1. APPLICATION AND ACCEPTANCE
1.1 General. Unless otherwise agreed in writing, these Terms apply to your access to and use of the Website and the Services.
Particular rules applicable to individual Activities.
1.3 Minimum Age and Capacity Requirement. You must be not less than nineteen (19) years of age to access the Website or use Services. Notwithstanding that you may be nineteen years of age or older, you may not access the Website or the Services and may not accept the Terms if you are not of legal age or capacity to form a binding contract under the laws of the country in which you are a resident or from which you intend to access the Website or use the Services.
1.4 Application of Terms. These Terms apply to:
the content, materials, information, documents, graphics, and images made available on or from the Website ("Content");
any content, materials, information or documents that you may upload (including any comments that you send or post to any message boards or user blogs) on the Website ("Postings");
any software you may need to download in order to place orders for cannabis and/or cannabis-related products, or to participate in promotions and/or draws on the Website ("Software").
1.5 Acceptance of Terms. The Terms shall be deemed accepted by you upon the earlier of your:
using the Website or the Services;
clicking to accept or acknowledging agreement with these terms when this option is made available to you in the course of accessing or registering for the Services.
1.6 Amendments and Responsibility for Reviewing. We may make changes to the Terms from time to time, and will make a new copy of the Terms available at this link. You understand and agree that you are responsible for checking this link to determine whether the Terms have been updated and, in any event, that if you access the Website or use the Services after the date on which the Terms have changed, you agree that you shall be deemed to have affirmatively accepted the updated Terms. When we post changes to the Terms, the "Latest Update" date at the top of Terms will be updated.
2. REGISTRATION AND ACCOUNT CREATION
2.1 Account Registration. You must register an account with us ("Account") before you can use our Services. You must be at least 19 years old in order to register an Account.
2.2 Single Account Access. You are permitted to open only one (1) Account. Only one account is allowed per person. Multiple accounts held by the same individual are subject to immediate closure. Furthermore you shall not permit another person to access the Website or Software via your account without the express permission of Krown Kush.
2.3 Accounts Open in Our Discretion. We reserve the right to suspend, disable or terminate your Account at any time in our sole discretion. Unless otherwise specifically stated herein, all decisions regarding the opening, maintenance and closing of Accounts rest with us and any decisions we take regarding your participation in or the use of your Services or any aspect of an Account are final.
2.4 Information Required. If you choose to register an Account you will be required to provide your full name, email address, telephone number, and Driver’s Licence. If your identity cannot be validated, you may be required to submit additional information or documentation. You might also be required to answer one or more security questions, after which you will be sent a confirmatory email. You may also be required to update the information or data or to provide additional items as part of ongoing efforts to validate your identity for security reasons.
2.5 Information to be Valid and Verifiable. All information and data that you provide to us either at the time you register for an Account or at any subsequent time must be truthful, accurate, and verifiable in all respects. By providing such information and data you consent to us submitting it to third-party providers of age and identification Services to verify that you are who you say you are and that the information you give is true and accurate. If you have provided false information or if you are unable or unwilling to provide documentation to confirm your information, as we are unable to confirm your identify, your Account may be terminated and any and all activity within the Account deemed invalid.
2.6 Verification Services. We reserve the right to use third party verification Services to authenticate your account information and identity, and to conduct any necessary checks relating to potential fraud and you expressly acknowledge and agree that we may confirm the accuracy of any information you submit against government-issued ID.
2.8 Dormant Accounts. Your account will be deemed 'Dormant' if you have not used our Services for a period of eighteen (18) months. We will at times notify you of any promotional or loyalty points in your dormant account via the email address and telephone number on file. At five (5) years of inactivity your account will be considered 'Abandoned' and any promotional or loyalty points contained therein will be forfeited.
2.9 Account Reviews. You agree that we may at any time investigate your Account to ensure compliance with these Terms and to ensure that no improper or illegal activity is or has taken place.
2.10 All users have responsibility over their e-mail address, account number, password and account activity. If a user tells or reveals his access data to another person, he will be held accountable for the actions and consequences. Krown Kush is not responsible for any damage caused by misuse of the site.
3. USE OF THE WEBSITE AND SERVICES
3.1 Services Offered In Operator’s Discretion. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. The Website is updated regularly, and may change at any time. You acknowledge and agree that the specific form and/or nature of the Website or Services may change from time to time without prior notice and we may cease providing the Services (or any specific features within the Services) to you or to users generally in our sole discretion, without prior notice to you. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason the Website are unavailable at any time or for any period. We may terminate your Account, delete any content or information that you have posted on the Website, and/or prohibit you from using or accessing the Website or Service (or any portion, aspect or feature of the Service) for any reason, at any time, in our sole discretion.
3.2 Your Access. You may only use the Services if you reside in Canada. Subject to these Terms, you are responsible for making all technical or other arrangements necessary for you to have access to the Website.
3.3 Services for Personal Use Only. You shall not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
3.4 Access Disruptions. We are not responsible or liable in any way for any Internet disruptions or disconnections, and all risk and responsibility rests with you.
4. THIRD-PARTY WEBSITES AND OPERATORS
4.1 In the event we include links via the Service to third-party operators and/or websites (collectively “Third Party Operators”), including advertisements, which may include products, goods, services, or information offered therein, these links are provided only as a convenience. If you clickthrough using these links to other websites, you may leave our Site. We do not control nor endorse any such Third-Party Operators. You agree that the Company Parties will not be responsible or liable for any content, products, goods, services, or information provided or made available by a Third-Party Operators, including related websites, or for your use or inability to use the services of a Third-Party Operator.
4.2 You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Operator websites linked from our Site, might contain material or information:
that some people may find offensive or inappropriate;
that is inaccurate, untrue, misleading, or deceptive;
that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.
4.3 We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any Third-Party Operator website or in advertisements or content that a Third-Party Operator may have listed or offered on our Site.
4.4 Your interactions with a Third-Party Operators found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties, or representations associated with such matters are solely between you and the Third-Party Operator, except as may be otherwise stated herein. You acknowledge and agree that we are not a party to any transactions you may enter into, except as may be stated herein, and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Third-Party Operator.
5. RESPONSIBLE CANNABIS USE
5.1 No Underage Access. Without limiting any other provision hereof, and in the interests of clarity, under no circumstances may Account be created by any user that is under the age of nineteen (19), nor shall anyone under the age of nineteen (19) be permitted to use the Service. Any Account that is identified by us as having been improperly opened or used by someone under the age of 19 shall be forfeited and the Account closed.
5.2 Generally. The Website and the Services are intended solely for recreational use purposes. We are committed to ensuring that users have the ability to manage or limit their use on the Website. If cannabis use is negatively affecting your personal or professional life, please refer to the resources available here to seek counsel or assistance.
6. EXPRESS ACKNOWLEDGEMENTS
By accessing and/or by using the Services available on the Website, you expressly acknowledge and agree that:
6.1 You have voluntarily sought out and established contact with the Website;
6.2 For the purposes of making any purchase or other transactions, you are deemed to currently reside in Canada;
6.3 Any transactions conducted with you through the Website shall be deemed to take place in Canada and shall at all times be construed and enforced in accordance with, and shall be governed exclusively by, the laws of Canada;
6.4 You are solely responsible for confirming and ensuring your compliance with any local prohibitions and/or regulations that may be applicable to your activities on the Website, including those of your country or jurisdiction of residence
7.1 You are hereby granted the following non-transferrable, revocable licenses ("Licenses”):
a license to view, use, print, and download Content from the Website for your private personal use only;
a license to upload Postings to the Website for your private personal use only;
a license to download, install, and use the Software for your private personal use only.
7.2 You acknowledge and agree that:
none of the Licenses are exclusive to you and you may not transfer your rights under any of them to anyone else;
we may revoke or terminate any or all of the Licenses and any of your rights under any of them at any time and for any reason;
upon termination of any of the Licenses you must immediately delete the Software; remove any Postings; and destroy all Content that you have printed or downloaded.
8. YOUR OBLIGATIONS
8.1 not to copy or reproduce the Content and Software in any way or for any reason except with our prior written permission or where such copying or reproduction is incidental to normal use of the Content and Software and consistent with the terms of the relevant License;
8.2 not to make alterations to, or modifications of, or create derivative works using the whole or any part of the Content and Software, nor to permit the Content and Software or any part of them to be combined with, or become incorporated in, any other content and software;
8.3 not to copy, reproduce, store or include any of the Content and Software in any other Website or public or private electronic retrieval system or service other than with our prior written consent;
8.5 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
8.6 not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such thing;
8.7 not to provide or otherwise make available the Software (in whole or in part and including but not limited to program listings, object and source program listings, object code and source code);
8.8 not to use any of the Content and Software for commercial purposes without obtaining a license to do so from us;
8.9 to immediately notify us by email to firstname.lastname@example.org, if you suspect that the Content and Software or any Postings infringe the intellectual property rights of any other person.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge that we are the owner or licensee of all Intellectual Property Rights in the Website, Content and Software. Those works are protected by intellectual laws and treaties around the world. All such rights are reserved. For the purposes of these Terms, "Intellectual Property Rights" means patent rights (including patent applications and disclosures), copyrights (including copyright applications), trade secrets, moral rights, know-how and any other similar rights or intangible assets recognized under any law(s) or international convention(s) in any country or jurisdiction in the world where such rights accrue.
9.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organization to material posted on the Website.
9.3 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
9.4 The integrity of the Software is protected by technical protection measures ("TPM") so that the intellectual property rights, including copyright, in the Software is not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire, or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorized removal or circumvention of such TPM.
9.5 We reserve the right to remove any or all of the Content and Software from the Website (in particular but without limitation if we suspect that they infringe another person’s intellectual property rights).
9.6 Subject to these Terms, you shall acquire no rights whatsoever in and or to the Website, Content, or Services. You may not (and you may not permit or enable anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing.
9.7 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed, contained within, or displayed upon the Website, Software, or the Services. Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any Krown Kush trade names, trademarks, service marks, logos, domain names, and/or any other distinctive brand features. Unless you have been expressly authorized to do so in writing by us, you expressly agree that you will not use any Krown Kush trademark, service mark, trade name, logo, or distinctive brand feature in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. OUR LIABILITY
10.1 You expressly understand and agree that your access to the Website and your use of the Services is at your sole risk and that the Services are provided “as is” and “as available.” In particular, we and our subsidiaries, affiliates, service providers, and licensors do not represent or warrant to you that:
Your use of the Website or the Services will meet your requirements;
Your use of the Website or the Services will be uninterrupted, timely, secure, or free from error;
Any information obtained by you as a result of your use of the Website or Services will be accurate or reliable;
That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
10.2 Any material downloaded or otherwise obtained through the use of the Website or Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website or Services shall create any warranty not expressly stated in the terms. We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
10.3 You expressly understand and agree that we, our subsidiaries and affiliates, and suppliers and licensors shall not be liable to you for: (I) Any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss; (II) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Any changes which we may make to the Website or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
Your failure to provide us with accurate account information;
Your failure to keep your password or account details secure and confidential.
The limitations on our liability above shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
10.4 Without limiting any other provision hereof, you understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you access the Website and use the Services at your own risk.
10.5 We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or epidemic or pandemic.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
11.2 Krown Kush may also provide users with the ability to login to the Websites or Services with your login credentials from certain social networking Websites (e.g., Facebook, LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar Website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking Website. If you elect to share your information with any number of social networking Websites, we will then share your information with the Websites you name, in accordance with your election, and per their terms and conditions.
11.3 By accepting any winnings, prizes or promotions, to the maximum extent permitted by law, you grant to us and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name and digital and or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world and the right to copy, disclose, distribute, incorporate, and otherwise use such material for any and all commercial or non-commercial purposes.
11.4 You hereby release and hold harmless us and our associates, service providers, licensors, licensees, affiliates, successors and assigns from any and all claims, causes of action, remedies, and/or damages arising out of the use of your rights in accordance with the previous clause.
12. UPLOADING OF POSTINGS
12.1 Whenever you make use of a feature that allows you to make or upload Postings or other material to the Website or to make contact with other users of the Website, you must comply with the content standards set and communicated by us from time to time. You warrant that any such contribution does and shall comply with those standards, and you indemnify us for any breach of that warranty.
12.2 Other than personally identifiable information, which is covered under our Privacy Statement, any Posting or other material that you make or upload to the Website and will be considered non-confidential and non-proprietary, and you hereby grant us a non-exclusive irrevocable, worldwide right and license to use, copy, distribute, and disclose or license to third parties any such material for any purpose in perpetuity. You represent and warrant to us that you are the legal owner of all content and materials submitted to us or uploaded for use on the Website as a Posting and that you are entitled to and or have obtained all necessary consents, permissions, and authorities to grant us the license under this clause.
12.3 We will not be responsible or liable to any third party, for the content or accuracy of any Posting or other materials made or uploaded by you or any other user of the Website.
12.4 We have the right to remove any Posting or other material you make or upload on the Website in our sole and absolute discretion.
12.5 You are prohibited from making or uploading any Posting or other materials on the Website and from transmitting or distributing to, from, or on the Website any Posting or Content:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, threatening, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licenses and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, anywhere in the world, including, without limitation, Intellectual Property Rights;
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data);
which contains any advertising, promotion, solicitation for goods, Services, or funds, or solicitation for others to become members of any enterprise or organization.
12.6 You may not make or upload any Posting or other materials on the Website anonymously.
12.7 We do not warrant that we have reviewed or will monitor content, materials, information, documents, advertisements, graphics, and images (including without limitation any messages, data, information, text, or links) made available to or uploaded on the Website by other persons, and we reserve the right to delete any of it at any time, for any reason. We expressly disclaim all liability therefore.
13. VIRUSES, HACKING AND OTHER OFFENCES
13.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server(s) on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately and you shall immediately forfeit your Account.
13.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.
14. JURISDICTION, APPLICABLE LAW, AND DISPUTE RESOLUTION
14.2 If you have any complaints or concerns arising from your use of the Website, including any concerns about material which appears on the Website, please in the first instance contact email@example.com, where a member of our team of Customer Service Representatives will handle your complaint. If your complaint cannot be resolved to your satisfaction by our Customer Service Representative, you may request in writing to firstname.lastname@example.org the complaint be escalated to a Customer Service Supervisor.