End User License Agreement (EULA)
Last updated: June 20, 2023
EULA
End-User License Agreement (“Agreement”) — Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using Buzz Cannabis.
Interpretation and Definitions
Interpretation ————– The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions ———– For the purposes of this End-User License Agreement:
• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
• Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named Buzz Cannabis.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Buzz Cannabis, 7584 University Avenue, La Mesa CA 91942.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country refers to: California, United States.
• Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
• Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
• Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
• You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application. This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company. This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application. Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License —————- The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions. The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions ——————– You agree not to, and You will not permit others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
• Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
Content
Content Restrictions ——————– The Company is not responsible for the entries, information or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples include, but are not limited to: unlawful activity; defamatory or discriminatory content; spam or unauthorized solicitation; malware or harmful code; infringement of proprietary rights; impersonation; privacy violations; and false information or features. The Company may, at its sole discretion, determine compliance, refuse or remove Content, and limit or revoke use if objectionable Content is posted. You agree to use the Application at your own risk and that the Company will not be liable for any content-related loss or damage.
Intellectual Property
The Application, including all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company. The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent required by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company, which may use, copy, modify, publish, or redistribute the suggestions for any purpose without credit or compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application ————————– The Company may provide enhancements or improvements (including patches, bug fixes, updates, upgrades and other modifications) which may modify or delete features. The Company has no obligation to provide updates or continue any particular features. All updates are deemed part of the Application and subject to this Agreement.
Maintenance and Support ———————– The Company does not provide maintenance or support for the download and use of the Application. Where required by law, the Company—not the Application Store—shall furnish any such maintenance or support.
Third-Party Services
The Application may display or link to third-party content, websites or services. The Company is not responsible for any Third-party Services (including accuracy, legality, quality, or compliance) and assumes no liability to You or others for them. You must comply with applicable third-party terms. Use of Third-party Services and links is at your own risk.
Privacy Policy
The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: https://buzzcannabis.com/privacy.html. By accepting this Agreement, You agree and consent to the terms of Our Privacy Policy.
Term and Termination
This Agreement remains in effect until terminated by You or the Company. The Company may suspend or terminate this Agreement at any time, for any or no reason, with or without notice. It terminates immediately if You fail to comply with any provision. You may terminate by deleting the Application and all copies from your devices/computer. Upon termination, cease all use and delete all copies. Termination does not limit any rights or remedies for prior breaches.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, arising from your (a) use of the Application, (b) violation of this Agreement or any law/regulation, or (c) violation of any third-party right.
No Warranties
The Application is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind. To the maximum extent permitted by law, the Company disclaims all express, implied, statutory or other warranties, including merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, reliability, and error-free performance. Some jurisdictions do not allow certain exclusions or limitations; in such cases, this section applies to the greatest extent enforceable. To the extent any non-disclaimable warranty exists, the Company (not the Application Store) is solely responsible for it.
Limitation of Liability
The entire liability of the Company and its suppliers under any provision of this Agreement, and your exclusive remedy, is limited to the amount actually paid by You for or through the Application, or 100 USD if You have not purchased anything. To the maximum extent permitted by law, in no event will the Company or its suppliers be liable for any special, incidental, indirect or consequential damages (including lost profits, data loss, business interruption, personal injury, or privacy loss) arising from use of or inability to use the Application or related third-party software/hardware. Some jurisdictions do not allow such exclusions or limitations; in such cases, they apply to the greatest extent enforceable. You further agree the Application Store and its affiliates/licensors shall not be liable to You under any theory for any damages, including data loss.
Severability and Waiver
Severability ———— If any provision is held unenforceable or invalid, it will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law; the remaining provisions continue in full force.
Waiver —— Except as provided herein, failure to exercise a right or require performance does not affect a party’s ability to do so later, nor does a waiver of breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company (not the Application Store) is responsible for addressing such claims, which may include: (i) product liability, (ii) failure to conform to applicable legal/regulatory requirements, or (iii) consumer protection claims.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country subject to U.S. government embargo or designated as “terrorist supporting,” and (ii) You are not listed on any U.S. government list of prohibited or restricted parties.
Changes to this Agreement
The Company may modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to new terms taking effect. What constitutes a material change is determined at the Company’s sole discretion. By continuing to access or use the Application after revisions become effective, You agree to be bound by the revised terms. If You do not agree, You are no longer authorized to use the Application.
Governing Law
The laws of the Country, excluding its conflicts of law rules, govern this Agreement and your use of the Application. Your use may also be subject to other local, state, national, or international laws.
Entire Agreement
This Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements. You may be subject to additional terms when You use or purchase other Company services, which will be provided at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us:
• By email: info@buzzcannabis.com