Terms of Use
1. General Statements On Terms and Additional
Terms
Welcome to Weedi! These Terms of Use
(hereinafter, these
“Terms”) are a legally binding contract between
Denovo Studios LLC or its
applicable affiliate that owns or controls the applicable
Website or provides the
applicable Services that you may be accessing or using
(“Weedi”,
“us”, “we” or “our”), on the
one hand, and you and
your successors and heirs and (if applicable) the corporate
entity you represent
(“you” or “your”), on the other hand.
Your acceptance of these
Terms is an express condition of, and governs your access to and
use of, Weedi’
(a) websites, portals, mobile applications, channels, and
software, including Weedi.app
and (b) social media pages and channels (collectively, the
“Websites”),
including any services, features, media, functions, content,
tools and links contained
or offered therein (collectively, the “Services”).
If you do not accept and
agree to these Terms, you may not access or use any of the
Websites or Services or
create an account or user profile.
Certain areas of the Websites and Services
(and your access
to or use therein) may have different terms, conditions,
policies, rules, and
guidelines, which govern your access to and use of such Websites
and Services (as
applicable, the “Additional Terms”). The Additional
Terms will be posted
(via a link) on the applicable Website or Services and may be
modified from time to
time. To the extent there is a conflict between these Terms and
any Additional Terms for
a specific Website or Service, the applicable Additional Terms
shall govern and take
precedence over these Terms with respect to your use of or
access to that Website or
Service.
2. Privacy Statement
By accessing or using the Websites or
Services, you agree
that the Weedi Privacy Policy (which may be updated from time to
time) governs
Weedi’ collection and use of your personal information.
Registration data and
certain other information about you is subject to our Privacy
Policy. For more
information, please make sure that you review our Privacy
Policy. You understand that
through your access or use of the Websites and any Services, you
consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including
the transfer of information to the United States and/or other
countries for storage,
processing and use by Weedi.
3. Changes to the Terms, Additional Terms,
and Privacy
Statement
We may make changes to these Terms, the
Additional Terms, or
our Privacy Policy from time to time. When we make material
changes to these Terms, we
will notify you by (i) sending you an e-mail communication to
the e-mail address you
most recently provided to us, (ii) sending a push notification
or in-app notification,
(iii) by prominently posting a notice of the changes on the
Websites, or (iv) by
requiring you to check a box indicating your assent to the
updated terms. Continued use
of any of the Websites or Services following any applicable
notice of such material
changes shall indicate your acknowledgement of such changes and
agreement to be bound by
the terms and conditions of such changes.
4. Eligibility
The Websites and Services are intended solely
and only
available to individuals who are at least eighteen (18) years of
age, who can willingly
and knowingly enter into legally binding contracts under
applicable law. Please note
that certain of the Websites and Services require you to be at
least twenty-one (21)
years of age to access and use such Websites and Services.
Please check the applicable
Additional Terms for such Websites and Services for further
information. You may be
asked to verify that you are over the applicable age limit
during your use of the
Websites or Services and you hereby agree that you shall not
misrepresent your age.
Without limiting the foregoing, the Websites and Services are
not available to minors or
suspended members or users. You further represent that any party
you invite to
participate in any of the Services or related functions with you
is also of legal age as
described above.
If you are using the Websites or Services on
behalf of a
business, you represent that you have the authority to bind the
business to these Terms,
the Additional Terms, the Privacy Policy, and any other related
or pertinent agreements.
The applicable business agrees to hold harmless and indemnify
Weedi and its affiliates,
officers, agents, and employees from any claim, suit or action
arising from or related
to the use of the Websites or Services or violation of these
terms, including any
liability or expense arising from claims, losses, damages,
suits, judgments, litigation
costs, and attorneys’ fees. If you do not have such
authority, you will be held
individually liable for all actions taken under your user
ID.
5. Electronic Communications
By accessing or using the Websites or
Services, you consent
to receiving certain communications from us electronically. We
will communicate with you
in a variety of ways, including, without limitation, by e-mail,
text, in-app push
notices, or by posting notices and messages on the Websites or
through any of the
Services. By accessing or using the Websites or Services, you
willingly and knowingly
agree that all contracts, notices, disclosures, agreements, and
other communications
that we provide to you electronically satisfy any legal
requirement that such
communications be in writing.
6. Using The Services
User Registration and Accounts
In order to access or use some of the
Websites or Services,
you must first register and create an individual profile for
yourself or a business for
such Website or Service (each a "User Profile").
By creating a User Profile, you agree
that:
You will not register a username (or email
address) that (a)
is already being used by someone else; (b) may impersonate
another person: (c) belongs
to another person; (d) violates the intellectual property or
other right of any person
or entity; or (d) is offensive. We may reject the use of any
password, username, or
email address for any reason in our sole discretion;
You will provide true, accurate, current, and
complete
registration information about yourself in connection with the
registration process and,
as permitted, to maintain and update it continuously and
promptly to keep it accurate,
current, and complete. If you provide any information that is
untrue, inaccurate,
outdated, or incomplete, Weedi may suspend or terminate your
account and refuse you any
and all current or future access to or use of the Websites and
Services (or any portion
thereof). If you fail to update your information in a timely
manner, then Weedi has
reasonable grounds to suspect that such information is untrue,
inaccurate, outdated or
incomplete, which will allow Weedi to suspend or terminate your
account and refuse you
any and all current or future access or use of the Websites and
Services (or any portion
thereof).
You will not post libelous content or create
false or
misleading reviews or posts;
You are solely responsible for all activities
that occur
under your account, password, and username—whether or not
you authorized the
activity;
You are solely responsible for maintaining
the
confidentiality of your password and the other Protected
Information (as defined below)
and for restricting access to your account so that others may
not access any
password-protected portion of the Websites or Services using
your Protected
Information;
You will immediately notify us of any
unauthorized use of
your Protected Information, or any other breach of
security;
You will not sell, transfer, assign, or
provide a copy of,
your account, account rights, user ID, password, API keys, menu
embed code, or other
credentials or access rights (the “Protected
Information”) for any of the
Websites or Services to any other person or entity. You must
keep all of the Protected
Information in strict confidence;
You will not share or allow any third party
to utilize your
account on your behalf or on a time share basis;
You will not create more than one account
unless specifically
authorized to do so; and
You will not use Protected Information of
others.
Weedi is not liable for any loss or damage
(of any kind and
under any legal theory) to you or any third party arising from
your inability or failure
for any reason to comply with any of the foregoing
obligations.
If any information that you provide, or if we
have reasonable
grounds to suspect that any information that you provide, is
false, inaccurate,
outdated, offensive, incomplete, or violates these Terms, any
Additional Terms, the
Privacy Policy, or any applicable law, then we may suspend or
terminate your account,
User Profile, and access to and use of the Websites and Services
at our sole discretion
and without advance notice or liability.
Your User Profile cannot be used to conduct
commercial
activities, including, but not limited to, transactions,
advertising, fundraising,
contests, or other promotions absent our prior written consent.
The menu embed feature
we provide to clients may only be used on a client’s own
website or application,
and the applicable code may not be altered in any manner
(including by removing any
Weedi branding). We may offer you the ability to set preferences
relating to your User
Profile, but changes to your settings may not become effective
immediately or be error
free, and options may change from time-to-time. Weedi assumes no
responsibility or
liability for any issues, problems, or Content on your User
Profile.
User Profiles may only be set up by an
authorized
representative of the individual or business that is the subject
of the User Profile.
Weedi does not review each User Profile to determine if it was
created by an appropriate
party. In addition, Weedi is not responsible for any
unauthorized User Profiles that may
appear on the Services. If you believe that a User Profile
listed on one of the Websites
is unauthorized, fake, fraudulent, or otherwise improper or
misleading, please send an
email to info@denovostudios.com.
User Content
For purposes of these Terms, (a)
“Content” means
all text, images, photos, audio, video, graphics, reviews,
location data, and all other
forms of data, communication, or media, (b) “User
Content” means Content
that users submit or transmit to, through, or in connection with
the Websites or
Services, such as ratings, favorites, photos, media, messages,
social media posts or
Services, comments, and information that such user publicly
displays or displayed in its
User Profile, and including any electronic data or information
with respect to a
User’s customers, (c) “Weedi Content” means
Content that we create or
is otherwise owned by us that we make available in connection
with the Websites or
Services, (d) “Third Party Content” means Content
that originates from
parties other than Weedi or users of any of the Websites or
Services, which is made
available in connection with the Websites or Services and not
otherwise owned by us, and
(e) “Website Content” means all of the Content that
is made available in
connection with the Websites or Services, including User
Content, Third Party Content
(and Third Party Material (as defined below)), and Weedi
Content.
By submitting User Content, you represent,
warrant, and
covenant:
That you own, or have the necessary licenses,
rights,
consents, and/or permissions, and authorize Weedi, its
applicable affiliates, the
Websites, the Services, and all users thereof, to use such User
Content as necessary to
exercise the licenses granted by you hereunder (including with
respect to all patent,
trademark, trade secret, copyright, or other intellectual
property or proprietary rights
to your User Content, and to any other works that you
incorporate into your User
Content);
That you are entirely responsible for
anything you submit to
the Websites or Services and agree that Weedi does not have to
post or keep posted
anything you provide. Once posted on the Websites or on the
Internet, it is not always
possible to remove, especially if multiple copies exist. When
User Content is uploaded
to the Websites or Services, or posted on any social media
platforms with a tag or
reference to Weedi, you give Weedi complete permission to make
it available in multiple
forms, including, without limitation, on any of our social media
accounts, email
newsletters, or any digital or print promotional materials. If
any of your User Content
is acquired and used by a third party in a way that violates
these Terms, any Additional
Terms, or the Privacy Policy, you agree that Weedi can take
legal action against the
third party and that Weedi shall not be obligated to distribute
any recovered sums to
you that may be obtained in connection with such legal
proceedings;
That the creation, distribution,
transmission, public display
and performance, accessing, downloading, and copying of your
User Content does not and
will not infringe the proprietary rights or otherwise cause
injury to any other person
or entity, including any such person or entity using the
Websites, Services, or
otherwise, and that Weedi is under no obligation to post any
User Content that you
provide and reserves the right to post our own versions of your
User Content as Weedi
Content in our sole discretion;
To fully assign Weedi the right to pursue
enforcement of
copyright, trademark, trade secret, and other intellectual
property related claims
against third parties that have, without receiving proper
authorization, and in
violation of these Terms, any Additional Terms or the Privacy
Policy, scraped,
manipulated, copied, derived, distributed, or otherwise
improperly or illegally used and
benefited from User Content that has been provided to Weedi by
you;
That you have the written consent, release,
and/or express
permission of each and every identifiable person in your User
Content to use such
person’s name, likeness, and/or other identifiable
information in your User
Content for any use permitted by these Terms, any Additional
Terms, and the Privacy
Policy;
That you will not post, transmit, broadcast,
or otherwise
make available any User Content that is unlawful, misleading,
harmful, bigoted,
offensive, profane, insensitive, obscene, lewd, lascivious,
filthy, violent, tortious,
libelous, slanderous, pornographic, threatening, abusive,
harassing, tortious,
defamatory, vulgar, invasive of another’s privacy or
publicity rights, hateful, or
racially, ethnically, or otherwise objectionable (hereinafter,
“Offensive
Content”);
That you are at least of legal age, being no
less than
eighteen (18) years old (or twenty-one (21) years old, as
applicable), and you
acknowledge that persons under legal age may not submit User
Content to Weedi, the
Websites, or the Services; and
That Weedi may, in its sole discretion,
monitor the User
Content you submit and any other communications that you may
have, but is under no
obligation to do so.
By submitting User Content, you acknowledge
that you may
expose yourself to liability if, for example, you User 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.
License to User and Third Party
Content/Data
As between you and Weedi, you retain
ownership of the User
Content that you post, submit, provide, or otherwise make
available on or through the
Websites or Services. However, by submitting your User Content,
you hereby grant Weedi
and all Websites and Services, the following worldwide,
perpetual, royalty-free,
irrevocable, non-exclusive, sublicensable and transferable
rights and licenses:
To host, cache, store, archive, index, crawl,
create
algorithms based on, modify, or transcode your User Content to
media formats, standards,
or mediums in any and all forms and by whatever means whether
now known or hereinafter
devised or created, and to exploit any and all allied,
ancillary, and subsidiary rights
relating thereto and derived therefrom;
To use, license, sell, digitize, stream,
store, distribute,
exhibit, reproduce, commercialize, publicize, display, modify,
adapt, edit, excerpt,
communicate, translate, analyze, remove, prepare derivative
works and compilations of,
compress, transmit, integrate, insert, market, and promote your
User Content in any and
all forms and media and by whatever means whether now known or
hereinafter devised or
created, and to exploit any and all allied, ancillary, and
subsidiary rights relating
thereto and derived therefrom;
To use your User Content, in whole or in
part, for
advertising, promotional, or commercial purposes, including
without limitation, the
right to publicly display, reproduce, and distribute your User
Content in any and all
forms and media and by whatever means whether now known or
hereinafter devised or
created, and to exploit any and all allied, ancillary, and
subsidiary rights relating
thereto and derived therefrom; and
To grant any rights or licenses to any third
parties to do
any of the foregoing in the above clauses (a) – (c) in
connection with their own
websites and media platforms.
You irrevocably waive, and cause to be
waived, against Weedi
and its users, any claims and assertions of moral rights or
attribution with respect to
your User Content.
Weedi does not guarantee the accuracy,
integrity, quality, or
authenticity of any User Content. You understand that by using
the Websites and
Services, you may be exposed to a small portion of Offensive
Content that may be
unpleasant, indecent, or objectionable to some viewers. Under no
circumstances will
Weedi be liable in any way for any such Offensive Content,
including, but not limited
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 available via Weedi, the
Websites, Services, or any
related process or venue.
You hereby grant Weedi the right and license
to use any data,
images, or information that is 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 relating to any of the businesses of Weedi or for any
purpose relating to the
Websites or Services, including in connection with displaying
any data, images, or
information on the Websites. You acknowledge and agree that we
shall have the right to
reformat, improve, modify, adapt, derive, redisplay, and/or
reprocess any of the
Licensed Data and that we shall exclusively own all derivative
works, graphical layouts,
compilations, improvements, modifications, adaptations,
analyses, and interpretations of
the Licensed Data. Interpretations or translations of any of the
Licensed Data prepared
by Weedi shall be owned exclusively by us.
Social Media
Weedi may also provide users with the ability
to login to the
Websites or Services with your login credentials from certain
social networking websites
(e.g., Facebook, LinkedIn). If you log in or otherwise associate
your User Account with
your login credentials from a social networking or similar
website, we may use any
information about you that is from or otherwise posted on your
social networking
account, in accordance with the terms and conditions and related
legal and user policies
of the relevant social networking website. If you elect to share
your information with
any number of social networking websites, we will then share
your information with the
websites you name, in accordance with your election, and per
their terms and
conditions.
Third Party Materials
The Website or Services might display,
include, or make
available Third-Party Content (including data, information,
articles, applications or
other products, services, and/or materials) or contain links to
third-party websites,
services, and advertisements for third-party Offers (as defined
below) (collectively,
the “Third-Party Materials”). You acknowledge and
agree that Weedi is not
responsible for Third-Party Materials, including their accuracy,
completeness,
timeliness, validity, copyright compliance, legality, decency,
quality, or any other
aspect thereof. Weedi does not 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 thereto are provided solely as a convenience to you
and you access and use
them entirely at your own risk. When you link to a Third-Party
Material, the applicable
third-party’s terms and policies apply, including the
third-party’s privacy
and data gathering practices. You should make whatever
investigation you feel necessary
or appropriate before proceeding with any transaction in
connection with such
Third-Party Material.
The Website or Services might display,
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. Weedi displays these
Offers on the Website and Services as a form of advertisement
for the listing dispensary
or other third party (the “Offeror”) only. All
Offers are made directly by
the applicable Offeror, and may be subject to additional terms,
conditions, or
restrictions of the Offeror or under applicable law, whether or
not such terms,
conditions, or restrictions are expressly included on the
Website or Services. The
Offeror, and not Weedi, is solely responsible for: (a)
redemption of the Offer; (b)
compliance of all aspects of the Offer with applicable law
(including, without
limitation, the advertisement, redemption, and terms,
conditions, and restrictions
related thereto); (c) all goods and services it provides to you
in connection with the
Offer; and (d) all injuries, illnesses, damages, claims,
liabilities, and costs it may
cause you to suffer, directly or indirectly, in full or in part,
whether related to the
use or redemption of an Offer or not.
Indemnity and Release
You agree to indemnify and hold Weedi (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
relating to any claim or demand made by any third party due to
or arising out of or
otherwise relating to (i) your use or misuse of the Websites or
Services, (ii) your User
Content, (iii) your violation of these Terms, any Additional
Terms, or the Privacy
Policy, or (iv) your violation of applicable laws or
regulations. Weedi reserves the
right, at your expense, to assume the exclusive defense and
control of any matter for
which you are required to indemnify us or any other indemnitee
hereunder and you agree
to cooperate with our defense of these claims. You agree not to
settle any matter
without the prior written consent of Weedi. Weedi will use
reasonable efforts to notify
you of any such claim, action, or proceeding upon becoming aware
of it.
If there is a dispute between users of the
Websites or
Services, including between Customers and Retailers (each, a
“Dispute”), you
understand and agree that Weedi and its affiliates (including
the Websites and the
Services, including WM Orders) are under no obligation to become
involved in such
Dispute.
You hereby release and forever discharge
Weedi (and its
owners, directors, managers, officers, partners, employees,
independent contractors, and
agents, and successors and assigns of itself or its affiliates)
from, and hereby waive
and relinquish your rights with respect 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. For the avoidance of doubt, this
release includes a release of
any dispute, claim, controversy, demand, right, obligation,
liability, action, and cause
of action arising out of or in any way related to a Dispute,
regardless of whether such
dispute, claim, controversy, demand, right, obligation,
liability, action, and cause of
action are known or unknown, suspected or unsuspected, disclosed
or undisclosed. If you
are a Michigan resident or resident of a state with a similar
applicable law, you hereby
waive California Civil Code section 1542 in connection with the
foregoing (or such other
similar applicable law in your state), which states: “a
general release does not
extend to claims which the creditor does not 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.”
7. Ownership; Proprietary Rights
As between you and Weedi, you own your User
Content. We own
the Weedi Content, including but not limited to visual
interfaces, interactive features,
graphics, design, compilation, including, but not limited to,
our compilation of User
Content and other Website Content, computer code, products,
software, data, aggregate
user review ratings and all other elements and components of the
Websites but excluding
User Content and Third-Party Material. We also own the patents,
patent applications,
copyrights, trademarks, service marks, trade names, trade
secrets and other intellectual
and proprietary rights throughout the world (“IP
Rights”) associated with
the Weedi Content, the Websites, and the Services, which are
protected by copyright,
trade secret, patent, trademark laws, and all other applicable
intellectual property and
proprietary rights and laws. 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 display, or in any way exploit any of the Weedi
Content, Websites, or the
Services or any of the IP Rights of Weedi, in whole or in part,
unless expressly
authorized by us in writing. Except as expressly and
unambiguously provided herein, we
do not grant you any express or implied rights, and all rights
in and to the Websites
and the Weedi Content are retained by us.
8. Copyright Infringement
It is Weedi' policy, in appropriate
circumstances and at its
discretion, to disable, eliminate access to and/or terminate the
accounts of users who
repeatedly infringe or are repeatedly charged with infringing
the copyrights of
others.
In accordance with the Digital Millennium
Copyright Act of
1998 (“DMCA”), the text of which can be found on the
U.S. Copyright Office
website, Weedi will respond appropriately to claims and reports
of copyright
infringement taking place on or through the Websites.
If you are a copyright owner, an authorized
representative of
a copyright owner, or an authorized representative permitted to
act under an exclusive
right 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 Weedi in accordance with the
DMCA and these Terms.
Upon receipt of a properly completed and delivered DMCA Notice
of Alleged Infringement,
Weedi will take whatever action it deems appropriate in its sole
discretion, but subject
to its obligations under the DMCA, including removal of the
challenged material from the
Websites.
DMCA Notice of Alleged Infringement
("Notice")
Identify the copyrighted work that you claim
has been
infringed, or – if multiple copyrighted works are covered
by this Notice –
provide a comprehensive list of the copyrighted works that you
claim have been
infringed.
Identify the material that you claim is
infringing (i.e. the
material you want removed, or material that you want all access
disabled to) and provide
information reasonably sufficient to permit us to locate the
material, including at a
minimum, if applicable, the URL of the link shown on the
Websites where such material
may be found.
Provide your mailing address, telephone
number, and, if
available, email address.
Include both of the following statements in
the body of the
Notice:
"I hereby state that I have a good faith
belief that the
disputed use of the copyrighted material is not authorized by
the copyright owner, its
agent or the law."
"I hereby state that the information in this
Notice is
accurate and, under penalty of perjury, that I am the owner, or
authorized to act on
behalf of the owner, of the copyright or of an exclusive right
under the copyright that
is allegedly infringed."
Provide your full legal name and your
electronic or physical
signature.
Deliver this Notice, with all above items
completed, to
Weedi:
info@denovostudios.com.
Please note that, pursuant to 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.
9. Limited License
Subject to your compliance with these Terms,
any Additional
Terms, and the Privacy Policy, Weedi 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 Weedi 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, any
Additional Terms, or the Privacy
Policy are reserved and retained by Weedi. You may not use any
meta-tags or any other
“hidden text” utilizing Weedi’ name or
trademarks or other IP Rights
without the express written consent of Weedi. The licenses
granted by Weedi shall
immediately terminate should you fail to comply with these
Terms, any Additional Terms,
or the Privacy Policy.
Subject to these Terms, any Additional Terms,
and the Privacy
Policy, Weedi grants you a non-transferable, non-exclusive
license to install and use
the software Weedi makes available for mobile devices
(“Mobile App”), in
executable object code format only, solely on your own handheld
mobile device and for
your personal, noncommercial 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 Weedi, and not the App Platform. Weedi, 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 thereto (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.
10. Links
The Websites and Services contain links to
third-party
websites or resources. You acknowledge and agree that Weedi 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
websites or resources. Links to
such websites or resources do not imply any endorsement by Weedi
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 websites 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.
Some portions of the Websites and Services
implement Google
Maps API. By using Google Maps API, you agree to be bound by
Google’s Terms of
Service.
11. User Conduct
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:
upload, post, transmit, broadcast or
otherwise make available
any Offensive Content, including any User Content that is
unlawful, libelous, defamatory
or otherwise objectionable;
breach or circumvent any laws, third-party
rights or our
systems, policies, or determinations of your account
status;
review the information and data on our
Websites, and/or
utilize our Services if you are not able to form legally binding
contracts (for example,
if you are under the age of 18), or are temporarily or
indefinitely suspended from using
our Websites or Services;
upload, post, transmit, broadcast, sell,
transfer or
otherwise make available any User or Website Content that is
inauthentic, counterfeit,
or that you do not have a right to make available under any law
or under contractual or
fiduciary relationships (such as inside information, proprietary
and confidential
information learned or disclosed as part of employment
relationships or under
nondisclosure agreements);
register for more than one User Profile on
any of the
Websites, or register for a User Profile on behalf of an
individual other than yourself,
or a company that you are not authorized to represent or legally
bind to a
contract;
manipulate the price of any item or interfere
with any other
user's listings, reviews, and products;
take any action that may undermine the
feedback or ratings
systems of the Websites or Services;
transfer your User Profile to another
individual or entity
without our prior written consent;
distribute, promote, advertise, or post spam,
unsolicited or
bulk electronic communications, chain letters, pyramid schemes
or any related
content;
interfere with or disrupt any Website
processes, servers or
networks supporting the Websites and/or Weedi;
impair or harm any of our computer or related
systems or
transmit software viruses, worms, or other damaging
files;
use any robot, spider, scraper, survey,
monitor or other
automated or similar means to access any web page or other asset
contained in the
Websites, Services or Website Content for any purpose;
bypass our robot exclusion headers, interfere
with the
working of our Services, features or tools, or impose an
unreasonable or
disproportionately large load on our infrastructure;
export or re-export any Weedi' application or
tool except in
compliance with the export control laws of any relevant
jurisdictions and in accordance
with all relevant posted rules and restrictions;
insult, threaten, stalk, harass, mislead or
deceive other
users of the Websites or Services, or in any way promote the
discrimination or
defamation of other users, or create any other objectionable
material;
intentionally or unintentionally violate any
applicable
local, state, national or international law, rule or ordinance,
including, but not
limited to, regulations promulgated by the U.S. Copyright
Office, U.S. Patent and
Trademark Office, U.S. Securities and Exchange Commission, the
Internal Revenue Service,
the European Enforcement Directive of 2004, or any rules of any
national or other
securities exchange, including, without limitation, the New York
Stock Exchange, the
American Stock Exchange or the NASDAQ, and any other regulations
and/or guidelines
having the force of law;
provide material support or resources (or to
conceal or
disguise the nature, location, source, or ownership of material
support or resources) to
any organization(s) designated by the United States government
as a foreign terrorist
organization pursuant to section 219 of the United States
Immigration and Nationality
Act.
refuse to acknowledge that Weedi may
establish general
practices and limitations concerning use of the Websites and
Services, including without
limitation restrictions concerning User Content provided by You
for use on the Websites
and Services, the type and quantity of transactional data stored
and presented in
connection with your account, the maximum disk space that will
be allotted on Weedi'
servers on Your behalf, and the maximum number of times (and the
maximum duration for
which) You may access the Websites and Services in any given
period of time;
export any Website Content out of the
jurisdiction in which
it is intended or displayed;
access the Websites or Services in order to
build a similar
or competitive Website or Service;
send electronic transmissions (including but
not limited to
interactive monetary offers, audio-video communications, email,
search queries, chat and
other Internet activities) as interstate communications;
circumvent any technical measures we use to
provide Services;
or
assist any third party with any of the
foregoing: You fully
understand, acknowledge and agree that Weedi may, under certain
circumstances and
without prior notice, immediately terminate your Weedi 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 Weedi (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 Weedi; (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. Weedi has the right to investigate and
prosecute violations of
any of the above to the fullest extent of the law.
12. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT:
YOUR ACCESS TO AND USE OF THE WEBSITES AND
SERVICES IS AT
YOUR OWN RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE"
BASIS. Weedi AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS,
SHAREHOLDERS, OWNERS,
EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, OR ANY OTHER
POTENTIAL OR ACTUAL WARRANTY OF ANY KIND.
Weedi AND ITS AFFILIATES, OFFICERS,
DIRECTORS, MANAGERS,
SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND
AGENTS MAKE NO GUARANTEE
OR WARRANTY THAT: (1) THE WEBSITES AND SERVICES WILL SATISFY
YOUR NEEDS AND REQUIREMENTS
OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE WEBSITES AND
SERVICES, AND ALL
AFFILIATED WEBSITES, FEATURES, SERVICES, COMMUNICATIONS, AND
APPLICATIONS, WILL BE
COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR
BE FREE FROM LOSS,
DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER
INVASIVE, HARMFUL, OR
CORRUPTED OR OTHER RELATED INTRUSIONS; (3) THE INFORMATION,
DATA, OR RESULTS REALIZED OR
OBTAINED FROM YOUR USE OF THE WEBSITES WILL BE ACCURATE, UP TO
DATE, SATISFACTORY OR
RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE
QUALITY OR VALUE OF ANY
PROPERTIES, SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIALS
PURCHASED OR OBTAINED BY
YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR
EXPECTATIONS; (5) THAT ANY OFFER
MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED,
AND PROCESSED; AND (6)
ANY ERRORS IN THE GUIDELINES, SOFTWARE, OR PROTOCOLS WILL BE
CORRECTED OR
RESOLVED.
ANY PRODUCT OR PROGRAM DOWNLOADED OR
OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITES AND SERVICES IS ACCESSED AT YOUR
OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR
ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER
LOSS OR DAMAGE THAT RESULTS
FROM THE DOWNLOAD OR USE OF ANY SUCH PRODUCT, MATERIAL,
APPLICATION, FEATURE, OR OTHER
PROGRAM.
NO ADVICE OR INFORMATION, INCLUDING MEDICAL
ADVICE, STRATEGY,
GUIDELINES, OR RELATED CONTENT, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Weedi OR
FROM THE WEBSITES, SERVICES, OR RELEVANT SOCIAL MEDIA PAGES
SHALL CREATE ANY WARRANTY,
GUARANTEE, OR STRATEGY NOT EXPRESSLY STATED IN THESE
TERMS.
VETTING BY WEEDI OF EACH AND EVERY DOCUMENT,
PHOTOGRAPH,
VIDEO, REVIEW, RELATED MEDIA, POSTING, OR OTHER COMMUNICATION,
IN ADDITION TO ANY OTHER
CONTENT POSTED VIA THE WEBSITES OR SERVICES, MAY NOT BE POSSIBLE
OR REALISTICALLY
PRACTICABLE. AS A RESULT, Weedi CANNOT AND DOES NOT CONTROL ANY
LISTING REVIEWS,
COMMENTS, PHOTOGRAPHS, OPINIONS, POSTINGS, OR OTHER CONTENT OR
MATERIAL POSTED VIA THE
WEBSITES OR SERVICES AND, AS SUCH, DOES NOT GUARANTEE THE
ACCURACY, INTEGRITY, QUALITY,
SAFETY, LEGALITY, MORALITY, AND/OR AUTHENTICITY OF SUCH CONTENT,
THE TRUTH OR ACCURACY
OF USERS’ CONTENT, THE ABILITY OF LISTINGS TO CONFIRM
PRODUCT AVAILABILITY OR
PRICING, OR THE ABILITY OF USERS TO CONFIRM EXPERIENCES FROM
USING OR PURCHASING
SPECIFIC PRODUCTS DISCUSSED OR SOLD ON THE WEBSITES OR
SERVICES.
13. Limitation Of Liability
Weedi IS UNABLE TO GUARANTEE CONSISTENT,
CONTINUOUS, OR
SECURE ACCESS TO ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS,
CONTENT, AND NETWORK,
AND OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED
WITH OR DELAYED BY NUMEROUS
POTENTIAL FACTORS OUTSIDE OF Weedi’ CONTROL. YOU
ACKNOWLEDGE, EXPRESSLY
UNDERSTAND, AND AGREE THAT Weedi AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL,
EXEMPLARY, OR OTHER DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY,
REPUTATION, PROFITS,
GOODWILL, USE, VALUATION, TAX BENEFIT, DATA, OR OTHER INTANGIBLE
LOSSES (EVEN IF Weedi
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (1) THE USE OR THE
INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) THE COST TO
PROCURE SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR
SERVICES PURCHASED OR
OBTAINED, OR MESSAGES, E-MAILS, REVIEWS, POSTINGS, COMMENTS, OR
OTHER COMMUNICATIONS
RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE WEBSITES OR OTHER
AFFILIATED OR RELATED
WEBSITES OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR
DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
WEBSITES; (5) THE FAILURE OF
THE NETWORK OR WEBSITES TO TIMELY PROCESS AN OFFER; OR (6) ANY
OTHER MATTER RELATING TO
THE WEBSITES, ANY Weedi AFFILIATED OR RELATED SERVICES, FEATURES
OR APPLICATIONS, OR ANY
OTHER Weedi OWNED OR OPERATED ENTITY. FURTHER, Weedi IS NOT A
PARTY TO ANY SUCH
TRANSACTIONS MADE BETWEEN LISTING CLIENTS AND USERS, AND Weedi
SHALL NOT BE LIABLE UNDER
ANY CIRCUMSTANCES FOR ANY DEFAULTS, COSTS, INFORMATION, THE
CONTENTS OF ANY DOCUMENTS,
OR FOR ANY OTHER INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING
USERS, LISTINGS,
PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH
THE WEBSITES OR
SERVICES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL
LIABILITY TO YOU OR
TO ANY THIRD PARTY FOR ANY CLAIMS UNDER THESE TERMS, ANY
ADDITIONAL TERMS, OR THE
Privacy Policy IS LIMITED TO THE GREATER OF (1) THE AMOUNT OF
FEES IN DISPUTE NOT TO
EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING
RISE TO THE LIABILITY; OR (2) $100.
SOME STATES, COUNTIES, OR JURISDICTIONS DO
NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR
INCIDENTAL, CONSEQUENTIAL, OR OTHER RELATED DAMAGES OR LOSSES.
ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Choice Of Law; Venue; No Jury
Trial
The laws of the state of Michigan, excluding
Michigan’s
conflict of laws 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 Detroit, Michigan, and you and Weedi consent to
personal jurisdiction in
those courts.
15. Entire Agreement
These Terms, in addition to any applicable
Additional Terms
and the Privacy Policy and any other agreements between you and
Weedi with respect to
the Websites or Services, constitute the entire and exclusive
understanding and
agreement between Weedi and you regarding the Websites and
Services, and these Terms
supersede and replace any and all prior Terms of Service or
Terms of Use for any of the
Websites or Services.
16. Reservation of Rights
The failure of Weedi 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 Weedi.
Except as expressly set
forth 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.
17. Third-Party Beneficiary
These Terms do not and are not intended to
confer any rights
or remedies upon any person other than you and Weedi.
18. Support or Maintenance
You acknowledge and agree that Weedi will
have no obligation
to provide you with any support or maintenance in connection
with the Websites or
Services.
20. United States Export & Foreign Assets
Control
Regulations
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 own
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 person
or entity on such list.
21. Severability
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.
22. No Right Of Survivorship And
Non-Transferability
You agree that your Weedi account is
non-transferable and any
rights to your Website user identification or contents within
your accounts terminate
upon your death.
23. Captions
The section titles in these Terms are for
convenience only
and have no legal or contractual effect.
24. Contact Us
For questions about the Weedi Websites or any
of the Services
we provide, please feel free to contact our Customer Service
department at
info@denovostudios.com.
25. Acknowledgement of Federal Law
User expressly acknowledges that Weedi is for
residents of states and localities with laws regulating medical
or the recreational use of cannabis only and that medical
cannabis collectives and patients are established pursuant to
their respective local laws. Marijuana is included on Schedule 1
under the United States Controlled Substances Act. Under the
federal laws of the United States of America, manufacturing,
distributing, dispensing or possession of marijuana is illegal,
and individuals are subject to arrest and/or prosecution for
doing so. User further acknowledges that medical use is not
recognized as a valid defense under federal laws regarding
marijuana. User also acknowledges that the interstate
transportation of marijuana is a federal offense.