CALIFORNIA PRIVACY RIGHTS
The following disclosures are intended to provide additional information about (1) the categories of Personal Information we collect (as defined above), (2) the source of the Personal Information, (3) how we use each category of Personal Information, and (4) how we disclose Personal Information. These disclosures do not limit our ability to use or disclose information as described above.
|Category of Personal Information||Sources of Personal Information||Use of Personal Information||Disclosure of Personal Information|
|Social Information||We may collect Social Information from you when you interact with our Social Media Pages.||We may use Social Information to perform dianostics to fullfill quality assuarance tests and to communicate with you for support issues.||We do not collect or sell any of your personal data. We do not track you when you leave our platform or when you close our apps.|
|Communication Information||We collect Communication Information directly from you to fullfill your profile and features you choose to use.||We use Communication Information for providing our Services and responding to you.||We do not disclose Communication Information to any third party.|
|Technical Information||We collect Technical Information from you.||We use Technical Information for analytics and in some cases, for moderation and prevention of fraud and malicious activity to secure our platfrom from fraud, cyber attacks and facilitate reports of abuse by users of our Services.||We do not disclose Technical Information any third parties.|
California Privacy Rights
To the extent provided for by law and subject to applicable exceptions, California residents have the following privacy rights in relation to the Personal Information we collect:
The right to know what Personal Information we have collected and how we have used and disclosed that Personal Information;
The right to request deletion of your Personal Information; and
The right to be free from discrimination relating to the exercise of any of your privacy rights.
We do not and will not sell your Personal Information.
Exercising Your Rights: California residents can exercise the above privacy rights by emailing us at: email@example.com
Verification: in order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information and proof of residency for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.
Authorized Agents: you may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity and submit proof of your residency with us.
A Copy of Your Data: You can download a copy of your data in portable format at anytime from your profile account settings, from a browser.
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
By using our Service, you understand and acknowledge that your Personal Information will be transferred from your location to our facilities and servers in the United States.
If you choose not to provide Personal Information that is needed to use some features of our Service, you may be unable to use those features.
Agreement between User and OneSocial.live
All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you” and “your” refer to you, a user of our Site and/or Services.
User Generated Content
One Social Network allows members to store and share user generated content. Members grant One Social the right to process this content in accordance with the privacy settings set by the member. However, One Social does not claim ownership of this content and members must ensure that they do not post any fraudulent, malicious, or illegal content. One Social has reporting tools to report any illegal content for review.
Acceptable Use Clause
One Social is a platform and apps dedicated to helping grow a community of individuals who strive for self-improvement, wellness, consciousness, and spirituality. We aim to create a safe and inclusive community where everyone has the right to express themselves without censorship.
As a member of One Social, you are expected to use the platform in a responsible and ethical manner and with best efforts to respect our code of ethics. This includes:
- Upholding the universal natural laws that govern our rights for our individual liberties and freedoms over our minds, consciousness, and bodies.
- Observing informed consent and ensuring full transparency in any technology or action that has the potential to influence, intrude upon, or disrupt the normal processing of the mind or compromise physical integrity.
- Promoting acceptance and respect for all human dignity, regardless of race, gender, sexual orientation, religion, or beliefs.
- Contributing to the overall positive impact on society and promoting peace, fairness, and morality for all individuals.
- Abstaining from any actions that could be harmful to other members or the community as a whole, including, but not limited to, posting illegal, fraudulent, malicious, or inappropriate content, hacking, posting viruses, using spam, scraping data, reverse engineering code, or any other activities that may cause disruption to our services or other members.
Members are not allowed to hack, post viruses, use spam, scrape data, reverse engineer code or engage in any other activity that may cause disruption to our services or other members.
One Social is not suitable for children under the age of 16. If you are under 16, we ask that you do not use our site or apps or give us your personal information. If you are between the ages of 16 and 18, you may browse the Sites but you will need the supervision of a parent or guardian to become a registered user. It is the responsibility of parents or guardians to monitor their children’s use of our community.
Modification of TOS
One Social Network reserves the right to modify these TOS at any time and your continued use of the One Social Network constitutes acceptance of these modifications.
Definitions of Terms
User-Generated Content: One Social allows its users to upload, post, and share content, including but not limited to text, photos, videos, and audio recordings (collectively referred to as “User-Generated Content”). By using our platform, you grant us the right to store and process this User-Generated Content to facilitate its sharing based on your privacy settings. You acknowledge that One Social does not own your User-Generated Content and that you retain all rights to your User-Generated Content.
Content Restrictions: You agree to not post any fraudulent, malicious, or illegal content on our platform. This includes but is not limited to content that infringes on the intellectual property rights of others, defames individuals, or is in violation of any applicable laws. In the event that any such content is reported to us, we will take appropriate action, including but not limited to removing the content and disabling the user’s account.
Reporting Tools: One Social provides reporting tools for users to report any User-Generated Content that they believe to be illegal. Upon receipt of a report, we will review the content and take appropriate action.
Prohibited Activities: You agree not to engage in any activities that may cause disruption to our platform or other users. This includes but is not limited to hacking, posting viruses, using spam, scraping data, reverse engineering code, or any other activities that may cause harm to our platform or users.
1. TERMS FOR HEALTH RELATED AND PLANT BASED HERBAL PRODUCTS CONTENT: The following terms outline our acceptable use for posting of content related to health products, natural plant based medicines, including cannabis and herbal nutritional products.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. If you are using the site or services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity or organization with the authority to bind it to this agreement.
1.1 IMPORTANT DISCLAIMERS. ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY OneSocial.live ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. OneSocial.live DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS (EACH AS DEFINED BELOW). OneSocial.live IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY CONTENT CREATOR, DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, OR OTHER USERS OF THE SITE OR SERVICES. OneSocial.live IS A PUBLIC FORUM AND NOT OBLIGATED TO SCREEN BUSINESS WHOM CREATE PAGES ON OUR PLATFORM, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.
1.2 OneSocial.live DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF OneSocial.live SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND OneSocial.live-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA ONE SOCIAL BUSINESS PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON OneSocial.live’s SOCIAL MEDIA PAGES AND CHANNELS.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 8 AND 9 OR ELSEWHERE IN THIS AGREEMENT.
2. Eligibility and Accounts.
2.1 Eligibility. If you are under the age of eighteen (18), then you are not permitted to register as a user, create a Profile Page (defined below) or otherwise use the Service or submit personal information to us.
2.3 Account Responsibilities. You are responsible for maintaining the confidentiality of your OneSocial.live Account login information, including but not limited to the restriction of access to your computer and/or account and are fully responsible for all activities that occur under your OneSocial.live Account. You are also responsible for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You agree to immediately notify OneSocial.live of any unauthorized use, or suspected unauthorized use, of your OneSocial.live Account or any other breach of security. OneSocial.live cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Website and Mobile Apps
3.1 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by OneSocial.live or OneSocial.live’s licensors. All right, title, and interest in and to the Content available via the Service is the property of OneSocial.live or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. OneSocial.live/ JAYNE, LLC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. OneSocial.live and its suppliers reserve all rights not granted in this Agreement.
3.2 License. Subject to the terms of this Agreement, OneSocial.live grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, noncommercial use. Subject to the terms of this Agreement, OneSocial.live grants you a non-transferable, non-exclusive license to install and use the software OneSocial.live makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.
3.3 The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
3.4 Modification. OneSocial.live reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that OneSocial.live will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.5 App Platforms. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App, e.g., the Apple App Store® or the Google Play® Store (“App Platform”). You acknowledge that this Agreement is between you and OneSocial.live and not with the App Platform. OneSocial.live, not the App Platform, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement. See Accessing and Downloading the Application from Apple® for additional terms and conditions if you access or download the Mobile App from the Apple App Store.
4. User Content
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, photos, videos, user reviews and/or postings. You acknowledge and agree that OneSocial.live is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. OneSocial.live does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
4.2 User Content – Restrictions. You agree not to use the Site, Services, or any of OneSocial.live’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates Federal and/or any State Laws Including the promotion and distribution of any illicit drugs or narcotics including legal drugs, tobacco products, vaping products or alcohol; (b) or any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (c) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
4.3 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by OneSocial.live. Because you alone are responsible for your User Content (and not OneSocial.live), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. OneSocial.live is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.
4.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to OneSocial.live an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Content in the Site on your profile pages and channels and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content that you post to our platforms.
4.5 Feedback. If you provide OneSocial.live any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to OneSocial.live all rights in the Feedback and agree that OneSocial.live shall have the right to use such Feedback and related information in any manner it deems appropriate. OneSocial.live will treat any Feedback you provide to OneSocial.live as non-confidential and non-proprietary. You agree that you will not submit to OneSocial.live any information or ideas that you consider to be confidential or proprietary.
5. Acceptable Use Policy
The following sets forth OneSocial.live’s “Acceptable Use Policy”:
5.1 Because OneSocial focus is on wellness and holistic alternative natural plant based medicines and herbals including CANNABIS PRODUCTS , OneSocial members registered as an individual agree not to post, sale, distribute or promote marijuana or cannabis edible products for sale directly to One Social members or to OneSocial.live web visitors in ONE SOCIAL MARKETPLACE, newsfeeds, profiles, blogs, videos or anywhere user generated content including comments and reviews.
Cannabis product reviews can only be listed part of a verified Dispensary RETAILER PAGE. After you have have complied with our terms by registering as a verified licensed RETAILER and/or dispensary membership and that your verified profile is linked to your free One Social business PAGES in the category of Cannabis Dispensary, Grower or manufacture.
OneSocial does not provide the facilitation of cannabis sales and only provides information about dispensaries in States and regions where legislations has enabled recreational sales of Marijuana products.
5.2 VERIFIED RETAILER. OneSocial offers the ability to register as a Business Entity and link individual registered profiles to a Business Page. OneSocial.live also enables members to claim a Page that may have already been set up on the OneSocial.live social network by another member, OneSocial.live editors who may have included public available information or included from our geo location services such as Google Places API. Business owners can simply claim their existing page so OneSocial.live can verify the business ownership of page to transfer page to owner and link the page to your existing OneSocial.live profile.
Only verified business pages that have been verified can post cannabis-related product listings on their Verified Page. Owners of business pages on OneSocial.live can manage pages that includes adding additional OneSocial.live members as additional administrators for their page on the OneSocial.live platforms. Pages on OneSocial.live display the owners and admins on Pages profiles. Page profiles and any members granted by Page owner such as RETAILER employees can also post from a Page profile.. These OneSocial.live membership profiles therefore must be linked and associated with to a verified cannabis RETAILER page profile.
5.3 OneSocial.live MARKETPLACE. OneSocial.live prohibits the direct sales or distribution or make available cannabis products, including any narcotics or tobacco products and alcohol.
Posting cannabis reviews, including cannabis brands promotional merchandise and accessories must be published and associated with your OneSocial.live Business page and the business entity name is in compliance with applicable law, this includes but not limited to your business page listed in OneSocial.live MARKETPLACE and profile PAGE include your legal business name entity. Business Pages listed in States where marijuana is legal for recreational use must follow applicable laws. For example it is the RETAILER listed in California posting on OneSocial.live MARKETPLACE sole responsibility to follow Section § 5415.1 of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) on Deliveries Facilitated by Technology Platforms and Section § 5040 Posting and Advertising.
OneSocial.live and its affiliates can not in any way independently verify the credentials or representations of any of the Retailers that they have met the conditions, the authenticity or quality of any of their products or services, or any Retailer’s compliance with applicable law, beyond requiring them to use their business entity name that holds their cannabis license and give them the ability to provide any required cannabis license from their business page listing. You agree that when posting cannabis products reviews that you follow compliancy laws where both medical and/or recreational cannabis sales are regulated.
Individual members registered on OneSocial.live only as a individual profile or associated with a non verified cannabis RETAILER business page can participate in posting, publishing and the sales of products and services in OneSocial.live marketplace that exclude cannabis products.
5.4 CANNABIS RETAILERS, DELIVERY and RETAIL OneSocial.live may provide users with the ability to contact Cannabis RETAILERS for cannabis-related products and arrange for delivery or pick-up of such products through third-party, unaffiliated vendors (RETAILERS) through our (“OneSocial.live MARKETPLACE”). OneSocial.live MARKETPLACE is a online marketplace featuring third-party (the RETAILERS) platform for customers (“Customers”) to post reviews with participating vendors (the “Retailers”). OneSocial.live MARKETPLACE may provide information on product reviews and services and serves purely as a communications medium and not direct sales or payment gateway to purchase cannabis products directly. OneSocial.live MARKETPLACE is not a merchant of cannabis products, or provider of any pick-up or delivery services in connection therewith, and does not control the Retailers or the production of any cannabis-related products, or any pick-up or delivery services in connection therewith.
The Retailers may have entered into agreements with OneSocial.live MARKETPLACE or its applicable affiliate where they have made representations that they currently are compliant with all applicable law and will comply with applicable law in their use of OneSocial.live MARKETPLACE. OneSocial.live and its affiliates can not in any way independently verify the credentials or representations of any of the Retailers that they have met the conditions , the authenticity or quality of any of their products or services, or any Retailer’s compliance with applicable law, beyond requiring them to use their business entity name that holds their cannabis license and give them the ability to provide any required cannabis license from their business page marketplace listing
Customers using OneSocial.live MARKETPLACE must make themselves comfortable through the information provided by the Retailers on the OneSocial.live MARKETPLACE, by contacting the Retailers directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Retailers and the Retailers’ compliance with applicable law. OneSocial.live, including the Websites and the Mobile Services, do not in any way guarantee the quality of any Retailer or any cannabis- related product, or any pick-up or delivery service in connection therewith, or any Retailer’s compliance thereof with applicable law. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), having certain medicinal or other effects, or otherwise. OneSocial.live and its affiliates do not investigate or verify any such statements. Furthermore, any such statements have not been evaluated by the Food and Drug Administration. OneSocial.live and its applicable affiliates make no claims meant to diagnose, treat, or cure any disease or medical condition. Customers should consult their doctor before starting any treatment or using any cannabis-related product during pregnancy or if they have a serious medical condition. OneSocial.live and its affiliates shall not be liable or responsible for any cannabis-related products, or any other services, offered by the Retailers or any errors or misrepresentations made by them (including on the Websites and through OneSocial.live MARKETPLACE or other Services).
User Representations, Warranties, and Covenants Regarding facilitating a purchase or delivery by communicating with OneSocial.live MARKETPLACE RETAILERS, you represent, warrant and covenant that: (1) you will provide a valid, unexpired government-issued identification card to the RETAILER , and if you will be ordering medical cannabis, a recommendation for medical cannabis that is valid in the applicable jurisdiction in which you place an order via OneSocial.live MARKETPLACE, and that (2) your use of the Websites and the Services, including OneSocial.live MARKETPLACE, does not violate any applicable state or local law, including any legal requirements for orders you place through OneSocial.live MARKETPLACE. Upon delivery or pick-up at RETAILER, as applicable, you agree to present a government-issued identification card evidencing your age as well as your original recommendation if you order cannabis. If you do not comply with these terms regarding OneSocial.live MARKETPLACE, you agree that cannabis products may not be released to you by the applicable Retailer, and you may forfeit the cost of such products.
5.6 Reviews. You agree not to post reviews on the Site, Services, or any of OneSocial.live’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of OneSocial.live’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain promotion, links or code words for the sale or distribution of any drugs, narcotics, including alcohol and tobacco products; ( e) contain disparaging information about any member or any other person, (f) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary, (g) contain references to business or competitors other than the product or business being reviewed, or (h) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a business or Dispensary you may not post reviews about your Dispensary or products or about your competitors’ Dispensary or products.
5.7 Product Photos. Product image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 5.
5.6 Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or OneSocial.live or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
5.7 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your OneSocial.live Account in accordance with Section 8.0, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
6. INDEMNITY. You agree to indemnify and hold OneSocial.live/ JAYNE, LLC (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. OneSocial.live reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OneSocial.live. OneSocial.live will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. THIRD PARTY MATERIALS; DEALS; OTHER USERS; RELEASE
7.1 Third-Party Materials. The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as Deals (defined below) (collectively, “Third Party Materials”). You acknowledge and agree that OneSocial.live is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. OneSocial.live does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
7.2 Offers. The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. OneSocial.live displays these Deals on the Site and Services as a form of advertisement for the listing dispensary (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Site or Services. The Offeror, and not OneSocial.live, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
7.3 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users (including Dispensaries) are solely between you and such user. You agree that OneSocial.live will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
7.4 Release. You hereby release and forever discharge OneSocial.live (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8.0 TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your OneSocial Account) or (b) terminate this Agreement, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your OneSocial.live Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your OneSocial.live Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. OneSocial.live will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your OneSocial Account or deletion of your User Content.
8.1 COPYRIGHT POLICY. Onesocial.live respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
(A) your physical or electronic signature;
(B) identification of the copyrighted work(s) that you claim to have been infringed;
(C) identification of the material on our services that you claim is infringing and that you request us to remove;
(D) sufficient information to permit us to locate such material;
(E) your address, telephone number, and e-mail address;
(F) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
(G) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for One Social is:
ONE SOCIAL / JAYNE LLC
18191 Von Karman Suite 100
Irvine CA, 92612
Disclaimer: One Social provides its platform on an “as is” and “as available” basis. We do not make any warranties or guarantees, express or implied, regarding the accuracy, reliability, or availability of our platform. Your use of our platform is at your own risk.
Limitation of Liability: One Social will not be liable for any damages arising from your use of our platform, including but not limited to indirect, incidental, punitive, and consequential damages.
Governing Law: These terms will be governed by and construed in accordance with the laws of the United States in the jurisdiction of California in which One Social is located.
By using One Social, you agree to be bound by these terms and conditions. If you have any questions or concerns regarding these terms, please contact us at firstname.lastname@example.org