DATED: MARCH 19, 2018
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS SITE YOU ACCEPT THESE TERMS.
WE STRIVE TO BE FAIR AND EQUITABLE TO YOU THE USER, WHILE COMPLYING WITH LAWS, REGULATIONS AND ACTING ETHICALLY.
Note that specific terms and agreements may apply to usage of sections of the Site or in submissions and will be listed appropriately.
“User Content” means any comments, photos, videos, suggestions, ideas, submissions or any materials which you post or send to Us. You agree that you have no expectation of any review, compensation or consideration of any type in connection with your User Content. Further you agree that any User Content you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended between you and us in any way. We, our representatives and users will be entitled to exploit and disclose all User Content and we will not be liable to you or any other person claiming through you for any exploitation or disclosure of any User Content.
You grant Us and our distributors and assignees a perpetual, non-exclusive, irrevocable, fully-paid, royalty free, sub-licensable and transferrable worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify and create derivative works based upon, perform and otherwise exploit User Content in whole or in part in all media formats now known or devised for any and all purpose (the “Submission License”). To the extent applicable, you waive any moral rights you have in the User Content you submit.
If your User Content is on a public forum such as social media or chat or comment environment, you have no expectation of privacy in such an environment and we cannot guarantee the security of any information you disclose as User Content in a public forum. You make any disclosures at your own risk.
We have no duty to monitor any public forum or monitor the posting of User Content. We disclaim any liability of User Content reposted by users and we owe no obligation to take any action with respect to User Content. Submissions are at your own risk.
You agree that you have no expectation of any review, compensation, or consideration of any type in consideration with your User Content. Further, you agree that any User Content you make is not being made in confidence or trust and that no confidential or fiduciary relationship is created in any way.
Rules of Conduct
The following rules of conduct apply to this site (a) no defamatory or harassing, threatening or invading the privacy of another, (b) no hateful comments (c) no vulgar or sexual content (d) nothing that encourages illegal activity (e) nothing that violates the rights of a third party (f) no virus posting or other harmful behavior to tamper with the Site (g) nothing that does not pertain to the topic of the Site (h) no spam.
The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. You agree and understand that the Intellectual Property is the exclusive property of NMJM.
The copyright in all materials provided on the Site is owned by Us or our affiliate(s). Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Us. Site visitors may only view, copy, print, and download the materials on the Site for personal, noncommercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. We may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Copyright Policy and Copyright Agent
It is NMJM’s policy to respect the copyright and intellectual property rights of others. NMJM may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, NMJM may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, NMJM complies with the Digital Millennium Copyright Act.
If you believe that NMJM or any user of our Sites has infringed your copyright in any material way, please notify NMJM, and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material that you claim is infringing so that we may locate it on the Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
- a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to: firstname.lastname@example.org or by mail to:
8000 Sunset Blvd, Suite A301,
West Hollywood, CA 90046 U.S.A
Attn.: Chief Legal Officer
The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of Ours or our affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name NMJM or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of Us. We prohibit use of our name or any NMJM logo and Trademarks as a “hot” link to any site not this Site, unless establishment of such link is approved in advance by Us in writing. Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of Our rights in such information and materials. We will aggressively enforce its intellectual property rights to the fullest extent of the law.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
Site User Conduct
You must be 18 years of age or older to access our Site. There may be sections of the site which are for 21 and older and will not allow users under the age of 21 to access portions of the Site.
As a user of the Site, you agree that in connection with your use of the Site and the content you will not:
- Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
- Use the Site for any unlawful purpose;
- Upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, e-mail, or otherwise transmit any material that 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;
- Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
NMJM or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other web sites. Furthermore, by posting any information on our Site, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information.
Disclaimer of Warranty
The materials contained on the site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, or other violations of rights. We assume no liability or responsibility for any errors or omissions in the content of the site, that defects will be corrected, or that any NMJM Site or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any content contained on the site; any losses or damages arising from the use of the content provided on the sites; or any conduct by users of the site, either online or offline.
Limitation of Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NMJM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE SUBMISSION OF ANY MATERIAL THAT IS MADE KNOWN TO THE PUBLIC (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF NMJM OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NMJM WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The Site may provide links to other sites or resources. NMJM has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any NMJM Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any NMJM Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against NMJM with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither NMJM nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to MJMSHOW.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from NMJM.
The Sites are controlled, operated, and administered by NMJM inside the United States of America. NMJM makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States.
You and NMJM agree that “Dispute” includes all claims for any reason.
You and NMJM agree to arbitrate all Disputes between the parties ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
In the event of a Dispute, you or NMJM must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to NMJM must be addressed to: NMJM Show, LLC, 8000 Sunset Blvd, Suite A301, West Hollywood, CA 90046 U.S.A Attn.: Chief Legal Officer (the “NMJM Notice Address”) and an e-mail must be addressed to email@example.com. The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If NMJM and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or NMJM may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND NMJM AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in Los Angeles County, California.
(a)Initiation of Arbitration Proceeding. If either you or NMJM decide to arbitrate a Dispute, we agree to the following procedure:
(i)Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
(ii)Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
707 Wilshire Blvd
Los Angeles, CA 90017, U.S.A.
(iii)Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(b)Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by NMJM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or NMJM is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(c)Arbitration Fees. The filing party shall pay for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced pursuant to provisions of this Agreement. The loser shall pay the fees of the winner.
(d)Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Agreement by sending a written letter to the NMJM Notice Address within thirty (30) days of your assent to this Agreement (including the purchase of any Product or the use of the Sites) that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to arbitration.
Choice of Law
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Copyright and Trademark Notices
© 2018 NMJM SHOW, LLC. All rights reserved. The Next Marijuana Millionaire and the The Next Marijuana Millionaire Logo are in the process of becoming registered trademarks of NMJM SHOW, LLC.
If you’ve found a website that uses our trademark or logo or show inappropriately, we’d like to hear about it at firstname.lastname@example.org
© 2020 NMJM SHOW, LLC. All Rights Reserved.