EFFECTIVE DATE: 7.11.17
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.
The Services are exclusively for those 21 years of age or older. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. We do not intend that the Services be used by anyone under 18 years old. If we learn or have reason to suspect that a user is under 21 years of age, we will promptly delete that person’s account and any personally identifiable information in that user’s account.
THE SERVICE IS A PLATFORM FOR MATCHMAKING AND IS NOT A PARTY TO AGREEMENTS BETWEEN USERS
The Service is provided to you solely as a platform to facilitate matching different types of users. For example, the platform can help match individual consumer users to dispensaries based on the preferences that an individual consumer user inputs into the Service and the goods and services offered by a dispensary user. As another example, dispensary users can identify industry personnel users, such as cultivators, who can supply the goods and services that the dispensary is seeking.
When you connect to other users or third parties through the Service, you and the other user or third party may choose to enter into a transaction, agreement, or other relationship (such as a purchase of a good or service). You are solely responsible for compliance with any agreement between you and other users or third parties, and you agree that we are not a party to any such agreement between you and other users or third parties, and we do not assume any responsibility for compliance with the terms of such agreement or any harm that arises based on goods, services, or other actions provided by or originating from any user or third party.
YOU ARE RESPONSIBLE FOR THE ACCURACY OF ALL INFORMATION YOU PROVIDE
As part of the core functions of the Service, you will have the opportunity to provide various information and content as part of your profile and as part of the Service, including, for example: photos and videos, biographical and contact information, information about your preferred goods and service, information about the goods and services you offer, or in which you specialize, and details about those goods and services, as well as other information. You represent and warrant that all information and content that you provide as part of the Service is complete, accurate, and true, and will not cause harm to other users or third parties. You further agree to update all such information and content as necessary to keep it complete and accurate. Further, you agree that we assume no responsibility for the information or content provided by you or other users and assume no responsibility for any harm that is caused based on the inaccuracy of any information or content provided by you or other users.
YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS
You represent, warrant, and agree that all goods and services, and your use of the Service, is in strict compliance with applicable law, and further that you will always abide by all laws, rules, regulations, and agreements that may apply to you that are, in any way, related to the Service. We assume no responsibility for your compliance with any law, rule, regulation, or agreement. We reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
YOU ASSUME ALL RISK ASSOCIATED WITH YOUR ART PRACTICES
The use, sale, trade, and production of art, and any other practices related to art, carry inherent risks, which may include but are not limited to: physical and mental health risks, safety risks, risk of criminal or civil liability, and others. You understand and agree that you understand these risks, and that you assume all risks associated with your practices involving art, and/or with any activities you engage in that are related in any way to the Service.
WE ARE NOT RESPONSIBLE FOR GOODS OR SERVICES OFFERED THROUGH THE SERVICE
While the Service provides the opportunity for users to obtain goods and services from other users and/or third parties, and for users to offer such goods and services, we assume no responsibility whatsoever for such goods and services. Specifically, we do not make any warranties about, nor do we endorse, any goods or services offered through the Service, nor do we corroborate the accuracy or truth of any claims made by users or third parties through the Service.
ACCOUNTS & YOUR INFORMATION
PAYMENTS & SERVICE FEES
As part of the Service, you may have the opportunity to provide reviews of other users or to be reviewed by other users. You acknowledge and agree that such reviews will be included on your public profile and will be available to the Art Hub of Santa Fe community and may be available to the general public. You acknowledge and agree that you will not be able to delete, modify, or hide a review left by a user. Further, you acknowledge and agree that you may not provide any form of compensation or remuneration to another user in exchange for a favorable review. Finally, you acknowledge and agree that all reviews of other users that you submit through the Service will be truthful and accurate and will not be provided in exchange for any for of compensation or remuneration.
BLOG IS INFORMATIONAL ONLY
As part of the Services, we may maintain a blog and other information on or through the Service. The material posted on the blog, or elsewhere as part of the Service, is strictly for informational purposes and shall not be construed or relied upon as professional advice of any kind including, but not limited to, medical, legal, tax, or other professional advice.
INFORMATION YOU PROVIDE TO US
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or terminate the account of any user who is found to have infringed on the intellectual property rights of users, third parties, or us, or otherwise is found to have violated any intellectual property laws. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Services, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to our designated agent at:
Art Hub of Santa Fe, LLC
place address here
place phone number here
YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY
Although you may provide information as part of your use of the Services, you agree to be respectful of others’ intellectual property rights. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated from your account.
THIRD PARTY SITES AND SERVICES
Our Service may be integrated with services provided by third parties as part of the functionality of the Service including, but not limited to, third party payment processors and others. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way.
PROPER USE OF THE SERVICES
You shall not violate or attempt to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service.
In addition, you may not export, compile, or otherwise attempt to access any data, information, or trade secrets about or related to users except such data or information that is made available to you as an intended part of the Service. For example, a dispensary user may not attempt to export aggregated contact information of individual consumer users, but it may export the reports and analytics made available to it as part of a marketing campaign undertaken by the dispensary as that is an intended aspect of the Service.
INAPPROPRIATE CONTENT PROHIBITED
You agree not to post or make available any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post inappropriate content, we may remove such content from our servers, and we may suspend or terminate your Account.
OUR INTELLECTUAL PROPERTY
The software, including all files and images contained in the Service, and accompanying data, as well as all data provided by users and/or collected by us through the Service (such as information about our users, including lists and data about users) (collectively “Our IP”) are the property of Art Hub of Santa Fe. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without our permission. This Section does not apply to any component of Our IP that may be offered under an open source license.
DISCLAIMER OF WARRANTIES; “AS IS”
WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICE; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED BY OTHER USERS OR THIRD PARTIES THROUGH THE SERVICE; ANY HARM OR DAMAGE CAUSED BY YOUR USE, CONSUMPTION, SALE, TRADE, OR PRODUCTION OF CANNABIS, AND ANY OTHER PRACTICES RELATED TO CANNABIS; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY GOODS OR SERVICES OFFERED THROUGH THE SERVICE BY OTHER USERS OR THIRD PARTIES; ANY VIOLATIONS OF, OR NONCOMPLIANCE WITH, ANY AGREEMENTS BETWEEN YOU AND OTHER USERS OR THIRD PARTIES; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event that someone brings a claim against us related to your actions, content, information, or any other use of the Service by you, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
GOVERNING LAW, VENUE, & PERSONAL JURISDICTION
These Terms shall be governed by the laws of the State of New Mexico, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of the County of Santa Fe, New Mexico. Both you and we consent to venue and personal jurisdiction there.
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
CHANGES TO THESE TERMS
Art Hub of Santa Fe reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. Art Hub of Santa Fe will always have the latest Terms posted on the Service.
HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
EFFECTIVE DATE: 9.1.16
PURPOSE OF POLICY
INFORMATION WE COLLECT AND HOW WE USE IT
Required Information You Voluntarily Provide Us.
In order to sign up for an account through the Service, you will be required to provide us with various information that is, or may be, considered personally identifiable information, including the following:
For individual consumers and budtenders: username, state, city, gender, date of birth, and email address.
For industry personnel: username, state, city, and email address.
For dispensaries: name, state, city, phone number, address, and email address.
We use this information for the purpose of providing you with the core aspects of the Service. The username that you provide on signup can be a pseudonym or it can be your real name. But please note that if you use your real name, then it may be available to others as described in this Policy.
Optional Information You Voluntarily Provide Us.
In addition to the required info that you provide us to create an account, there are various pieces of information you can choose to provide us through the Service. This information is, or may be, considered personally identifiable information, including the following:
For individual consumers: geolocation, IP address, phone number, information about you that you include in your profile, photos, videos, information about your preferred goods and services, as well as other information.
For budtenders: information about you that you include in your profile, photos, videos, information about the goods and services you provide and details about those goods and services, as well as other information.
For industry personnel: information about you that you include in your profile, phone number, address, website, photos, videos, information about the goods and services you produce or in which you specialize and details about those goods and services, and other information.
For dispensaries: information about the dispensary that you include in your profile, mobile phone number, website, photos, videos, information about the goods and services you provide and details about those goods and services, as well as other information.
We may also collect and store communications that occur through the Service or outside of the Service between you and Art Hub of Santa Fe, and communications that occur through the Service between you and other users of the Service.
We use this information for the purpose of providing you with the Service’s expanded functionality. While the information described here is not required to use the Service, some aspects of the Service may not be available if you choose not to provide us with such information.
Information Collected Automatically As You Use The Service.
In addition to the information that you provide to use voluntarily, we collect information automatically through the Service, such as how you use and interact with the Service, data on activities that you pursue through the Service, and other similar activities.
Other Anonymous Data We Collect.
Do Not Track Signals.
We do not track you or collect your information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of our Services.
HOW WE SHARE YOUR INFORMATION
Information Shared Automatically Among Users To Provide The Service.
The Service is fundamentally a matchmaking service to connect various constituents in the cannabis industry to each other, but the Service allows you to control privacy settings to decide the information that you would like to share with others and the information you would like to remain private. To provide the matchmaking Service effectively, we share the various information that we collect with other users of the Service (based on your privacy settings). For example, the preferences that an individual consumer user inputs into the Service will be shared with dispensary users so that the dispensary can provide the individual with information about the goods and services available that match the individual’s preferences. As another example, dispensary users can identify industry personnel users, such as cultivators, who can supply the goods and services that the dispensary is seeking. As demonstrated above, a key aspect of our matchmaking Service is to allow users (such as dispensary users or budtenders) to access individual consumer users’ information to provide targeted advertising and offerings, which may come in various forms (such as through push notifications, emails, or other communications). To the extent that you do not want to share information with other users through the Service, you should not provide such information, or you should delete such information from your account, or you should utilize your privacy settings to specify the information that you do not want to share.
Information Shared By You Through The Service.
Additionally, you can choose to voluntarily share information collected through the Service to other users, to public forums, to social media channels, and others. For example, individual consumer users can use the Service to share cannabis preferences and their favorite dispensaries in order to find like-minded users or to communicate with dispensaries directly.
Aggregated & Anonymous Information Shared With Third Parties.
An additional functionality of the Service is for us to host advertisements by third parties who are not users of the Service so that users can receive offers for goods or services that match the user’s preferences and patterns of use of the Service. For this functionality, we provide the third parties with anonymous and aggregated information about users so that the third party can measure the effectiveness of promoting their goods and services on the Service. However, we do not disclose personally identifiable information to such third parties through the Service. You may choose to do so by interacting with such third parties, but that is not part of the Service.
Our Personnel And Vendors.
To be able to effectively provide you with the Service, and to improve the functionality of the Service, we may disclose your information to our employees, contractors, agents, vendors, and other similar persons or entities, to the extent that such persons or entities have a need-to-know such information in furtherance of the Service.
Sale of Company or Assets.
In the event that we sell all or substantially all of our company or its assets, including the user information collected through our Service, we will notify you before transferring your information to the acquiring company.
Other Third Parties.
In addition to our practices described above, we may share your information if we have a good-faith belief that such action is necessary to (1) comply with the law (see the section below on “Government Requests”), (2) protect and defend the rights or property of Art Hub of Santa Fe, or (3) prevent an emergency involving danger of death or serious physical injury to any person.
STORING YOUR INFORMATION
Storage and Retention Of Your Information.
We understand that the information you provide us is important to you. As such, we will only store your personally identifiable information for as long as you have an account and will delete your personally identifiable information when you delete your account or when you delete specific pieces of information from your account, or as long as necessary to comply with applicable law. However, to continue to provide an effective service, we may store non-personally identifiable information perpetually and may anonymize your personally identifiable information and store that anonymized information perpetually. It is important to note that if you delete the Service from your device without deleting your account or the information in your account through the Service, we may not know that the Service has been deleted and we will continue to store your information as if you were an active user. Additionally, we use third party services to store your information and do not control their practices related to storage and retention of your information.
We use reasonable efforts to secure your information and to attempt to prevent the loss, misuse, and alteration of the information that we obtain from you. For example, we provide training on privacy issues to our personnel; we require our personnel and third party vendors to sign confidentiality agreements that extend to your personal information; we review the privacy practices of new products and services that we integrate into our Service; and we restrict access to your personal information to individuals within and outside of Art Hub of Santa Fe who need access to such information to provide the Service. In addition, we use reasonable technical safeguards such as https and ssl encryption, and online secured private access, to secure your personal information. However, loss, misuse, and alteration may occur despite our efforts to protect your information. We are not responsible to our users or to any third party due to any such loss, misuse, or alteration.
From time to time, we may receive requests from government agencies to obtain information about our users. In handling such government requests, we greatly value the privacy of your information. While we may be required to turn over user information at times, we will use reasonable efforts to require a search warrant before we turn over information about you and will use reasonable efforts notify users when we receive government requests about their data.
THIRD PARTY SERVICES AND PRACTICES ARE BEYOND OUR CONTROL
As described throughout this Policy, our Service utilizes numerous third party services as part of the functionality of the Services and other users may have access to your information through the Services. Additionally, we use a third party payment processing service, such that we do not receive any financial information about you. We have no control over any third parties or how users ultimately use your information that is available through the Service. Thus, we make no guarantees about, and assume no responsibility for, the information, services, or data/privacy practices of third parties or other users.
CHANGES TO THIS POLICY
Art Hub of Santa Fe reserves the right to change this Policy from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Policy. Art Hub of Santa Fe will always have the latest Policy posted on the Service.
PLEASE REACH OUT TO US WITH ANY QUESTIONS OR FEEDBACK