|September 18th 2021, 9:58pm edited: September 18th 2021, 9:58pm|
We need to protect the site by staying within the confines of the law.
USE.Â Unless licensed in your local jurisdiction as a recreational or medical marijuana dispensary, you are not hereby authorized to advertise your Cannabis product menu on the Potspace website. Failure to follow these rules will result in removal of posts, and possibly a temporary or permanent ban on your account. You agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Potspace, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Potspace content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Potspace's policies or rules referenced above ("Prohibited Content"). You agree not to abuse Potspace's flagging or reporting processes. You agree not to collect Potspace user information or interfere with Potspace. You agree we may moderate Potspace access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Continuing to use the Potspace.com website is at your own risk.
LIQUIDATED DAMAGES.Â You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Potspace users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Potspace without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Potspace - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of Potspace - the price per post applicable to that section of Potspace; (F) sending an unauthorized/unsolicited email to an email address obtained from Potspace - $25 per violation; (G) using Potspace user information to make/send an unauthorized/unsolicited text message, call, or communication to a Potspace user - $500 per text/call/communication; (H) creating a misleading or unlawful Potspace account or buying/selling a Potspace account - $4 per violation; (I) abusing or attempting to abuse Potspace's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting Potspace content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of Potspace in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
DISCLAIMER & LIABILITY.Â To the full extent permitted by law, Potspace., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Potspace Entities") (1) make no promises, warranties, or representations as to Potspace, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Potspace on an "AS IS" and "AS AVAILABLE" basis and any risk of using Potspace is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Potspace. Potspace Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Potspace, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY.Â Any claim, cause of action, demand, or dispute arising from or related to Potspace ("Claims") will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in San Francisco, CA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in San Francisco, CA; (2) indemnify and hold Potspace Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Potspace; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS.Â Potspace.com, "Potspace" and the marijuana symbol logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.