Sensi Originals Terms and Conditions
1. ACCEPTANCE
The terms and conditions contained herein apply to all users of the Site, whether a “visitor” or a “member” and you are only authorized to use the Site if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
2. DESCRIPTION OF SERVICES
The Site is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by Sensi Originals in writing. Any illegal and/or unauthorized use of the Site is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the Site is prohibited.
3. ACCESS
This site contains adult content, including descriptions and depictions for acquisition, use and cultivation of medical cannabis. It is to be accessed only by persons who are 18 years of age or older (and is not considered to be a minor in his/her state of residence) and who live in a State and local jurisdiction where medical cannabis use is not prohibited by law. In order to use this Site, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction where you reside, and from which you access the Site. If you are under the age of 18 and/or under the age of majority in the jurisdiction where you reside and/or from which you access the Site, then you are not permitted to use the Site. To access the medicine ordering section of the Site, you affirm that you have provided the required documentation to Sensi Originals, that your doctor’s recommendation on file with Sensi Originals has been made within the preceding twelve months, and that your membership status with Sensi Originals is current and valid. I understand and agree that it is my responsibility to maintain the currency of my State-issued I.D. Card or Driver’s License, and my doctor’s recommendation to use marijuana for medical purposes, and to periodically provide these updated documents to Sensi Originals, whether further requested, or not. If any of these documents becomes outdated or is withdrawn, I agree to inform Sensi Originals and withdraw my membership, and to hold Sensi Originals harmless for any use, or order placement by me which is deemed to be illegal by virtue of my failing to perform any of these acts. By accessing this Site, you are representing to us that you meet the above qualifications. A false representation may be a criminal offense.
4. USER CONDUCT
You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or otherwise making them available on the Site. You agree that you shall not post, upload, publish, transmit or make available in any way on the Site content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, containing any actual or suggested depiction of a minor or bestiality, invasive of one's privacy including but not limited to personal information or hateful in nature. Members further agree that you shall not allow others to use your account, nor will you disclose your member number or Site password(s) to any other person.
You also agree that you shall not post, upload, publish, transmit or make available in any way on the Site software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on the Site content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not post, upload, publish, transmit or make available in any way on the Site content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use the Site in any way that exposes dharma to criminal or civil liability.
You agree that Sensi Originals shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.
5. USER SUBMISSIONS
Sensi Originals permits the submission of photographic, text, video and other communications, and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, dharma does not guarantee any confidentiality with respect to any submissions, nor does it guarantee the accuracy of any information presented by its advertisers or posters.
Sensi Originals does not prepare or review advertisements, and therefore are not responsible for their content. If you wish to contact the advertisers, please use the contact information in the individual ads. You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
A. you own or retain the necessary licenses, rights, consents, and permissions to use and authorize dharma to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service; and
B. you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years; and
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.
D. In submitting material (text, photo, video or other communication), you further agree that you shall not:
1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sensi Originals all of the license rights granted herein;
2. publish falsehoods or misrepresentations that could damage Sensi Originals, or any third party;
3. submit material that is obscene, illegal, unlawful, , defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any State or local law or code, or is otherwise inappropriate;
4. post illegal, false or misleading advertisements or solicitations of business;
5. impersonate another person. Sensi Originals does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sensi Originals expressly disclaims any and all liability in connection with User Submissions. Sensi Originals does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Sensi Originals will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Sensi Originals reserves the right to remove Content and User Submissions without prior notice or delay. Sensi Originals will also terminate a User's access to the Site, if they are determined to be an infringer. While adult content is accepted, Sensi Originals reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or if it is of excessive length or size. Sensi Originals may, truncate, modify or remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Sensi Originals is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sensi Originals with respect thereto, and agree to indemnify and hold Sensi Originals, its officers, employees, owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. You agree that Sensi Originals may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Site or other Sensi Originals services at any time, for any reason, or for no reason at all, with or without notice.
Sensi Originals provides its Site as a service to its users. However, Sensi Originals assumes no responsibility whatsoever for monitoring the Site for inappropriate User Submitted content or conduct. If at any time Sensi Originals chooses, in its sole discretion, to monitor the User Submissions, Sensi Originals assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. Sensi Originals may review and delete any User Submissions that, in its sole judgment, violate this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Site (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Site or to any third-party website transmitted via the Site or any other material or information that you transmit or share with other Users or unrelated third-parties via the Site.
6. POLICY
Sensi Originals abides by a ZERO TOLERANCE policy relating to any illegal content or use of the Site. Depictions of children, or any type of obscene and/or illegal material shall not be tolerated by Sensi Originals.
7. WARRANTIES
You represent and warrant that all of the information provided by you to Sensi Originals to participate in the Site is accurate and current and you have all necessary rights, powers, and authority to enter into this Agreement and to perform the acts required of you hereunder.
As a condition of using the Site, you must agree to the terms of Sensi Originals privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Site, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Sensi Originals with regard to its users may be disclosed in accordance with the Sensi Originals Privacy Policy.
8. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SENSI ORIGINALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. SENSI ORIGINALS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
A. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
B. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;
C. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
D. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
E. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
E. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. SENSI ORIGINALS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SENSI ORIGINALS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SENSI ORIGNALS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL SENSI ORIGINALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
A. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
B. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;
C. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
D. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
E. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
F. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENSI ORIGINALS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SENSI ORIGINALS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. INDEMNITY
You agree to defend, indemnify and hold harmless Sensi Originals, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
A. your use of and access to the Site;
B. your violation of any term of these Terms of Service;
C. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
D. any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.
11. ASSIGNMENT & SEVERABILITY
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sensi Originals without restriction.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
12. JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of California. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
13. AGREEMENT TO TERMS OF USE
By accessing the Site, you are representing to us, in addition to all terms herein contained that You: A.are 18 years of age or older (and are not considered to be a minor in your area of residence); and B.live in a State and local jurisdiction where medical cannabis use is not prohibited by law; and C.are accessing the Site from within a State or local jurisdiction where medical cannabis is not prohibited by law; and D.are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.
A false representation may be a criminal offense.
