provider will be subject to Our Privacy Policy. The username is subject to Our approval in our sole and absolute discretion and can be amended by Provider without prior notice.
If You register through Your social network services (“SNS”) account, You will be asked to login to the Service using Your SNS account credentials. By creating a Website account via Your account with an SNS, You are allowing Provider to access Your SNS account information and You are agreeing to abide by the applicable terms and conditions of Your SNS in Your use of the Service via such SNS.
By registering for an Account, You also consent to allow Provider to access Your Account information. Provider reserves the right to reject or revoke Your Account at its discretion for any or no reason.
YOUR ACCOUNT.
Once You have the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Provider by sending an e-mail to legal@marijuanalife.com , whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider.
Only one Account is allowed per User. If it is determined that You have registered more than one Account, then You acknowledge and agree that Provider has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Website or Services offered therein that require an Account.
Your Account is not transferable. You may not allow any other person to access Your Account or participate in any Service using Your Account information. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers, including, without limitation, in such a way that may breach the standards or laws in any Jurisdiction where You represent that You are located and/or are a resident, or where such other person is located and/or is a resident. Provider will not be liable for any loss that You incur as a result of someone else using Your Account, either with or without Your knowledge. Further, You will be liable for losses incurred by Provider or another party due to someone else using Your Account.
THIRD PARTY PAYMENT PROCESSORS
Provider may use third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments for purchases. The information that We provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize Us, as necessary, to instruct such Payment Processors to handle payments and You irrevocably agree that Provider may give such instructions on Your behalf in accordance with your requests as submitted through the Website. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and Conditions of Use and the Payment Processors’ terms and conditions, then these Terms and Conditions of Use shall prevail. You agree that Provider is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party in connection with Your use of the Website.
INTELLECTUAL PROPERTY RIGHTS.
All Materials, including any compilation of any content included on this Website, are owned or licensed by Us and protected by United States and international copyright laws. We do not claim ownership of copyrights owned by third parties.
Provider grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to use, download, view or play the Materials. This license is subject to your full compliance with these Terms. When you download or use Materials, You agree to and You must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any code associated with the Services. You also agree that You will not, including by use any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage or as expressly authorized by Provider).
Except as expressly set forth elsewhere in these Terms, nothing in these Terms will be interpreted to grant You any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Materials or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Materials. You agree that You will not charge any person or entity to view, listen, play or otherwise access any Materials, or disseminate any Materials in any manner to the public (for free or for a fee). Users may not provide copyrighted or other proprietary information to Us without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
All trademarks, whether product names or company names, including accompanying logos, if any, appearing on the Website are the property of Us or their respective owners. These trademarks may not be used without prior written permission of their respective owners. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including past, present and future versions of the Services), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; widgets; artwork; information; data; designs; compilations; advertising copy; logos; domain names; Provider logos, trademarks and services marks, and any other Provider product and service names that are trade identities of Provider (the “MarijuanaLife Marks”); any and all copyrightable material (including source and object code); the “look and feel” of the Services; the compilation, assembly and arrangement of the Services; and all other materials related to the Services (collectively, the “Materials”) are owned, controlled or licensed by Provider, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to You in writing by Provider, no rights (either by implication, estoppel or otherwise) are granted to You. Any and all rights to use any Materials not expressly granted to You under these Terms are hereby reserved for Provider and/or its parent, members, managers, subsidiaries affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Provider’s rights to exploit fully any or all of the Materials.
You acknowledge and agree that You will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Provider’s rights therein. You acknowledge and agree that You will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of Provider, unless and except as is expressly provided in these Terms. Any other use of the Materials or MarijuanaLife Marks without the prior written authorization of Provider is strictly prohibited.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Us in connection with Your use of this Website shall be Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose such Ideas in any manner, without restriction and without compensation to You.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
You acknowledge and agree that Our Privacy Policy, including, but not limited to, the manner in which We collect, use and disclose Your personally identifiable information, is incorporated and made part of these Terms and Conditions of Use. If You do not agree to each and every part of Our Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website.
BLOGS, FORUMS, & OTHER INTERACTIVE SERVICES OR AREAS.
The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, or other areas or offerings in which You or other parties create, post, upload or store any content, messages, videos, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive Areas and use them at Your own risk.
By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content. We take no responsibility and assume no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto. You understand that Your use of the Website and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable and that any violations will be the onus and financial responsibility of the User who posted the Content. We are not liable for any statements, representations or User Content provided by its users in the Interactive Areas. User agrees that We are not responsible for and do not endorse any Content posted by any user. We do not have any obligation to prescreen, monitor, or remove any Content posted by any user.
Although We have no responsibility for any User Content posted in any Interactive Area, You agree to grant to Us the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, as well as Your name and likeness in connection with the foregoing, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You and without obligation, remuneration or attribution of any kind to User or anyone else. You agree not to delete or revise any User Content posted by any other party.
We reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time for any reason without notice. User further authorizes Us to publish User Content in searchable format that may be accessed by Services, users of Services, and third parties. Except as prohibited by law, User waives any moral rights User may have in any User Content, even if such user Content is altered or changed in a manner not agreeable to User. It is possible that Content may not be accessible by User though Services, but still may be stored by Us for any reason including legal obligations.
Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and Conditions of Use for the Website and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website. It is Provider’s sole discretion to determine whether a User has violated any Terms and whether a User account will be suspended or terminated. In addition, if a User creates risk or possible legal exposure for Provider, the User’s account can also be terminated under Provider’s sole discretion. If User’s account is terminated, User loses any rights or privileges gained by being a User.
Any User Content You post on the Website may become available to the public and can be collected and used by others. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
ONLINE CONDUCT.
You agree to use the Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the laws of Your jurisdiction and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) attempting to sell, lease or rent any account; (ix) receiving any compensation for using Services without Our prior written consent; (x) developing or using any third party applications or services that interact with Content or the Services without our prior written consent. (xi) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website and any Promotions offered therein; (xii) harassing other Users; (xiii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xiv) causing any breach of the security of Your Account or the Website; (xv) breaching any of these Terms of Service; or (xvi) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
Provider reserves the right to block, suspend, cancel or terminate Your Account without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of the Terms of Conditions and Use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
In no event shall MarijuanaLife be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages that result from the use of the Services, the inability to use the Services, the information within or related to Services including but not limited to instructions, or the actions of any users. You assume total responsibility in using the Services and the only remedy for dissatisfaction with the Services is to discontinue any usage with Services. If, notwithstanding these Terms, MarijuanaLife is found liable to you for any damages or loss which arises out of or is any way related to your use of the Services or any content, MarijuanaLife’s liability shall in no event exceed $1.00. In the event your jurisdiction does not allow a limitation of liability, the foregoing limitation of liability may not apply to you.
THIRD PARTY LINKS.
This Website contains links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under Our control. We make no warranties or representations, and disclaim all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. User understands that some Content on MarijuanaLife is from Third Party Services and We are not responsible nor claim ownership of the content provided by Third Party Services including but not limited to Instagram, Twitter, Facebook and other similar third parties. You agree that We have no responsibility to You with respect to such material.
TERMINATION.
These Terms and Conditions of Use shall become effective upon Your acceptance or Your use of the Website, and shall continue until terminated by Provider or You as provided for under the terms of this section. You may terminate Your Account at any time by contacting legal@marijuanalife.com.
SECURITY.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and keeping Identifiers and Password secret and secure and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or Identifiers.
Provider reserves the right to refuse access to Services, Materials and/or to the Website to any User for any reason at any time.
Provider reserves the right to change account settings for any reason at any given time.
If You are using these Services on behalf of a legal entity, You represent that You are authorized to enter in an agreement on behalf of the legal entity. You will not assign the Terms or assign any rights, responsibilities, or liabilities and any purported assignment or delegation by You without prior written consent by Provider.
We reserve the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (“Indemnified Parties”) from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by Us and any other Indemnified Party from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against all Indemnified Parties: (a) in connection with Your use of the Service or the use of the Service using Your Account; (b) Your use of the Website or Materials, including any data or work transmitted or received by You or any service provider; (c) Your decision to submit postings or videos; (d) Your violation of these Terms and Conditions of Use; or (e) Your violation of any rights of a third party or service provider. This defense and indemnification will survive any attempted or actual termination of these Terms and Conditions of Use and Your use of the Website.
APPLICABLE LAW
User understands that the Services are hosted in Cyprus and is governed by Cyprus laws. Usage of Services means that a user outside of Cyprus is transferring information to Cyprus and that the user knowingly agrees to and understands this transfer and waives any other protections afforded to them by sharing their Content.
Any dispute relating in any way to your visit to or other use of this Website shall be subject to the laws of Cyprus and you consent to exclusive jurisdiction and venue in Cyprus. By visiting the Website, even if accessed from a location outside Cyprus, you agree that the laws of Cyprus will govern these disclaimers, Terms and Conditions of Use and this Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to Our Website and these disclaimers, Terms and Conditions of Use or this Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in Cyprus.
If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions of Use and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
ENTIRE AGREEMENT.
These Terms and Conditions of Use constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will be effective only if in writing and signed by Us.
Date Last Modified: February 1st, 2016.
These Terms and Conditions of Use may be changed at any time.
