Oakland Cannabis Clubs Terms of Use
1. General.
1.1 This Agreement governs your use of this web site and its associated services
(the "Web Service"), including interactive chat and forum discussion
areas (the "Interactive Areas"), which are owned and operated by
Oakland Cannabis Clubs and its subsidiaries, affiliates, divisions
and related companies ("Oakland Cannabis Clubs").
1.2 Oakland Cannabis Clubs reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Oakland Cannabis Clubs as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.
1.3 Oakland Cannabis Clubs is a web site designed for medical marijuana patients. Oakland Cannabis Clubs does not endorse the recreational use of marijuana. The material contained within this site is not intended for minors under the age of 18. Web site visitors must agree to these Terms and Conditions in its entirety. If you do not agree with these Terms and Conditions, please leave now.
A) You must be 18 years of age or older to vist, view, join, read, post, or contribute to Oakland Cannabis Clubs.
B) You must also be a current California Medical Marijuana Patient, as defined by Prop. 215 and CA SB420. A valid doctors recommendation is required to gain admittance to any medical cannabis dispensary.
C) You must agree to release the creators of this web site, its owners, operators, service providers and other affiliates or agents from any and all liabilities.
If you are not 18 years of age or do not meet these requirements, please leave now.
2. Use of Content.
2.1 You acknowledge that the Web Service contains information,
software, photographs, audio and video clips, graphics, links and other
material that are protected by copyright, trademark or other proprietary
rights of Oakland Cannabis Clubs or third parties, including but
not limited to product names, logos, designs, titles, and words or phrases
which may be registered in certain jurisdictions (collectively, the "Content").
You agree to comply with any additional copyright notices, information,
or restrictions contained in any Content available on or accessed through
the Web Service. Users of the Web Service may use the Content only for
their personal, noncommercial use. Users of the Web Service wanting to
use the content for commercial use must obtain prior express written
permission of Oakland Cannabis Clubs.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the Web Service any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You grant to Oakland Cannabis Clubs the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of Oakland Cannabis Clubs. "Free" content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and "free" content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of Oakland Cannabis Clubs or the owners of such content or their authorized persons if other than Oakland Cannabis Clubs.
3. Rules of Conduct.
You shall not post on the Web Service any content which (a) is libelous, defamatory,
obscene, pornographic, abusive, harassing or threatening; (b) contains viruses
or other contaminating or destructive features; (c) violates the rights of
others, such as content which infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity; or (d) otherwise
violates any applicable law or reputation. You may not post on the Web Service
any links to any external Internet sites that are obscene or pornographic.
You shall not use the Web Service for any commercial purpose not expressly
approved by Oakland Cannabis Clubs, nor shall you distribute any advertising
or solicitation of funds or goods and services or solicit users to join competitive
online services.
4. Managing Content.
Oakland Cannabis Clubs does not and cannot review the content posted
by users on the Web Service and is not responsible for such content. However,
Oakland Cannabis Clubs reserves the right to delete, move or edit any
content (including content posted in any Interactive Area) that it may determine,
in its sole discretion, violates or may violate this Agreement or is otherwise
unacceptable. You shall remain solely responsible for all content posted
by you. Oakland Cannabis Clubs shall have the right but not the obligation,
to correct any errors or omissions in any content, as it may determine in
its sole discretion.
5. No Endorsement.
5.1 Oakland Cannabis Clubs does not represent
or endorse the accuracy or reliability of any content posted on any Interactive
Area and you acknowledge that any reliance upon such content shall be
at your sole risk. Any content placed on any Interactive Area by users
are the views of the user posting the statement, and do not represent
the views of Oakland Cannabis Clubs or its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that Oakland Cannabis Clubs is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
6. Indemnity.
You agree to indemnify, defend and hold Oakland Cannabis Clubs and its
affiliates, and their respective officers, directors, owners, agents, information
providers and licensors (collectively, the "Oakland Cannabis Clubs
Parties") harmless from and against any and all claims, liability, losses,
costs and expenses (including attorneys' fees) incurred by any Oakland
Cannabis Clubs Party in connection with any use or alleged use of the service
under your user name by any person, whether or not authorized by you. Oakland Cannabis Clubs reserves the right, at your expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with Oakland Cannabis
Clubs's defense of such claim.
7. Termination of Service.
Oakland Cannabis Clubs reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or any part of the Web
Service, including the Interactive Areas, at any time for any reason without
prior notice or liability. Oakland Cannabis Clubs may change, suspend
or discontinue all or any aspect of the Web Service at any time, including
the availability of any feature, database, or Content (including the Interactive
Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER OAKLAND CANNABIS CLUBS NOR ANY PROVIDER
OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES OAKLAND CANNABIS
CLUBS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE
ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE
OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. NEITHER Oakland Cannabis Clubs, THIRD
PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT
OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER OAKLAND CANNABIS CLUBS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS
THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL
BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED
SOLELY BY YOU.
8.2. NEITHER OAKLAND CANNABIS CLUBS NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF OAKLAND CANNABIS CLUBS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous.
This Agreement shall be construed in accordance with the laws of the State
of California, and the parties irrevocably consent to bring any action to
enforce this Agreement in the federal or state courts located in San Francisco
County in the State of California. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof,
and supersedes all previous written or oral agreements between the parties
with respect to such subject matter. All provisions hereof shall survive
any termination of this Agreement as well as any other revisions which by
their terms or sense are intended to survive.
