Last updated February 3rd, 2018
This is a legally binding agreement between you and
The Site & MassCanRev’s Services
The Site and MassCanRev’s services function as
MassCanRev 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.
MassCanRev does not guarantee the quality of any Dispensary or any product or service offered in connection
MassCanRev’s Intellectual Property
MassCanRevs, Massachusetts Cannabis Review, and the MassCanRev logo design are trademarks or trade dress of MassCanRev and/or its related entities in the U.S. and other countries, whether or not federal registration has been pursued (“MassCanRev’s Trademarks”). MassCanRev’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 MassCanRevs-endorsed product or service. All other trademarks not owned by
MassCanRev that appear on the Site
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
Digital Millennium Copyright Act: MassCanRev respects the intellectual property rights of others. If you believe in good faith that materials hosted by MassCanRev 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 MassCanRev. 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 notice to our designated agent as follow:
Subject Title: Digital Millennium Copyright Act
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
- 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 MassCanRev 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 notice to our designated agent as follow:
Subject Title: DMCA Counter-Notification
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
MassCanRev’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 MASSCANREV’
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
andperformance, 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;
- c. your Materials are not (in all cases as determined by MassCanRev 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 MassCanRev’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;
- g. your Materials do not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by MassCanRev in its sole and absolute discretion.
- 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
MassCanRev,and do not represent the views of MassCanRev or of any affiliate or partner of MassCanRev.
MassCanRev does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
User Restrictions and Prohibited Content
MassCanRev’s Services and
Term & Termination
email@example.com with the subject title Termination.
The Site may contain links to third-party
In general, MassCanRev does not object to links to the Site from third-party
MassCanRev 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 MassCanRev’s written permission: (a) incorporate any of our content into your web site (e.g., by in-lining or framing); (b) use any of
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.
MassCanRev reserves the right but does not have the obligation to:
- d. in MassCanRev’s sole and absolute discretion, remove from the Site, or otherwise disable, all files and content that are excessive in size or are in
anywayburdensome to the Site’s systems; and
- e. otherwise manage the Site in a manner designed to protect the rights and property of MassCanRev 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”
MASSCANREV 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. MASSCANREV DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. MASSCANREV 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.