NOTE: We are an information-only website and do not sell or allow the sale of any illegal substances. Any attempt to violate this policy will be reported to the proper authorities immediately.
1. The General Stuff
These Terms of Service (hereinafter, these "Terms") govern your access to and use of Cannabis Associates Network (a) website, mobile application, channels and software that link to or otherwise reference these Terms, x-cannabis.com and (b) social media pages and channels (collectively, Cannabis Associates Network”), including any services, features, media, functions, content, tools and links contained or offered therein (collectively, “The Service”). Please ensure that you read these Terms carefully, as it is a legally binding contract between the applicable Cannabis Associates Network entity that owns the website provides The Service that you may be accessing or using, on the one hand, and you and your successors and heirs, and (if applicable) the corporate entity that you represent (in these Terms, you shall be referred to as "you" or "your"), on the other hand. By accessing the website and The Service, you are agreeing to be legally bound by these Terms. If you do not accept and agree to these Terms, you may not access or use the Website or The Service or create an account or user profile. For purposes of these Terms, “Cannabis Associates Network”, “us”, “we” or “our” shall mean, as applicable, Vorts.com, LLC and its affiliated entities which: (x) are, directly or indirectly, majority or partially owned by Vorts.com, LLC and (y) own the applicable Website or provides the applicable Services that you may be accessing or using. These Terms are subject to occasional changes from time to time, and should we make any material changes, we will notify you by sending you an e-mail communication to the last e-mail address you provided to us and/or by prominently posting a notice of the changes on the Website or to The Service. Any changes to these Terms will be effective upon the earlier of our dispatch of an e-mail notice to you (if applicable) or our posting of notice of the changes on the Website or to The Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is no longer valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If your e-mail address is not up to date or is not working, the posting of notice of changes to these Terms on the Website shall constitute effective notice of the changes described therein. Continued use of The Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain areas of the Website and The Service (and your access to or use therein) may have different terms, conditions, policies, rules and guidelines, which govern your access to and use of the Website and The Service (as applicable, the “Additional Terms”). The Additional Terms will be posted (via a link) on the Website or The Service and may be modified from time to time. If 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 the Website or The Service.
3. Eligibility to Use The Service
The Website and The Service are intended solely and only available to individuals who are at least Twenty One (21) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Please check the applicable Additional Terms for The Website and The Service for further information. Without limiting the foregoing, the Website and The Service are not available to minors or suspended members or users. Further, your account and user ID for the Website or The Service may not be transferred or sold to another party. If you are registering as a business entity, you further represent that you have the authority to bind the business to these Terms and any other related or pertinent agreements. If you do not have such authority, you will be held individually liable for all actions taken under your user ID. 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.
4. Electronic Communications
By accessing or using the Website or The Service, 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 Website or through The Service. By accessing or using the Website or The Service, 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.
5. Using The Service
User Registration and Accounts
In order to access or use the Website or The Service, you must first register and create an individual profile for yourself or a business for such Website or The Service (each a "User Profile").
By creating a User Profile, you agree that:
1. You will not sell, transfer, or assign your account or any account rights.
2. Cannabis Associates Network 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, or any applicable law, then we may suspend or terminate your account, User Profile and access to and use of the Website and The Service, 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. 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. Cannabis Associates Network 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. Cannabis Associates Network does not review each User Profile to determine if they were created by an appropriate party. In addition, Cannabis Associates Network is not responsible for any unauthorized User Profiles that may appear on The Service. If you believe that a User Profile listed on the Website is unauthorized, fake, fraudulent or otherwise improper or misleading, please send an email to email@example.com
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)"Your Content" means Content that you submit, or transmit to, through or in connection with the Website or The Service, such as ratings, reviews, photos, videos, media, messages, social media posts or The Service, comments and information that you publicly display or displayed in your User Profile, (c)"User Content" means Content that users submit or transmit to, through, or in connection with the Website or The Service, including any electronic data or information with respect to their customers, (d)"Cannabis Associates Network Content" means Content that we create or otherwise owned by us and make available in connection with the Website or The Service, (e)"Third Party Content" means Content that originates from parties other than Cannabis Associates Network or users of any of the Website or The Service, which is made available in connection with the Website or The Service and not otherwise owned by us, and (f)"Website Content" means all of the Content that is made available in connection with the Website or The Service, including Your Content, User Content, Third Party Content (and Third Party Material (as defined below), and Cannabis Associates Network Content.
By submitting User Content, you agree:
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 Cannabis Associates Network, you retain ownership of the User Content that you post, submit, provide or otherwise make available on or through the Website or The Service. However, by submitting your User Content, you hereby grant Cannabis Associates Network and The Website and The Service, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable rights and licenses:
You irrevocably waive, and cause to be waived, against Cannabis Associates Network and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
Cannabis Associates Network does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. You understand that by using the Website and The Service, 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 Cannabis Associates Network 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 Cannabis Associates Network, the Website, The Service or any related process or venue.
You hereby grant Cannabis Associates Network 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 Cannabis Associates Network or for any purpose relating to the Website or The Service, including in connection with displaying any data, images or information on the Website or The Service. 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 Cannabis Associates Network shall be owned exclusively by us.
Cannabis Associates Network may also provide users with the ability to login to the Website or The Service with your login credentials from certain social networking websites (e.g., Facebook, LinkedIn, Twitter). If you login 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 The Service 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 Cannabis Associates Network is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Cannabis Associates Network 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 The Service 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. Cannabis Associates Network displays these Offers on the Website and The Service 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 The Service. The Offeror, and not Cannabis Associates Network, 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 Cannabis Associates Network (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 Website or The Service, (ii) your User Content, (iii) your violation of these Terms or any Additional Terms; or (iv) your violation of applicable laws or regulations. Cannabis Associates Network 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 Cannabis Associates Network. Cannabis Associates Network will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge Cannabis Associates Network (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 the Website or The Service or Third Party Materials. If you are a California 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.”
6. Ownership; Proprietary Rights
As between you and Cannabis Associates Network, you own Your Content. We own the Cannabis Associates Network 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 Website and The Service but excluding Your Content, 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 Cannabis Associates Network Content, the Website and The Service, 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 Cannabis Associates Network Content, the Website or The Service or any of the IP Rights of Cannabis Associates Network, 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 Website and the Cannabis Associates Network Content are retained by us.
7. Copyright Infringement
It is Cannabis Associates Network’s 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, Cannabis Associates Network will respond appropriately to claims and reports of copyright infringement taking place on or through the Website and The Service.
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 Website and The Service by completing the following DMCA Notice of Alleged Infringement and delivering it to Cannabis Associates Network in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, Cannabis Associates Network 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 Website and The Service.
DMCA Notice of Alleged Infringement (“Notice”)
Include both of the following statements in the body of the Notice:
Cannabis Associates Network
C/O Vorts.com, LLC
412 N. Main St Ste 100
Buffalo, WY 82834
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.
8. Limited License
Subject to your compliance with these Terms and the applicable Additional Terms,
grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Website and The Service. This license does not include (i) any resale or commercial use of the Website or The Service, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any product or Cannabis Associates Network client listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Website or The Service or Website Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Additional Terms are reserved and retained by Cannabis Associates Network. You may not use any meta-tags or any other "hidden text" utilizing Cannabis Associates Network’s name or trademarks or other IP Rights without the express written consent of Cannabis Associates Network. The licenses granted by Cannabis Associates Network shall immediately terminate should you fail to comply with these Terms or any Additional Terms. Subject to these Terms, Cannabis Associates Network grants you a non-transferable, non-exclusive, license to install and use the software Cannabis Associates Network 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 Cannabis Associates Network, and not the App Platform. Cannabis Associates Network, 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.
The Website and The Service contain links to third-party websites or resources. You acknowledge and agree that Cannabis Associates Network 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 Cannabis Associates Network 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.
10. 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 Website or The Service. In connection with your access or use of any of the Website and/or The Service, you may not and will not:
You fully understand, acknowledge and agree that Cannabis Associates Network may, under certain circumstances and without prior notice, immediately terminate your Cannabis Associates Network User Profile and access to the Website, The Service 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 Website and The Service; (4) discontinuance or significant modification to the Website or The Service, or any related or affiliated website owned and/or operated by Cannabis Associates Network (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 Cannabis Associates Network; (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 Website or any related or affiliated Service, business or website.
Termination of a User Profile will deny you access to our Service, 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 Website and The Service in the future.
Cannabis Associates Network has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
11. Review/Feedback Policy
An important part of the Cannabis Associates Network community is the feedback system. Users have the ability to leave reviews and comments, and we want that process to be as open as possible. Part of that openness is acknowledging that certain behaviors are not acceptable. Cannabis Associates Network retains the right to remove any content posted on or submitted through any of its Website or Service. However, the only User Content likely to be removed is that which violates these Terms or the rules or guidelines on the Website or The Service regarding reviews, comments, feedbacks and other User Content (the “Review Policies”). Please note, the Review Policies of each Website or Service may differ. Please consult the relevant Website or Service to learn about its applicable Review Policy.
Please note, Cannabis Associates Network is under no obligation to enforce these Terms or any of the Review Policies on your behalf against another user. While Cannabis Associates Network encourages you to let us know if you believe another user has violated these Terms or any of the Review Policies, we reserve the right to investigate and take appropriate action at our sole discretion.
12. Disclaimer Of Warranties
YOU EXPRESSLY ACKOWLEDGE, UNDERSTAND AND AGREE THAT:
13. Limitation Of Liability
14. Choice Of Law; Venue; No Jury Trial
The laws of the state of California, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of the Website or The Service. All claims arising out of or relating to these Terms or any of the Website or The Service will be litigated exclusively in the federal or state courts of Los Angeles County, California, and you and Cannabis Associates Network consent to personal jurisdiction in those court.
15. Entire Agreement
16. Reservation Of Rights
The failure of Cannabis Associates Network 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 Cannabis Associates Network. 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 Cannabis Associates Network.
18. Support Or Maintenance
You acknowledge and agree that Cannabis Associates Network will have no obligation to provide you with any support or maintenance in connection with the Website and The Service.
19. United States Export & Foreign Assets Control Regulations
We do not represent that the materials in the Website and The Service are appropriate or available for use in any particular location. Those who choose to access the Website and The Service 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.
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.
21. No Right Of Survivorship And Non-Transferability
You agree that your Cannabis Associates Network account is non-transferable and any rights to your Websites user identification or contents within your accounts terminate upon your death.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
22. Contact Us
Cannabis Associates Network, a Vorts.com LLC company. ©2018