Daily Dank Terms & Conditions

Please Read the Following Terms and Conditions Carefully

The dailydank.com Website and Newsletter (the “Website” or “Newsletter or” “dailydank.com”) is provided by DailyDank (“DailyDank”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by DailyDank.  By using this site, you are deemed to have agreed to these terms and conditions of use.  DailyDank may change the Terms and Conditions from time to time and at any time, and without actual notice to you.  All such changes to these Terms and Conditions will appear on dailydank.com.  By using this website and/or newsletter after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.

Age Restrictions

DailyDank.com is a website and newsletter run by medical marijuana patients for medical marijuana patients and is not to be used by minors or anyone under the age of 18. If you are under 18, please leave now.

Note: You must be a California Medical Marijuana Patient, as defined by Proposition 215 and CA SB420, to view certain material on DailyDank.com.  This material includes, but is not limited to: medical marijuana reviews, medical marijuana edible reviews and medical marijuana beverage reviews.  If you are not 18 years of age or do not meet these requirements, please leave now.

Disclaimer

All companies, headshops, pipes, wraps, uncategorized products, service providers and other entities referenced, reviewed or interviewed within DailyDank.com domain are intended for legal tobacco/smoking mixture use by adults (18 years or older) only.  Any other use of such products, by minors or for use with controlled substances is prohibited by and may constitute a violation of International, Federal, State, and/or Local laws.

By entering the site, you: (1) signify your assent to DailyDank.com Terms Of Service; (2) verify you are at least 18 years of age; (3) verify tobacco products, pipes, and smoking accessories are sold legally in your County/State/Country; (4) agree to use the products offered herein for legal and intended uses only; (5) verify you are not visiting with any malice towards DailyDank.com; (6) by entering this site you are observing any and all local laws & (7) irrevocably waive any and all liability resulting from the purchase and/or use of such products.  If you are under age 18 or do not agree, DO NOT USE OUR SERVICE.

U.S. SURGEON GENERAL’S WARNING: Smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy.

User Conduct

This Website and/or Newsletter and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes.  By using the Website and/or Newsletter and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form.  If any information provided by you is untrue, inaccurate, not current or incomplete, DailyDank reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

Without limitation of the foregoing, you agree to not use the Website and/or Newsletter or Services to:

= Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;

= “Stalk” another;

= Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

= Harm minors in any way;

= Impersonate any person or entity, including, but not limited to, a DailyDank official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

= Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website and/or Newsletter;

= Upload, post, publish, e-mail, reproduce, distribute 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 nondisclosure agreements);

= Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

= Upload, post, publish, e-mail, reproduce, distribute 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, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

= Act in a manner that negatively affects other users’ ability to engage in the Website and/or Newsletter or Services;

= Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website and/or Newsletter or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;

= Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

= Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Website and/or Newsletter or the Content posted by others on this Website and/or Newsletter or use such information for any purpose inconsistent with the purpose of this Website and/or Newsletter or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that DailyDank is not responsible for material submitted to DailyDank or posted to the Website and/or Newsletter by users.  DailyDank does not pre-screen, monitor, review or edit the Content posted by users.  However, DailyDank and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in DailyDank’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate.  DailyDank is not responsible for any failure, non-failure or delay in removing such Content.  You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to DailyDank.  You agree to immediately notify DailyDank of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that DailyDank may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms and Conditions; (3) respond to claims that any Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of DailyDank, its users or the public.

You understand that the technical processing and transmission of the Website and/or Newsletter, including your Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. DailyDank assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to dailydank.com.

Any or all Content on the Website and/or Newsletter may be purged periodically in DailyDank’s sole discretion.  You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content.  You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by DailyDank or submitted to DailyDank, including Content.  You further acknowledge and agree that the views expressed on the Website and/or Newsletter do not necessarily reflect the views of DailyDank, and DailyDank does not support or endorse Content (including any Contribution, whether or not edited by DailyDank or its designee or presented on the Website and/or Newsletter edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Mobile/Wireless Policy

In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence.  No more than two messages per day per SMS subscription will be sent.  All charges are billed by and payable to your mobile service provider.

We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator.  SMS message services are provided on an AS IS basis.

Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages.  We may use this information to contact you and to provide the services you request from us.  We will never share this information with a third party.

Restrictions on Use of Material

The content on this Website and/or Newsletter is intended for entertainment purposes only.  Except as expressly permitted, you agree not to use the Website and/or Newsletter for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website and/or Newsletter.  Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Website and/or Newsletter.  To seek our permission, you may write to us at our address provided below.  If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Website and/or Newsletter.

Unsolicited Materials

In operating this site, DailyDank does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website and/or Newsletter or DailyDank mail and e-mail addresses, or in any other way.  Any information or material submitted or sent to DailyDank, will be deemed not to be confidential or secret.  By submitting or sending information or other material to DailyDank you represent and warrant that the information is original to you and that no other party has any rights to the material.

User’s Grant of Limited License

By communicating with DailyDank, including submitting or sending Content, a Contribution or other information or material to dailydank.com, you grant DailyDank the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a DailyDank feature.  You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to DailyDank.

You also warrant that any “moral rights” in posted materials have been waived.

Linked Sites

You may be able to link to third parties’ Web Sites (“Linked Sites”) from the DailyDank Website and/or Newsletter.  Linked Sites are not, however, reviewed, controlled, or examined by DailyDank in any way and DailyDank is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.  These links do not imply DailyDank’s endorsement of or association with the Linked Sites.  It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon.  In no event shall DailyDank be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites.  You should direct any concerns to that site’s administrator or webmaster.  DailyDank reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or Newsletter and/or introduce different features or links to different users.

SPECIAL NOTICE: The linked sites may contain content and graphics that contain content and graphics that contain sexually explicit material unsuitable for minors, o that may otherwise be offensive.  If you enter these linked sites, you asser that you are of legal adult age in your jurisdiction to view such materials and that the viewing, reading, and/or downloading of content from these linked sites does not violate the community standards of your locality, city, town, county, state, province, country or other community to which you belong and/or from which you access these linked sites.

Permission must be granted by us for any type of link to dailydank.com.  To seek our permission, you may write to DailyDank.  We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website and/or Newsletter, at our discretion at any time.

Contests, Promotions, Simulations, or Games

From time to time, DailyDank may offer as part of the Services, either on or through the Website and/or Newsletter, contests, promotions, simulations or games (collectively, “Games”).  To participate in Games, players may be required to complete a registration form.  Upon submission, all registrations become the exclusive property of DailyDank. Registered users (each, a “Registered User”) are permitted only one account.  Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times.  DailyDank, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release DailyDank and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Website and/or Newsletter.  DailyDank is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User.  A Registered User who violates any of the rules or guidelines for behavior published on the Website and/or Newsletter, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration.  DailyDank is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Games may offer prizes to Registered Users.  All prizes are subject to the official game or contest rules published with that Game.

DailyDank reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

Intellectual Property Rights

All materials contained in this Website and/or Newsletter are the copyrighted property of DailyDank and its affiliates or licensors.  As between DailyDank and you, DailyDank is the sole owner of all content on the Website and/or Newsletter, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.  Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website and/or Newsletter or any portion thereof, for any purpose.  You may, however, print a copy of individual screens appearing as part of the Website and/or Newsletter solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.  All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Disclaimer of Warranties

This website and/or newsletter and services are provided “as is”, “where is” and “as available”, without warranty of any kind, either express or implied.  Without limitation of the foregoing, DailyDank specifically disclaims any and all warranties, including, but not limited to: 1-any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise the content of the website and/or newsletter or services; and 2-any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose.  This disclaimer of liability applies to any damages or injury caused by the website and/or newsletter, including without limitation as a result of 1-any error, omission, deletion or defect in the content, or 2-any failure of performance, error, omission, interruption, deletion, defect, delay in the operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action.  DailyDank does not warrant or guarantee 1-that any portion of the website and/or newsletter will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or 2-that access to the website and/or newsletter will be uninterrupted or error-free.

DailyDank does not warrant or make any representations regarding the use of the results of the use of materials in this website and/or newsletter.  You (and not DailyDank or any of its agents) assume the entire cost of all necessary servicing, repair or correction.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

In no event will DailyDank, its officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors or assigns, be liable to any party 1-for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the website and/or newsletter, even if DailyDank or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or 2-for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the website and/or newsletter.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, DailyDank’s liability shall be limited to the extent permitted by law.

Indemnification

Upon a request by DailyDank, you agree to defend, indemnify and hold DailyDank, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website and/or Newsletter or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you.  DailyDank reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DailyDank in asserting any available defense.

Copyrights and Copyright Agent

We respect the intellectual property rights of others, and require that the people who use the dailydank.com Website and/or Newsletter do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

= Your username, address, telephone number, and e-mail address;

= A description of the copyrighted work that you claim has been infringed;

= A description of where the alleged infringing material is located;

= A 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;

= An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.

Applicable Laws/Jurisdiction

You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions.  Please note that your use of the Website and/or Newsletter may be subject to other local, state, national, and international laws.  You expressly agree that exclusive jurisdiction for any claim or dispute with DailyDank or relating in any way to your use of the Website and/or Newsletter resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving DailyDank or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

We control and operate this site from our offices in California.  We do not represent that materials on the site are appropriate or available for use outside of California.  Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable

Provisions Unenforceable or Invalid

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.  DailyDank may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

If you have any questions about this policy or our site in general, please contact us.