Terms & Conditions
1. The Service
MyBud is social networking platform that allows Users who are interested in cannabis content to connect and share information and content (the “Service”).
In order to access the Service and start creating or contributing with other users, you must be a registered user and you can use the Service from a computer or a personal mobile device if you have downloaded the MyBud Platform. YOU MUST BE THE AGE OF MAJORITY IN YOUR JURISDICTION (WHICH IS TYPICALLY NINETEEN (19) YEARS OLD) TO USE THE MYBUD PLATFORM AND SERVICES. You may be asked to provide your birth date, age and/or other questions to confirm eligibility.
4. User Profiles
Once you have registered for the Services you can create a profile consisting of your username and a profile picture. Your profile may be searchable by other Users and certain actions that you perform on the MyBud Platform will be public regardless of your profile settings. For example, if you post content, other Users will be able to see that you have done that by clicking on your name to get more information. The information that will be visible to other Users will vary depending on your settings. You may control which groups of Users are able to view your profile.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted via the MyBud Platform by Users whether in private messages or otherwise (“User Content”), is the sole responsibility of such Users. This means that each User, and not MyBud, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. We do not control or actively monitor User Content and, as such, do not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will MyBud be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services.
6. Conduct Guidelines
In using the MyBud Platform and Service You agree that You will:
- comply with all applicable laws in your jurisdiction;
- treat the other users of the Services with whom You interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties;
- not upload any User Content that is harmful, abusive, constitute hate speech, or are harassing, discriminatory or otherwise objectionable and harmful to other Users and/or the public; and
- act honestly and in good faith and in a manner that will not harm the goodwill or reputation of MyBud.
7. Restrictions on User Content and Use of the Service
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit, or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the MyBud Platform or that of any Users or that compromises a User’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the MyBud Platform or servers or networks connected to the MyBud Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the MyBud Platform or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;
- collect, use, store or disclose personal data about other Users without their express consent;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the MyBud Platform; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the MyBud Platform, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
We reserve the right to terminate your access to the Services and take appropriate legal action if You are in breach of these requirements or the restrictions.
We are not responsible for the behaviour, acts or omissions of Users, including any User Content uploaded to the MyBud Platform and any events, or interactions among Users that are created or facilitated through the Services. If You feel that another User has threatened, harassed or otherwise acted in an inappropriate manner, You may notify us of this conduct through [email protected]. We will take appropriate steps as necessary to review and respond to your complaint. By submitting a complaint You acknowledge and agree that we may disclose your identity to the User in question in order to follow up directly with You in regards to your complaint.
9. License of Content
By submitting, posting or displaying User Content on or through the Service, You grant us (and our agents) a non-exclusive, perpetual, royalty-free, worldwide license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. MyBud will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit.
10. End User License
Except for User Content, the MyBud Platform and the information and materials that it contains, are the property of MyBud and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, MyBud grants You a non-transferable, non-exclusive, license to download, install and use one copy of the mobile application (if made available) on a mobile device that You own or control for your use (the “License”). The MyBud Platform is licensed to You and not sold. Nothing in the Terms gives You a right to use the MyBud or MyBud names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the App. Any future release, update, or other addition to functionality of the MyBud Platform shall be subject to the terms of these Terms.
If You provide MyBud with any suggestions, comments or other feedback relating to any aspect of the MyBud Platform and/or Service (“Feedback”), MyBud may use such Feedback in the MyBud Platform or in any other MyBud products or services (collectively, “MyBud Offerings”). Accordingly, You agree that: (i) MyBud is not subject to any confidentiality obligations in respect to the Feedback, (ii) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MyBud, (iii) MyBud (including all of its successors and assigns and any successors and assigns of any of the MyBud Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MyBud Offerings, and (iv) You are not entitled to receive any compensation or re-imbursement of any kind from MyBud or any of the other users of the MyBud Platform in respect of the Feedback.
You acknowledge and agree that MyBud Platform may contain advertisements. MyBud does not endorse any of the products, services or activities advertised in the App. If You elect to have any business dealings with anyone whose products or services may be advertised in the App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that MyBud shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
You shall be responsible for obtaining access to the MyBud Platform and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the MyBud Platform. It is your responsibility to ascertain whether any information or materials downloaded from the MyBud Platform are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
14. Links & Third-Party Websites
The Platform (including User Content) may contain links to other websites that are not owned or controlled by MyBud. In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by MyBud of that third party, third-party product or service. MyBud is not responsible for the content of any linked websites. Any third-party websites or services accessed from the MyBud Platform are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the MyBud Platform of a link to any other website(s) does not imply that MyBud endorses or accepts any responsibility for the content or use of such websites, and You hereby release MyBud from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
15. Disclaimer; No Endorsement
MyBud provides a platform for Users to connect and share content. We do not control the User Content that is created or published by our Users, and do not endorse any of the information or advice of any User. YOU AGREE THAT THE PLATFORM AND SERVICES, AS WELL AS ANY INFORMATION OR CONTENT PROVIDED THEREIN, ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE CONSULT A PHYSICIAN BEFORE USING CANNABIS. MyBud expressly disclaims any and all liability for any loss, injury, damage, harm or any other claim to You or your property as a result of your use of the MyBud Platform and Services and neither MyBud, nor any of its officers, directors, employees, agents, or service providers shall be liable for any injury, including death, arising from your use of User Content. YOU ASSUME ALL RISKS IN RESPECT TO ITS USE OF THE PLATFORM AND SERVICES.
Because we do not supervise or control interactions between Users, and because We cannot guarantee the true identity, age, nationality of Users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the MyBud Platform. You agree that You bear all risk and You agree to release MyBud (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, ambassadors and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the MyBud Platform or Services, your interactions and transactions with other Users of the MyBud Platform and Services, your third party transactions, and our resolution of any disputes among Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
17. Disclaimer of Representations, Warranties and Conditions
THE SERVICE, MYBUD PLATFORM AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” MYBUD SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. MYBUD DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE PLATFORM, AND MYBUD SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. MYBUD WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
18. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MYBUD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE MYBUD PLATFORM OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE PLATFORM (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE MYBUD PLATFORM, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE MYBUD PLATFORM OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM. THESE LIMITATIONS SHALL APPLY EVEN IF MYBUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYBUD’S LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), AND WILL AT ALL TIMES BE LIMITED TO THE GREATEROF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID MYBUD IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
21. Availability & Updates
We are constantly continuing to develop, and MyBud may alter, modify, add suspend, or discontinue the MyBud Platform or certain portions of the MyBud Platform at any time and for any reason or no reason, without notice. The Service and/or MyBud Platform may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. MyBud may periodically add or update the information and materials on the MyBud Platform without notice.
Information sent or received over the Internet is generally unsecure and MyBud cannot and does not make any representation or warranty concerning security of any communication to or from the MyBud Platform or any representation or warranty regarding the interception by third parties of personal or other information.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglaise.
If You have any questions about these Terms or if You wish to make any complaint or claim with respect to the MyBud Platform or Service, please contact us at: [email protected]
Last Updated: January 7, 2019