Cannabis Cuisine Terms Of Service

Terms of Service Notice

(Last updated: June 15, 2016)

These terms and conditions are effective immediately for those registering accounts and those with pre-existing accounts. The following document outlines the terms of use of the CannabisCuisine.com website (“Site”). Before using any of Cannabis Cuisine’s services, you are required to read, understand, and agree to these terms. By using this Site, you are agreeing to these Terms and concluding a legally binding contract with Cannabis Cuisine. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

DEFINITIONS

  1. “You” and “your” refer to you as a user of Cannabis Cuisine. A “user” is someone who access, browses, crawls, scrapes, or in any way uses the Site.
  2. “Content” means any text, image, photographs, audio, video, location data, and all other forms of data communications.
  3. “User Content” means Content that users submit or transmit to, through, or in connection with the Site.

Description of Services

Welcome to CannabisCuisine.com. This Site features information about Cannabis as well as hemp and other cannabis-related subject matter. Cannabis Cuisine provides a platform via its website to a community of registered users to share Cannabis related culinary recipes and provide comments, opinions and ideas related to Cannabis for educational and informational purposes only (“Services”).  Cannabis Cuisine does not distribute, sell, or otherwise provide cannabis based products. The following are the terms of service (“Terms”) for using the Site and the Services.

ACCEPTANCE OF TERMS

By using the Services, you agree, on behalf of yourself and those you represent, to comply with and be legally bound by the Terms as well as Cannabis Cuisine’s privacy policy and all applicable laws. If you, for yourself or on behalf of those you represent, do not agree to any provision of these terms, you must, for yourself and on behalf of any person(s) you represent, discontinue the registration process, discontinue your use of the services, and, if you are already registered, cancel your account.

Acknowledgement Of laws relating to Cannabis

By using the Services, you, and those you represent, acknowledge and understand that cannabis is a Schedule I Controlled Substance and illegal under federal laws of the United States. Depending on the state you reside in, cannabis may be illegal under your jurisdiction’s state laws. Cannabis Cuisine does not endorse the illegal use or possession of cannabis in any manner. You expressly agree that the use of cannabis or cannabis related products is at your sole risk. Consult with an attorney to determine the legality of using or possessing cannabis in your jurisdiction.

MODIFICATION OF TERMS

Cannabis Cuisine reserves the right, in its sole discretion, to modify, change, add, delete or replace any Terms at any time. If the alterations constitute a material change of the Terms, Cannabis Cuisine will notify you by posting an announcement on the Site. What constitutes a material change will be determined at Cannabis Cuisine’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Site or Services shall constitute your acceptance of the Terms as modified.

If you have any questions regarding the use of the Web site, please immediately contact us at Info@CannabisCuisine.com.

ELIGIBILITY

To access or use the Site, you must be 21 years or older and have the requisite authority to enter into these Terms. You may not use this Site if Cannabis Cuisine has previously terminated your account or you have been banned by Cannabis Cuisine.

PERMISSIONS TO USE SITE

Cannabis Cuisine grants Users permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive inaccurate, objectionable, or otherwise inappropriate.

REGISTRATION

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. To open an account with Cannabis Cuisine, select a username and password, and provide registration information. The information provided must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms which may result in immediate termination of your access to the services, by either terminating your email access or your account.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Cannabis Cuisine account. If you elect to subscribe and contribute to this web site, you acknowledge and agree that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others. You agree to notify us immediately at Info@CannabisCuisine.com of any breach of security or unauthorized use of your Membership.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without the appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

USER CONDUCT

All User Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such User Content originates and you acknowledge and agree that you, and not Cannabis Cuisine, are entirely responsible for all Content that you post, or otherwise submit to Cannabis Cuisine. Cannabis Cuisine does not control User Content and, as such, cannot verify or guarantee the accuracy, integrity, or quality of such User Content. You understand that by using the Site, you may be exposed to Content that you may find objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms or applicable federal and state laws, or any other purpose not reasonably intended by Cannabis Cuisine. By way of example, and not as a limitation, you agree not to, and will not assist, encourage or enable other not to use the Site or Services to:

  • To violate the Terms of Service;
  • Violate any applicable laws;
  • To abuse, harass, threaten, impersonate, or intimidate any person;
  • To submit, post or transmit, or cause to be posted or transmitted, any information or images that are libelous, defamatory, obscene, offensive, profane, or that infringes on any copyright, trademark, intellectual property right, or other right of any person;
  • To submit, post or transmit, or cause to be posted or transmitted, recipes, ingredients, or information that is unsafe for human consumption;
  • To use Cannabis Cuisine’s trademark, logo, or other proprietary information, including the images found at this Web site, the content of any text, or the layout/design of any page or form contained on any page of the Site, without the express written consent of Cannabis Cuisine;
  • For any purposes that are not permitted under the laws of the jurisdiction where you use the Services;
  • To submit, post or transmit, or cause to be posted or transmitted, any communications designed or intended to obtain the password, account, or private information from any Cannabis Cuisine user;
  • To create or transmit unwanted “spam” to any person or any URL;
  • To create multiple accounts for the same person;
  • To submit, post, or transmit copyrighted information that does not belong to you or to post copyrighted information without the author’s expressed written permission;
  • Use robots, spiders, or any automatic device, or use of any manual process to copy or scrape the web site Content for any purpose without the express written permission of Cannabis Cuisine. Notwithstanding the foregoing, Cannabis Cuisine grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
  • To sell or otherwise transfer your profile;

PROPRIETARY RIGHTS

CannabisCuisine.com, its affiliates or licensors solely and exclusively own all rights, title and interest in all Site materials, including, without limitation, www.CannabisCuisine.com, the CannabisCuisine.com logo, Content as defined herein, and all other design, text, copy, graphics, videos, other files, and the selection and arrangement thereof.

Other than as expressly permitted in these Terms of Use, you may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials on or available through the web site. When you use the website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You may display and print material from this Site solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of CannabisCuisine.com, is strictly prohibited.

CONTENT SUBMITTED

Please read this section carefully before posting, submitting or transmitting any information to the site. By posting, submitting, or transmitting information and recipes to Cannabis Cuisine, Cannabis Cuisine is the sole and exclusive owner of the User Content submitted by you. It is acknowledged and agreed that you hereby grant to Cannabis Cuisine an irrevocable, non-exclusive, perpetual, worldwide, fully-paid royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your submitted User Content and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such User Content on commercial websites, without compensation of any kind to you or any third party. It is acknowledged and agreed that recipes and other submitted User Content are not confidential and may be made public without notice.

You hereby represent and warrant that: (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Cannabis Cuisine’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Cannabis Cuisine to effect, perfect, and confirm the license granted to Cannabis Cuisine to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of Cannabis Cuisine and Cannabis Cuisine is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by Cannabis Cuisine, we may include your name.  By submitting a recipe to Cannabis Cuisine, you hereby grant Cannabis Cuisine the right to use your name when publishing. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.

Cannabis Cuisine may publicly display advertisements and other information adjacent to or included with your User Content. You are not entitled to any compensation for such advertisements. The manner and extent of such advertising are subject to change without prior notice to you.

COPYRIGHT COMPLAINTS

Cannabis Cuisine respects the intellectual property rights of others. It is our policy to respond promptly to any claim or allegation that Content posted on the Site infringes on the copyright or intellectual property infringement of any person or entity. Cannabis Cuisine will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable laws and these Terms where it believes an infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Cannabis Cuisine of a possible infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of Info@CannabisCuisine.com  and include in your notice a detailed description of the alleged infringement sufficient to enable Cannabis Cuisine to make a reasonable determination of a potential infringement. Notifications shall also be sent to Cannabis Cuisine’s Designated agent: Terri King-Setz located at P.O. Box 220 Greenwood, CA95635.  Please note that you may be held accountable for damages, including costs and attorneys’ fees, for misrepresenting that any Content is infringing on any Copyright.

If we remove or disable access to Content in response to a notice of infringement, we will make reasonable attempts to contact the user who posted the affected content. If you feel that your Content is not infringing, you may provide Cannabis Cuisine with a counter notice in writing to the attention of “Copyright Counter Notification” at Info@CannabisCuisine.com. You must include in your counter notice sufficient information to enable Cannabis Cuisine to make a reasonable determination of a potential infringement. Please note that you may be held accountable for damages, including costs and attorneys’ fees, if you materially misrepresent that your Content is not infringing the copyright of others.

Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement

Cannabis Cuisine has registered an agent with the United States Copyright office in accordance with the terms of the Digital Millennium Copyright Act (“DMCCA”) and avails itself of the protections under the Act. Cannabis Cuisine reserve the right to remove any content that allegedly infringes another persons’ copyright. Cannabis Cuisine will terminate, in appropriate circumstances, users who are repeat infringers of another person’s copyright. Notices to Cannabis Cuisine regarding any alleged copyright infringement should be directed to Cannabis Cuisine via email at: Info@CannabisCuisine.com.

Cannabis Cuisine may give notice of a claim of copyright infringement to our users by means of a general notice on the Web site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Cannabis Cuisine may, within its sole discretion, terminate authorization of users to its Web site who are repeat infringers.

FILING A DMCA NOTICE TO REMOVE COPYRIGHT-PROTECTED CONTENT

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Cannabis Cuisine with a written notice containing the following information.

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FILING A DMCA COUNTER-NOTICE TO RESTORE CONTENT REMOVED FROM THE WEBSITE

If you believe that your material has been removed by mistake or misidentification, please provide Cannabis Cuisine with a written counter-notification containing the following information:

  1. Your name, address, telephone number, and email address;
  2. Your physical or electronic signature;
  3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  4. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Cannabis Cuisine may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Cannabis Cuisine, its affiliated and associated companies, and their respective officers, directors, employees, agents, representatives, independent contractors, licensors, licensees, suppliers, successors, and assignees, of and from, any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever, in law or equity now and in the future, directly or indirectly arising out of or related to your use of the Site or Services.

You hereby agree to defend, indemnify and hold harmless Cannabis Cuisine, its affiliated and associated companies, and their respective officers, directors, employees, agents, representatives, independent contractors, licensors, licensees, suppliers, successors, and assignees, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising out of or related to your use of the Site or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.

 

TRADEMARKS

CannabisCuisine.com,” “Cannabis Cuisine,” and Cannabis Cuisine’s graphics, logos, designs, page headers, button icons, scripts, and service names are registered service and/or trademarks of CannabisCuisine.com, its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of CannabisCuisine.com. Cannabis Cuisine’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cannabis Cuisine. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners.

TERMINATION AND CANCELLATION

Cannabis Cuisine reserves the right to have sole and exclusive discretion to immediately terminate or suspend any and all Services and/or your account without notice or liability for any reason whatsoever, including without limitation any breach of its Terms.

In order to cancel your Subscription Services at any time, you must contact Customer Support in writing at Info@CannabisCuisine.com. Upon termination or cancellation of your Subscription Services, Cannabis Cuisine reserves the right to immediately deactivate or delete your subscription service related features and content.

Upon cancellation or termination, your right to use the Services will immediately cease. All provisions of the Terms shall survive cancellation or termination including ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Severability

If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

DISCLAIMER

Please read this section carefully. The Site is made available to you on an “as is” basis. As such, your use of this Site is at your own risk. By accessing this site, you acknowledge that the use or possession of cannabis, commonly referred to as marijuana, is a Schedule I Controlled Substance and illegal under federal law of the United States. Depending on the state, cannabis may be illegal under your jurisdiction’s state laws. Cannabis Cuisine does not endorse the illegal use of cannabis in any manner. You expressly agree that the use of cannabis or cannabis based products is at your sole risk. Consult with an attorney to determine the legality of using or possessing cannabis in your jurisdiction.

The content of Cannabis Cuisine, its social media pages, links, affiliates or otherwise is provided for informational and entertainment purposes only. Cannabis Cuisine offers no opinions or advice on the use, possession, or consumption of cannabis or cannabis related products.  Although an effort is made to assure the accuracy and completeness of the information provided on the Web site, Cannabis Cuisine makes no representations, warranties, express or implied, conditions opinions, guarantees of any kind relating to the accuracy, adequacy, completeness, legality, reliability, or usefulness of the information contained in the Web site or its links and affiliates.

 

You agree and acknowledge that you are responsible for ensuring the quality, safety, health, and accuracy of any information, ingredients, or recipes acquired through the Site, its links or affiliates prior to use or consumption.

 

Cannabis should never be given to children or animals. The Food and Drug Administration has not evaluated the use and consumption of cannabis. Extreme caution should be taken in the event that cannabis is consumed. Always seek the advice of a physician or qualified health professional prior to the consumption of cannabis or cannabis based products.

 

Cannabis includes THC (tetrahydrocannabinol) and cannabinoids. Cannabis Cuisine offers no opinion on the amount of cannabis or cannabis based ingredients to be included within any item for consumption. The use, amounts, ingredients, and mixtures of cannabis should be independently evaluated by a qualified expert to ensure safety prior to consumption. Consuming cannabis, or products containing cannabis, may have unknown or adverse health consequences. The intoxicating effects of cannabis may be delayed by two hours or more. Consuming cannabis may impair your ability to drive or operate machinery. Never consume cannabis or cannabis related products and drive. Please use extreme caution if you decide to use cannabis or products containing cannabis. Seek medical attention immediately if you feel you may be suffering from any medical condition.

 

You expressly acknowledge and agree that all information submitted to Cannabis Cuisine shall upon transmission become the property of Cannabis Cuisine and that you relinquish any and all rights, claims and interest to the information submitted. You further acknowledge and agree that Cannabis Cuisine reserves the right to use any information provided to it at its own discretion. No guarantees are made as to whether user recipes or other information will appear on Cannabis Cuisine’s Web site.

Cannabis Cuisine, its affiliates and content contributors shall not be held liable for any improper or incorrect use of the information on this site, links or affiliates.

 

Cannabis Cuisine and its contributors are not responsible for the content of any off-site pages linked from the Web site. Links from Cannabis Cuisine are provided as a convenience for users and for informational and entertainment purposes only. Cannabis Cuisine does not endorse, is not responsibility and hereby disclaims any liability for any information provided by third parties. It is your responsibility as a user to determine the content and usefulness of information you find on Cannabis Cuisine’s web page and on other sites. Cannabis Cuisine, its affiliates, and content contributors shall not be held liable for any direct or indirect damages caused in any way through the use of information on this site, links or affiliates. Your sole and exclusive right and remedy in case of dissatisfaction with the Site, related Services, or any other grievance shall be your termination and discontinuation of access to, or use of the Site.

 

Information on this Web site is governed by the laws of the State of California. By accessing or using Cannabis Cuisine, you expressly agree that any legal claim, dispute, or other controversy between you and Cannabis Cuisine arising out of or otherwise relating in any way to Cannabis Cuisine, shall be resolved in confidential binding arbitration conducted before one arbitrator from the American Arbitration Association, proceeding under the American Arbitration Association’s Expedited Rules, rather than in a Court of law. You specifically agree that you are bound to resolve all disputes in arbitration, and you acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and otherwise proceed in a lawsuit in state or federal court.

PRIVACY POLICY

Cannabis Cuisine does not record any of your identifiable information, unless you provide it to us. Cannabis Cuisine does not collect or disclose your personal information to third parties. Cannabis Cuisine reserves the right to provide non-identifiable consumer data to third parties including, but not limited to, general statistics about pages viewed on our site, sales, and other viewing information.

GENERAL TERMS

The headings and section titles of the Terms are not a part of the Terms and shall have no effect upon the construction or interpretation of any part hereof.

The Terms contain the entire agreement between you and Cannabis Cuisine regarding the use of the Site and supersede any prior agreements between you and Cannabis Cuisine. You acknowledge and agree that no reliance is placed on any representation made but not expressly made in these Terms.

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain valid and in full force and effect.