Terms of Use
Last Updated: June 20, 2019
Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by Fandom Marketing® or its affiliates (individually and collectively, the “Site”). This website is owned and operated by Fandom Marketing, Inc. and is protected by copyright, trademark, and US / international intellectual property laws.
These “Terms” are effective as of January 1, 2019 and govern your access and use of the Cannabiz Digital website or any mobile applications made available by Cannabiz Digital (“Cannabiz Digital“, “cannabiz digital“, “Cannabiz Digital Network“, “cannabiz digital network“, “We“, “Us“, or “Our“, or collectively, the “Cannabiz Digital Services“).
By using or accessing the Cannabiz Digital Services you: (1) acknowledge that you have read, understand, and agree to be bound by these Terms, including Cannabiz Digital’s privacy policy located at cannabizdigital.com/privacy-policy (the “Privacy Policy”); (2) represent that you have the authority to enter into these Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy); and (3) agree that you are entering into and agree to adhere to these Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy) with Cannabiz Digital. In addition, when using particular services or materials in connection with the Cannabiz Digital Services, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms (“Additional Terms“).
The cannabizdigital.com website (the “Site“) is comprised of various web pages operated by Cannabiz Digital. Cannabiz Digital is a News and Information Site owned and operated by The Cannabiz Agency, a subsidiary of Fandom Marketing, Inc. Cannabiz Digital does not sell cannabis products. Cannabiz Digital does sell advertising directly and through third-party networks to businesses.
The Cannabiz Digital is a source for content such as, but not limited to, blogs, news, advertising, and information. Cannabiz Digital does not manufacture, sell or distribute cannabis or marijuana.
Privacy
Your use of cannabizdigital.com is subject to Cannabiz Digital’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting cannabizdigital.com or sending emails to Cannabiz Digital constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cannabiz Digital is not responsible for third party access to your account that results from theft or misappropriation of your account. Cannabiz Digital and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Cannabiz Digital does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under eighteen (18) years of age, you may not use cannabizdigital.com.
Links to Third Party Sites/Third Party Services
Cannabiz Digital Services may contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of Cannabiz Digital and Cannabiz Digital is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cannabiz Digital is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cannabiz Digital of the site or any association with its operators.
Certain services made available via cannabizdigital.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the cannabizdigital.com domain, you hereby acknowledge and consent that Cannabiz Digital may share such information and data with any third party with whom Cannabiz Digital has a contractual relationship to provide the requested product, service or functionality on behalf of our Users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Cannabiz Digital Services strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Cannabiz Digital that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cannabiz Digital or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Cannabiz Digital will remove any and all Cannabiz Digital Content or User Content if properly notified that such Cannabiz Digital Content or User Content infringes another’s intellectual property rights.
You may not use a Cannabiz Digital trademark, logo, Image or other proprietary graphic of Cannabiz Digital to link to the Cannabiz Digital website without the prior written consent of Cannabiz Digital.
Syndication by others of Cannabiz Digital blogs or articles is prohibited unless permission is provided explicitly and in writing by Cannabiz Digital to a specific individual, business, partner or affiliate.
You may not frame the website, metasearch or any image without the prior written consent of Cannabiz Digital. You may not take the results from a CannabizDigital.com search and reformat and display them, mirror or “frame” any part of the website on your website. You may not send automated queries of any sort to Cannabiz Digital’s system without express permission in advance from Fandom Marketing, Inc.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Cannabiz Digital content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Cannabiz Digital and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cannabiz Digital or our licensors except as expressly authorized by these Terms.
Trademarks
For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Cannabiz Digital, Fandom Marketing, Inc. and its Affiliates.
Nothing contained herein grants or shall be construed to grant you any rights to use any Cannabiz Digital Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use Cannabiz Digital’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Cannabiz Digital.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Cannabiz Digital Trademarks or the Trademark rights claimed by Cannabiz Digital, Fandom Marketing, Inc. and its Affiliates.
You agree that you will not use any Cannabiz Digital Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without Cannabiz Digital’s prior written consent any word or mark which is similar to or likely to be confused with Cannabiz Digital’s Trademarks.
The look and feel of the Cannabiz Digital website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Cannabiz Digital and may not be copied, imitated or used, in whole or in part, without the prior written consent of Cannabiz Digital.
All other trademarks, product names, and company names or logos used or appearing on the Cannabiz Digital website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Cannabiz Digital, unless expressly so stated.
Use of Communication Services
The Site may contain comments sections, forums, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Cannabiz Digital has no obligation to monitor the Communication Services. However, Cannabiz Digital reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cannabiz Digital reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Cannabiz Digital reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cannabiz Digital’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cannabiz Digital does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cannabiz Digital specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Cannabiz Digital spokespersons, and their views do not necessarily reflect those of Cannabiz Digital.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Cannabiz Digital
Cannabiz Digital does not claim ownership of the materials you provide to Cannabiz Digital Services (including feedback and suggestions) or post, upload, input or submit to any Cannabiz Digital Site or our associated services (collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Cannabiz Digital, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Cannabiz Digital is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Cannabiz Digital’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You may be able to connect your Cannabiz Digital account to third party accounts. By connecting your Cannabiz Digital account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Cannabiz Digital from our offices within the United States of America (USA). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Cannabiz Digital Content accessed through Cannabiz Digital Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Cannabiz Digital, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cannabiz Digital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cannabiz Digital in asserting any available defenses.
Arbitration
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of California and county of San Diego. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Fandom Marketing, Inc. shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Cannabiz Digital, such action is necessary or desirable.
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, without respect to its conflict of laws principles.
In the event of any conflict between these Terms of Use and any license agreement you enter with Fandom, the terms of such license agreement shall control.
These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CANNABIZ DIGITAL SERVICES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CANNABIZ DIGITAL SERVICES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CANNABIZ DIGITAL SERVICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANNABIZ DIGITAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CANNABIZ DIGITAL SERVICES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Cannabiz Digital reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cannabiz Digital as a result of this agreement or use of the Site. Cannabiz Digital’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cannabiz Digital’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cannabiz Digital with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cannabiz Digital with respect to the Cannabiz Digital Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cannabiz Digital. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes To Terms
Cannabiz Digital reserves the right, in its sole discretion, to change the Terms under which Cannabiz Digital Services is offered. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. If we make any material changes to the Terms, then we will post the latest Terms to this site and change the “Last Updated” date above. The most current version of the Terms will supersede all previous versions. Please regularly check the “Terms of Use” link on the footer of this website to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
Contact Information:
Cannabiz Digital C/O Fandom Marketing®, Inc.
101 W Broadway, Suite 815
San Diego, California 92101
Phone: (619) 796-3267