Last updated October 27, 2016

Wheres Weed Terms of Use

These terms and conditions ("Terms of Use") are presented by Layer Six Media, Inc. ("we," "us," or "Layer Six Media") and govern your use of the Layer Six Media website located at https://wheresweed.com/ (the "Site"). Please also see our privacy policy ("Privacy Policy"), located at https://wheresweed.com/privacy.php.

This is a legally binding agreement between you and Layer Six Media. Your use of the Site constitutes your acceptance of, and agreement to follow and be bound by, such policies and by these Terms of Use. Layer Six Media reserves the right, at any time, to modify, alter, or update the Site, all policies, and these Terms of Use. Each time you access the Site, you are agreeing to these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site.

By accessing, browsing, and/or using the Site, including all Materials made available on or accessed through the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws.

When you interact with us through the Site by sending us an email or other electronic communication, we interpret, and you agree, that such communication satisfies any requirement under the law that such communication is a legal writing. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Modifications

As we learn and grow, we may update our Terms of Use, so please check back often. These Terms of Use were last updated on or around the date provided above. All amended terms shall automatically be effective at the time and date they are initially posted on the Site.

We reserve the right to make changes to any terms at any time, however, we shall provide notification to you in advance of material changes becoming effective, such as by posting a notification on the Site or via e-mail. If you continue to access and/or use the Site after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms of Use as changed. The revised Terms of Use supersede all previous notices or statements regarding the Site. For this reason, we encourage you to review these Terms of Use any time you access or use the Site, and recommend that you print out a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Use and any other policies or agreements set forth or available on or through the Site.

The Site & Layer Six Media's Services

The Site and the Layer Six Media services function as a cannabis or medical cannabis dispensary locator service for medical patients and adult users in jurisdictions where medical and/or adult cannabis use is legally permissible. Layer Six Media provides locator services only. Layer Six Media is not a merchant of cannabis or cannabis products, or provider of any retail, pickup, or delivery services in connection therewith, and does not control the participating dispensaries or other businesses featured on the Site (the "Dispensary" or "Dispensaries") or the production of any cannabis of cannabis products, or any retail, pickup, or delivery services therewith.

Layer Six Media does not in any way verify the credentials or representations of any of the Dispensaries, the information provided by the Dispensaries on the Site, the quality of their products or services, or any Dispensaries. compliance with applicable laws.

Layer Six Media does not guarantee the quality of any Dispensary or any product or service offered in connection therewith, or any compliance thereof with applicable laws. Additionally, a Dispensary may represent certain standards with respect to their products such as "organic" or "sustainable;" Layer Six Media does not investigate or verify any such representations. Layer Six Media shall not be liable or responsible for any products or services offered by the Dispensaries or any errors or misrepresentations made by them (including on the Site).

Layer Six Media's Intellectual Property

LAYER SIX MEDIA, WHERE'S WEED, and the Where's Weed logo design are trademarks or trade dress of Layer Six Media and/or its related entities in the U.S. and other countries, whether or not federal registration has been pursued ("Layer Six Media's Trademarks"). Layer Six Media's Trademarks and trade dress may not be used without permission and may not be used in connection with any product or service that is not a Layer Six Media-endorsed product or service. All other trademarks not owned by Layer Six Media that appear on the Site are the property of their respective owners.

User Content

We may use all user content included in or made available through the Site, such as reviews, text, graphics, photographs, logos, images, audio clips, digital downloads, and data (collectively the "Materials") in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (.Other Media.). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use the Materials for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access the Materials in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Layer Six Media and its users any claims and assertions of moral rights or attribution with respect to the Materials. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of the Materials.

Digital Millennium Copyright Act: Layer Six Media respects the intellectual property rights of others. If you believe in good faith that materials hosted by Layer Six Media infringe your copyright (for example, materials posted by a user in connection with a review), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to Layer Six Media. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):

An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material)
Your address, telephone number, and email address;
A statement that the you have a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and
A statement, made under penalty of perjury, that the above information in the notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Please send this written notice to our designated agent as follow:
Layer Six Media, Inc.
36 South 18th Avenue
Brighton, CO 80601
Email: dmca-notices@wheresweed.com

DMCA Counter-Notification. If material that you have posted to the Site has been taken down, you may file a counter-notification that contains the following details:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Layer Six Media may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
Your physical or electronic signature.

Please send this written notice to our designated agent as follow:
Layer Six Media, Inc.
36 South 18th Avenue
Brighton, CO 80601
Email: dmca-notices@wheresweed.com
Subject Line: DMCA Communication

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.

Layer Six Media's DMCA Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section. ALL OTHER INQUIRIES DIRECTED TO LAYER SIX MEDIA'S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.

Your Postings on the Site

The Site allows users to interact with other users by uploading Materials to the Site. You are entirely responsible for the content of, and any harm resulting from, your use of and uploading of your Materials. When you publish or post a Materials, you thereby represent and warrant that:

a. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Materials does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
b. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Layer Six Media and the Site, and all other uses thereof, to use your Materials as necessary to exercise the licenses granted by you under these Terms of Use;
c. your Materials are not (in all cases as determined by Layer Six Media in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, discriminatory, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
d. your Materials do not constitute, contain, install or attempt to install or promote or otherwise contain any viruses, worms, Trojan horses, malicious code, spyware, malware, or other or any other computer code or harmful or destructive content, whether on Layer Six Media's or others. computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
e. your Materials do not inundate the Site with communications or other traffic suggesting no serious intent to use the Site for its stated purpose;
f. your Materials do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation; and
g. your Materials do not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Layer Six Media in its sole and absolute discretion.

Layer Six Media has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms of Use. Layer Six Media may accept, reject, or remove any Contributions, including Dispensary reviews, in its sole and absolute discretion, but Layer Six Media has absolutely no obligation to screen or delete Contributions under any circumstances. If you are posting a review of a Dispensary, your review must comply with the following criteria:

a. you should have firsthand experience with the Dispensary;
b. you are not an owner or employee of the dispensary, or affiliated with any competitors of the Dispensary;
c. you will not make any conclusions as to the legality of the Dispensary's products, services, or conduct; and
d. your review must comply with the other Materials representations, warranties, covenants, and other agreements in these Terms of Use. Reviews are not endorsed by Layer Six Media, and do not represent the views of Layer Six Media or of any affiliate or partner of Layer Six Media. Layer Six Media does not assume liability for any review or for any claims, liabilities or losses resulting from any review.

User Restrictions and Prohibited Content

These Terms of Use shall remain in full force and effect while you use the Site or the Layer Six Media Services. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site and Layer Six Media's Services and deleting your account and/or your Materials. Registered users may voluntarily terminate their own accounts at any time by submitting an email requesting such action to termination@wheresweed.com.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, LAYER SIX MEDIA RESERVES THE RIGHT TO, IN LAYER SIX MEDIA'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION, AND LAYER SIX MEDIA MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN LAYER SIX MEDIA'S SOLE AND ABSOLUTE DISCRETION.

Any provisions of these Terms of Use that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms of Use, shall be deemed to survive for as long as necessary to fulfill such purposes.

Term & Termination

Links

The Site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Layer Six Media of the content, materials, or information available on such third party web sites. Layer Six Media is not responsible for the content, materials, or information available on linked third party sites and does not make any warranty or representation regarding same. Nor does Layer Six Media make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content, materials or information appearing thereon or any of the products or services described thereon. Links do not imply that Layer Six Media endorses, is affiliated or associated with, the linked-third-party site. If you decide to access linked third party web sites, you do so at your own risk.

In general, Layer Six Media does not object to links to the Site from third-party web sites. Unless Layer Six Media has a written agreement with you, you may not use any of Layer Six Media's trademarks, service marks, or trade names in or with your links. You may not present the link to the Site in any way that suggests Layer Six Media has any relationship or affiliation with your web site or endorses, sponsors, or recommends the information, products or services on your site, unless you have a specific written agreement with Layer Six Media to do so. You may link to the Site using the plain text name of the Site. Link only to the home page of the Site. Do not, without Layer Six Media's written permission: (a) incorporate any of our content into your web site (e.g., by in-lining or framing); (b) use any of Layer Six Media's trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Layer Six Media or the Site in any "metatag". Layer Six Media will not tolerate links from any web site that may adversely affect the name, reputation and/or goodwill of Layer Six Media. Layer Six Media reserves the right to terminate permission to link to the Site at any time, for any reason.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Site, about any of our products or services, or for such other purposes as we deem appropriate. If you do not want to receive email from us in the future, you may opt out by following the unsubscribe instructions contained in the email you receive.

Site Management

Layer Six Media reserves the right but does not have the obligation to:

a. monitor the Site for violations of these Terms of Use;
b. take appropriate legal action against anyone who, in Layer Six Media's sole and absolute discretion, violates these Terms of Use, including without limitation, reporting such person to law enforcement authorities;
c. in Layer Six Media's sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate these Terms of Use or any applicable policy of Layer Six Media and/or the Site;
d. in Layer Six Media's sole and absolute discretion, remove from the Site, or otherwise disable, all files and content that are excessive in size or are in anyway burdensome to the Site's systems; and
e. otherwise manage the Site in a manner designed to protect the rights and property of Layer Six Media and others and to facilitate the proper functioning of the Site.

Limitation of Liability

Your use of the Site is solely at your own risk. The Site and all content and information contained therein is offered "as is" and on an "as available" basis, unless otherwise specified in writing. Layer Six Media makes no representations or warranties of any kind, express or implied, as to the operation of the Site.

LAYER SIX MEDIA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE PROHIBITED UNDER THE LAW. LAYER SIX MEDIA DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. LAYER SIX MEDIA IS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ANY THIRD PARTY USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Depending upon the state in which you reside, some of the foregoing may not apply to you.

Notice for California Users

Under California Civil Code Section 1789.3, California Sites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Indemnity

You agree to defend, indemnify, and hold harmless Layer Six Media, its directors, shareholders, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or any portion thereof, your breach of these Terms of Use and/or violation of any applicable laws.

Applicable Law

By using the Site, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Layer Six Media.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Layer Six Media relating to the subject matter addressed herein. The Site is operated by Layer Six Media, which is located in the State of Colorado, United States of America. Layer Six Media makes no claims that the content, materials displayed, distributed, made available or accessed through the Site, are appropriate or may be downloaded outside of the United States. Access to the Site and/or such Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the State of Colorado. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Layer Six Media with respect to the use of the Site. These Terms of Use and any related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Layer Six Media without restriction.