Terms of Service - The WeedTube

1. Your Acceptance

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service“), govern your access to and use of www.theweedtube.com (“The Weed Tube” or the “Website“), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. These Terms of Service apply to the Website, web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs”, or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means. Please read the Terms of Service carefully before you start to use the Website. By using the Website, any Weed Tube products, software, data feeds, and services provided to you on, from, or through the Weed Tube website (collectively the “Service”), or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.theweedtube.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website. If you access or use the Website, whether you click to accept or no, you agree to all of the various terms in these Terms of Service. If you do not understand all of these Terms of Service, you should consult an attorney before agreeing to any of the Terms of Service. You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form. When using the Website, you shall be subject to any posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service. We may also offer other websites that are governed by different Terms of Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at www.theweedtube.com/terms-of-service/. The Weed Tube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. About Our Website

The Website allows for uploading, sharing and general viewing of various types of content by registered and unregistered users who desire to share and view visual depictions of explicit content, including images and depictions of drug use. In addition, the Website contains texts, messages, files, data, information, images, photos, videos, recordings, materials, code or content of any kind and other materials posted/uploaded by users.

The Website may contain links to third party websites that are not owned or controlled by the Website. The Website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Website will not and cannot censor or edit the content of any third-party site. By using the Website you expressly relieve it from all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms, conditions, and privacy policy of each other website that you visit.

The Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Website.

You understand and acknowledge that when using the Website, you will be exposed to content from a variety of sources, and that the Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto, and agree to indemnify and hold the Website, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

3. Changes to the Terms of Service

We may modify or revise these Terms of Service from time to time in our sole discretion and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Service, you are expected to periodically review the most up-to-date version found at www.theweedtube.com/terms-of-service/, so you are aware of any changes, as they are binding on you. If we change anything in these Terms of Service, the change will be reflected in the “last modified date”. You agree that you will periodically review these terms and refresh the page when doing so. You agree to note the date of the last revision of these terms. If the “last modified” date is unchanged from the last time you reviewed these terms, then they are unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review the terms, and you agree to the modified terms. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review new terms as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended terms is your own omission. By continuing to use the Website subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to and consent to such amendment.

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of The Weed Tube, including but not limited to all products, software and services offered via the Weed Tube website, such as, if applicable, the Weed Tube channels, the Weed Tube “Embeddable Player,” the Weed Tube “Uploader” and other applications.

3. Weed Tube Accounts

In order to access some features of the Service, you will have to create a Weed Tube account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Weed Tube immediately of any breach of security or unauthorized use of your account.

Although The Weed Tube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Weed Tube or others due to such unauthorized use.

4. General Use of the Service—Permissions and Restrictions

The Weed Tube hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Service or the Content without The Weed Tube’s prior written authorization, unless The Weed Tube makes available the means for such distribution through any functionality offered by the Service.

B. You agree not to alter or modify any part of the Service.

C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means The Weed Tube may designate.

D. You agree not to use the Service for any of the following commercial uses unless you obtain The Weed Tube’s prior written approval:

the sale of access to the Service;

the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or

the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from The Weed Tube appears on the same page and is of sufficient value to be the basis for such sales.

Prohibited commercial uses do not include:

uploading an original video to The Weed Tube, or maintaining an original channel on The Weed Tube, to promote your business or artistic enterprise;

showing The Weed Tube videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or

any use that The Weed Tube expressly authorizes in writing.

If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Weed Tube website.

If you use the Weed Tube Uploader, you agree that it may automatically download and install updates from time to time from The Weed Tube. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit The Weed Tube to deliver these to you) as part of your use of the Uploader.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Weed Tube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The Weed Tube 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. The Weed Tube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

In your use of the Service, you will comply with all applicable laws. This shall include refraining from selling, advertising for sale, or purchasing illegal goods or services. Any account or person who is found to have violated these terms of service shall have their account discontinued, taken down and removed.

The Weed Tube reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to The Weed Tube, subject to copyright and other intellectual property rights under the law.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by The Weed Tube on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of The Weed Tube or the respective licensors of the Content. The Weed Tube and its licensors reserve all rights not expressly granted in and to the Service and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that The Weed Tube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Weed Tube with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless The Weed Tube, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct

As a Weed Tube account holder you may submit Content to the Service, including videos and user comments. You understand that The Weed Tube does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to The Weed Tube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to The Weed Tube, you hereby grant The Weed Tube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and The Weed Tube’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that The Weed Tube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant The Weed Tube all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.

Your content shall not, at any time, be presented in a way that could be construed, presented, represented, perceived or taken in any way as to provide medical or legal advice. Any content which includes depictions, descriptions, or references to or of medical use of cannabis must be accompanied by a statement consistent with the following: “these statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”

Content creators and any other individual depicted or appearing in videos or Content must be 21 years of age or older, regardless of the laws of the state in which the video is taken. Videos shall not encourage, condone, or tolerate the use of cannabis by those under 21 years of age.

Content shall not encourage, condone, or tolerate the recreational use of other narcotics, prescribed or otherwise. Content will not include any nudity or material which could be deemed as pornographic, including but not limited to: the visual depiction of sexual organs including female breasts and/ or genitals. Content will not include any material which could be deemed as cruelty to animals, or include the image and/or use of firearms.

Additionally, Content shall not encourage, condone, or tolerate hate speech, harassment, cyber-bullying, or any acts of violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these or similar core characteristics.

Content creators shall not act in a manner that negatively affects other users’ ability to use the website, including without limitation by engaging in conduct that is harmful, criminal in nature, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable.

Content shall not contain unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation. There shall be no unlawful or unauthorized sweepstakes, contests, or lotteries, or otherwise related to gambling allowed in the Content. Content creators shall not post anything which impersonates another person or falsely state or otherwise misrepresent your affiliation with a person, or content that is defamatory or slanderous, regardless of whether the statement was made with or without knowledge of the truth or falsity of the statement.

Content creators shall not deploy programs, software or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct.

Additionally, Content shall not encourage, condone, or tolerate the production, distribution, possession or consumption of cannabis products in conjunction or concert with any of the following:

Sale, advertisement for sale, possession, consumption or similar endeavor of illegal goods or services;

Cannabis revenue and activity in association with criminal enterprises, gangs or cartels;

Interstate activity and/or transportation of cannabis products in an illegal manner;

Use of state-legal cannabis sales as a cover for illegal activity;

Violent activity and/or use of firearms in growing or distributing cannabis;

Drugged driving or exacerbation of other adverse public health consequences associated with cannabis use; and/or

Growing cannabis on public lands as well as cannabis possession or consumption on federal property (national parks, government property, etc.).

Violation of applicable laws in user’s jurisdiction and/ or violation of any of the above policies or encourage or provide instructions to another to do so.

Each Content Creator acknowledges that it understands that these Terms of Service authorize the Website Admin and any other agent of The Weed Tube to remove any and all videos that violate these Terms of Service. If a violation is so found, the creator of such content forfeits any and all revenue generated from the removed video(s), and can be banned from future uploads at the sole discretion of The Weed Tube.

The Weed Tube does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and The Weed Tube expressly disclaims any and all liability in connection with Content. The Weed Tube does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and The Weed Tube will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Weed Tube reserves the right to remove Content without prior notice.

7. Monitoring and Enforcement; Termination

We have the right to:

remove or refuse to post any Content you submit or contribute to the Website for any or no reason in our sole discretion, which includes the right to remove your entire page and disallow you from posting on the Website ever again/banning from you The Weed Tube;

take any action with respect to any Content posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for us;

disclose your personally identifying information or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy;

take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or

terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Website. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Website may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of the Website in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.

However, we do not undertake to review Content before it is posted on the Website, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

8. Account Termination Policy

The Weed Tube will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

The Weed Tube reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, illegal activity, pornography, obscenity, or excessive length. The Weed Tube may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.

9. Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

link from your own or certain third-party websites to certain content on this Website;

send e-mails or other communications with certain content, or links to certain content, on this Website; and/or

cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; and/or

otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

10. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assumes no responsibility for, the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Further, you agree to release us from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Website.

Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Website, are solely between you and such third parties. You agree that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Website.

11. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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;

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 the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have 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

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent at [email protected]heweedtube.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to The Weed Tube customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, The Weed Tube may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Weed Tube’s sole discretion.

12. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEED TUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE WEED TUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE WEED TUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE WEED TUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL THE WEED TUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEED TUBE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by The Weed Tube from its facilities in the United States of America. The Weed Tube makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless The Weed Tube, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

14. Ability to Accept Terms of Service

You affirm that you are either more than 21 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 21, as the Service is not intended for persons under 21. If you are under 21 years of age, then please do not use the Service.

15. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Weed Tube without restriction.

16. Ability to Accept Terms of Service

You affirm that you are at least 21 years of age or the age of majority in the jurisdiction you are accessing the Website from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 21 or the applicable age of majority, you are not permitted to submit personal information to us or use the Website. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of content depicting or otherwise related to drug use.

17. General

You agree that: (i) the Service shall be deemed solely based in Washington State; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over The Weed Tube, either specific or general, in jurisdictions other than Washington State. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and The Weed Tube that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Chelan County, Washington. These Terms of Service, together with the Privacy Notice at www.theweedtube.com/privacy-policy/ and any other legal notices published by The Weed Tube on the Service, shall constitute the entire agreement between you and The Weed Tube concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The Weed Tube’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Weed Tube reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE WEED TUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19. GDPR (General Data Protection Regulation)

In accordance with the General Data Protection Regulation law in the European Union effective May 25, 2018, The WeedTube users can request a copy of their personal data as well as get The Weedtube to delete their personal data.

19. How to Get Paid on The Weed Tube?

To be eligible for partnered, paid content on TheWeedTube.com your channel must have a minimum of 420 Subscribers. Currently, The WeedTube has to manually calculate the views through our analytics to ensure who is eligible for payment. If your video (s) is eligible, we will manually reach out to get your payment information. Creator payments will be based on your eligible video (s) share of 52% of pre-roll commercial net profits.