Terms and Conditions
Last updated: February 24, 2019
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.
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.
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with (website URL) (the “Service”) operated by CANNACUCINE (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the CANNACUCINE website (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you breach, violate, fail to follow or act inconsistently with any part of the agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation and/or use of the services or any other product(s) or service(s) we provide. We reserve the rights in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate with or without notice, to prevent violations and enforce the agreement and remediate any purported violations. You acknowledge and agree that we have right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitation, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses or in any way uses the Service. “We,” “us,” and “our” refer to CANNACUSINE.
“Content” means text, information, images, photos, graphics, audio, video, location data, and all other forms of data or communication.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, messages, and information that you publicly display or displayed in your account profile.
“User Content” means Content that users submit or transmit to, through, or in connection with the Service.
“CANNACUSINE’s Content” means Content that we create and make available in connection with the mobile application.
“Third Party Content” means Content that originates from parties other than CANNACUSINE or its users, which is made available in connection with the Service.
“Service Content” means all the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and CANNACUSINE’s content.
Using the Service
You may only use the Website in accordance with the laws of the jurisdiction in which You will use the Website. You represent and warrant that You know the law of such state. Your use of the Website will be governed by the laws of the jurisdiction in which You use the Website. We reserve the right to deny or cancel Your account for any reason, including, but not limited to Our determination that Your use of the Website is not permitted under the laws of Your jurisdiction.
CANNACUCINE proactively determines what state or country You are in, based on information provided by You to Us. We reserve the right to deny you use of the Website based on Your geographical location.
Although many states have legalized some form of cannabis, the cultivation, manufacture, distribution and possession of cannabis and assisting with or conspiring to do the same remains illegal under United States federal law, and CANNACUCINE has made no representation to the contrary. It is Your responsibility to ensure compliance with the laws of the jurisdiction in which You use the Website. CANNACUCINE has no obligation to defend, release or hold You harmless from any civil, criminal, or administrative investigations, proceedings or penalties that may result from Your use of the Website or the App. It is federally illegal to take or transfer across state or international borders any federally illegal, controlled substance.
Assumption of Risk
You assume all risks known and unknown, foreseeable and unforeseeable, in any way connected with Your use of the Website. You accept personal responsibility for any liability, injury, hospitalization or other medical treatment, loss, death, criminal arrest or prosecution, or damage in any way connected with Your use of the Website. You retain sole responsibility for ensuring your actions are compliant with applicable laws. You waive all claims against CANNACUCINE, its owners, officers, employees, successors, agents and assigns, arising out of any activities You choose to undertake. You fully comprehend and accept all of the risks associated with Your use of the Website.
We grant you permission to use the Service subject to the restrictions on these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Registration and Account/Profile Creation
1. Registration Information
To use the website, you must be at least (Age 18 or 21 is advisable) years of age. We require that you to register and/or set up an account/profile to access visit and/or use certain portions of the service, or the service as a whole, in which case you may be provided, or required to choose, a password and/or User ID. You must provide us information that is accurate, complete, and current at all times. You may not impersonate someone else, create, claim or use an account for anyone than yourself, provide an email address other than your own, or create multiple accounts. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION OF YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
You will be solely responsible for maintaining the confidentiality of your registration Information. You may not authorize or permit anyone else to access and/or use your Registration information, or access, visit and/or use the service by use of your account/profile and/or Registration Information.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
You are solely responsible for all access or visitations to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any device on which your account/profile resides or is accessible. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
By creating an account, you agree to receive certain communications in connection with the Service. You can later opt-out of non-essential communications.
Our service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the content that you post to the service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, creating derivative works or adaptations from it, incorporating it into advertisements and other works, promoting it, and distribute such Content on and through the Service, as well as allowing other to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) you may not imply that Your Content is in any way sponsored or endorsed by CANNACUSINE.
User Content (including any that may have been created by users employed or contracted by CANNACUCINE) does not necessarily reflect the opinion of CANNACUCINE. We reserve the rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) Fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right or another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
Acceptable Use Policy
The following sets forth CANNACUCINE’s “acceptable use policy”:
- You agree to the following: (1) You will not use the Website if You are not fully able and legally competent to agree to these Terms of Service. (2) YOU WILL ONLY USE THE WEBSITE IN FULL COMPLIANCE WITH THE LAWS AND REGULATIONS OF THE JURISDICTION IN WHICH YOU USE THE WEBSITE AND APPLICABLE FEDERAL LAWS, POLICIES OR GUIDANCE (collectively “Applicable Law”). (3) You may not facilitate or promote illegal activities, including but not limited to facilitating the sale or purchase of illegal drugs, depicting or encouraging the use or sale of drugs by minors, providing the instructions for growing or manufacturing illegal drugs. (4) You will not use the Website for sending or storing any material prohibited by the Applicable Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct. (5) You will not use the Website to cause nuisance, annoyance or inconvenience. (6) YOU SHALL PROVIDE US WITH WHATEVER PROOF OF IDENTITY AND OTHER NECESSARY VERIFICATION DOCUMENTS AS WE MAY REASONABLY REQUEST.
- You agree not to use the Website to collect, upload, transmit, display, or distribute any General Content (as defined below) (1) that 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; (2) that is unlawful in Your jurisdiction, harassing, abusive, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (3) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- You agree not to use the Website to do any of the following: (1) Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data. (2) Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise. (3) Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent. (4) Interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or Services or violate the regulations, policies or procedures of such networks. (5) Attempt to or impersonate another user or CANNACUCINE or gain unauthorized access to the Website, other computer systems or networks connected to or used together with the Website, through password mining or other means. (6) Harass or interfere with another user’s use and enjoyment of the Website. (7) Introduce software or automated agents or scripts to the Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website.
Representations and Warranties
- You represent and warrant that You will not do any of the following: (1) Decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Website, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). (2) Use any means to discover the source code of any portion of the Website. (3) Remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Website. (4) Otherwise circumvent any functionality that controls access to or otherwise protects the Website. (5) Distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Website in any unauthorized manner.
We reserve the right to remove any of your content or any content that we determine in our sole discretion that violates the acceptable use policy in these terms of service. Further, if you breach these restrictions, your limited license granted herein shall immediately terminate and you may be subject to prosecution and damages.
CANNACUCINE and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertisement are subject to change without specific notice to you.
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. CANNACUCINE does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers
Modifications to Services
CANNACUCINE reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the CANNACUCINE website.
CANNACUCINE shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
Intellectual Property Rights and Grant of Rights to User
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “CANNACUCINE’s Content”) are provided to User by CANNACUCINE solely to support User’s permitted use of the Services. The CANNACUCINE Content may be modified from time to time by CANNACUCINE in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the CANNACUCINE Content by User shall constitute a material breach of this Agreement.
CANNACUCINE retain all rights in the Services and CANNACUCINE Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of CANNACUCINE or any third party is granted under this Agreement.
Subject to Your compliance with these Terms of Service, We hereby grant You a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to download, install, access and use the Website solely on devices that You own or control, for Your personal use only, and subject to the limitations set forth in this Agreement. This limited license is limited to the intellectual property rights of CANNACUCINE and its licensors and do not include any rights to other intellectual property. We reserve any and all rights not expressly granted to You pursuant to these Terms of Service. The limited rights granted to You to access and use the Website comprises a limited license and does not constitute the sale of any software program.
The Services and CANNACUCINE’s Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. CANNACUCINE expressly reserves all its rights and remedies under applicable state and federal laws. CANNACUCINE reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any CANNACUCINE’s Content, except as expressly authorized by CANNACUCINE; (2) take any action that imposes or may impose (in CANNACUCINE’s sole determination) an unreasonable or a disproportionately large load on the Services or CANNACUCINE’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or CANNACUCINE’s Content to a third party; (5) use any portion of the Services or CANNACUCINE’s Content to provide, or incorporate any portion of the Services or CANNACUCINE’s Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to CANNACUCINE); (7) modify any Services or CANNACUCINE or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or CANNACUCINE; (9) use the Services or CANNACUCINE’s Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or CANNACUCINE or access or use the Services or CANNACUCINE for competitive analysis or benchmarking purposes.
CANNACUCINE may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, CANNACUCINE may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any CANNACUCINE Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account.
You agree that CANNACUCINE shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which CANNACUCINE will have no liability whatsoever.
CANNACUCINE reserves the right (but has no obligation) to monitor, remove, or edit User Content in CANNACUCINE sole discretion, including if User Content violates this Agreement (including any CANNACUCINE Policies), but you acknowledge that CANNACUCINE may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant CANNACUCINE a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. CANNACUCINE takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
Representations and Indemnity You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by CANNACUCINE and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at CANNACUCINE request) CANNACUCINE, their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “CANNACUCINE Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
Liability Limitations In no event shall the CANNACUCINE Entities be liable for any indirect, incidental, special, exemplary, reliance, health related problems, consequential or punitive damages, including without limitation, loss of profits, business interruption, reputational harm, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer of Warranties Your use of the Service is at your own discretion and sole risk. The Service is provided on an “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis, with the express understanding that the CANNACUCINE Entities may not monitor, control, or vet user content.
The CANNACUCINE Entities make no claims or promises about the quality, accuracy, or reliability of the Service, its safety or security, or the site content. The CANNACUCINE Entities do not warrant that a) the Service will function uninterrupted, secure or available at any time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Accordingly, the CANNACUCINE Entities are not liable to you for any loss or damage that might arise, for example, from the website’s in-operability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the Service.
The CANNACUCINE Entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the Service or the Service’s users. Accordingly, the CANNACUCINE Entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or features on the Service. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Service.
Notice of Infringement; Digital Millennium Copyright Act
Anyone who believes that his or her work has been reproduced on the Website in a manner which constitutes copyright infringement may submit a notification to CANNACUCINEs’ copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: (1) identification of the copyrighted work that is claimed to be infringed; (2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Website; (3) information for Our copyright agent to contact You, such as an address, telephone number, and, if available, e-mail address; (4) a statement that You have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (5) a statement that the information above is accurate, and under penalty of perjury, that You are the copyright owner or the authorized person to act on behalf of the copyright owner; and (6) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If You are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in Your written notice. You acknowledge that if You fail to comply with all of the requirements for a notice of infringement as specified above, Your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by mail to: (ADDRESS); or by email to (EMAIL ADDRESS). We will respond expeditiously to claims of copyright infringement using the email that are reported to Our copyright agent in the notification explained above. It is Our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who infringe copyrights or intellectual property rights of others.
If You believe that any of Your Content that was removed (or to which access was disabled) after We received a notice of copyright infringement is not actually infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, You may send a counter-notice containing the following information to Our copyright agent: (1) Your physical or electronic signature (with Your full legal name); (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that You have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) Your name, address, telephone number, and email address, and a statement that You will accept service of process from the person who provided the original notification of the alleged infringement.
(d) If a counter-notice is received by Our copyright agent, We may send a copy of the counter-notice to the original complaining party informing that person that We may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, at Our sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between You and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in Your country if You make a false or bad faith allegation by using this process.
Severability If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by CANNACUCINE.
Waiver Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Governing Law These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of (state) and the laws of (Country), as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes 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 15 day’s notice prior to any new terms taking effect. We will also indicate at the bottom of this page the date that the revisions were last made. What constitutes a material change will be determined at our sole discretion. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new terms.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.