Last revised on December 14, 2020
Welcome to CannaMates, operated by Boujee Inc. (“us,” “we,” the “Company” or “CannaMates”).
We reserve the right to make changes to this Agreement and to the Service. We may do this for a variety of reasons including but not limited to add value, features, change of business structure, requirements in regards to the law. The most recent version of this Agreement will be posted on the CannaMates.com website, and you should check regularly for the most recent version. The most recent version is applicable from the period it is changed. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service site, application, or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that the current Agreement shall supersede any other prior agreements (except as specifically stated herein), and shall govern your entire relationship with CannaMates, including but not limited to all use, events, agreements, and conduct preceding your acceptance of this Agreement.
You must be at least 21 years of age to create an account on CannaMates and use the Service. By creating an account and using the Service, you agree and authorize that:
- you can form a binding contract with CannaMates,
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you will adhere to and act in accordance with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
3. Your Account.
You are solely responsible for maintaining the privacy and confidentiality of your login credentials and profile when you use to sign up for CannaMates, and you are solely responsible for all activities that occur under those credentials. If you think someone has accessed your account without permission, please contact us immediately.
4. Service and Termination Modification.
CannaMates is always working to improve the Service and bring you additional value that you will find engaging and useful. This means we may add enhanced or additional features or remove some features, and if these actions do not affect your rights or obligations, we may not provide you with notice before taking them. We may even discontinue or temporarily defer the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by stopping your monthly fee through Paypal, following their instructions.
CannaMates may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and CannaMates: Section 4, Section 5, and Sections 12 through 19.
5. Safety; Your Association and Interplay with Other Members.
You are soleley responsible for your interactions with other members.
CannaMates makes no representations or warranties as to the conduct of members.
You understand that CannaMates does not conduct unwarranted criminal background checks on its members or otherwise inquire into the background of its member,
however, CannaMates does reserve the right to conduct any criminal background check or other screening, (i.e. sex offender register searches, at any time using available public records obtained in any available fashion, and you agree that any ionformation you provide may be used for that purpose.
CannaMates is not responsible for the conduct of any member on or off of the Service and highly encourages a well mannered and polite member discourse through its features. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information, (for example, your credit card or bank account information), or wire or otherwise send money, to other members. You agree that if this term is ignored, that you do not hold CannaMates responsible for any negative outcomes from any and all agreements made between you and any member or their relations from these transactions now or in the future.
6. Rights CannaMates Grants You.
CannaMates grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub-licensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by CannaMates and permitted by this Agreement. You therefore agree to not:
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- express or imply that any statements you make are endorsed by CannaMates.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, including but not limited to images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without CannaMates’s prior written consent.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without CannaMates’s prior written authorization.
- use meta tags or code or other devices containing any reference to CannaMates or the Service (or any trademark, trade name, service mark, logo or slogan of CannaMates) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.
- use, access, or publish the CannaMates application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
CannaMates may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant CannaMates.
By creating an account, you grant to CannaMates a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you provide, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). CannaMates’s license to your Content shall be non-exclusive, except that CannaMates’s license shall be exclusive with respect to derivative works created through use of the Service. For example, CannaMates would have exclusive license to screenshots of the Service that include your Content. In addition, so that CannaMates can prevent the use of your Content outside of the Service, CannaMates is hereby authorized by you to act on your behalf of infringement on uses of your Content expressly taken from the Service by third parties or members. This includes the authority, (but not the obligation), to send out notices pursuant to 17 U.S.C. § 512(c)(3) of the Copyright Reform Act on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other CannaMates members).
You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to CannaMates above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer service representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our employees at any time is offensive or threatening, we reserve the right to immediately terminate your account.
In consideration for CannaMates allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By giving suggestions or feedback to CannaMates regarding our Service, you agree that CannaMates may use and share such feedback for any purpose without compensating you.
You agree that CannaMates may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules.
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal, harmful, nefarious, or prohibited by this Agreement.
- use the Service in order to damage or defame CannaMates.
- spam, solicit money from or defraud any members.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that could be considered threatening, hate speech, or pornographic; incites violence; or contains nudity or contains graphic or gratuitous violence.
- post any Content that promotes racism or bigotry,
- post any Content that promotes physical or emotional harm or hatred of any kind against any group or individual.
- requests passwords for any purpose,
- requests personal identifying information for commercial or unlawful purposes from other users or distribute another person’s personal information without his or her permission.
- use another user’s account, share an account with another user
- create another account or recreate your account if we have already terminated your account without our written permission.
CannaMates reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that CannaMates regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
9. Other Members’ Content.
Although CannaMates reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and CannaMates cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it via the email address: email@example.com.
Generally. CannaMates may offer products and services for purchase (“in app purchases”) through Paypal or other payment platforms authorized by CannaMates. If you choose to make a purchase, you may be asked to confirm your purchase with the payment provider, and your method of payment will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be necessary on your payments, and you authorize CannaMates or the third party account, as applicable, to charge you.
Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to access your third party account (or Account Settings on CannaMates) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the CannaMates application from your device. Deleting your account on CannaMates or deleting the CannaMates application from your device does not cancel your subscription; CannaMates will retain all funds charged to your Payment Method until you cancel your subscription on CannaMates or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay CannaMates directly with your Payment Method. If you pay CannaMates directly, CannaMates may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, CannaMates may terminate your account immediately in its sole discretion.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Virtual Items. From time to time, you may be able to purchase, a limited, personal, non-transferable, non-sub-licensable, revocable license to use “virtual items,” (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when CannaMates ceases providing the Service or your account is otherwise closed or terminated. CannaMates, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. CannaMates may manage, regulate, control, modify or eliminate Virtual Items at any time. CannaMates shall have no liability to you or any third party in the event that CannaMates exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT CannaMates IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of CannaMates) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund:
To request a refund, please contact us via email at: firstname.lastname@example.org. Please also include the email address or mobile number associated with your account along with your order number.
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Notice of claims of copyright infringement should be provided us via email to email@example.com
CannaMates will terminate the accounts of repeat infringers.
CannaMates PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CannaMates DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
CannaMates TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
CannaMates DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.
13. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. CannaMates is not responsible or liable for such third parties’ terms or actions, nor is it responsible for the availability (or lack of availability) of such external websites or resources.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CannaMates, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS` OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF CannaMates HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CannaMates’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO CannaMates DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST CannaMates, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.