These User Content Terms (“Content Terms“) govern your use of the LeafReport.com website (including any sub domains, mobile versions and/or applications thereof) (collectively, the “Website“) and forms part of the Company’s Terms of Service. Undefined capitalized terms used herein, are defined in the Terms of Service.
If you provide, upload or publish User Content on the Website, you must strictly abide with these Content Terms. If you violate these Content Terms, we may take action against you, including by immediate termination of your Website access or account and removal of your User Content. “User Content” means any content or materials uploaded or submitted by a Website user, in whatever format, including text, photos, images, animations, graphics, logos, designs, links, audio, music and video files, via any of the Website’s features, including the Website’s comment sections, brand or product reviews and comparisons, or any other service or feature of similar functionality.
- BE HONEST AND TRUTHFUL
- Be truthful and honest. For example, product reviews must be genuine and based on your true experience with a product or brand.
- Do not mislead readers by distorting or omitting material information. Material Information is information that the reader needs in order to make informed decisions in relation to the product or brand referred to in such User Content.
- Your User Content must not: (i) discourage essential treatment for conditions for which medical supervision shall be sought; (ii) encourage socially undesirable actions like excessive consumption or irresponsible use of any of the products shown on the Website.
- If your User Content includes product comparisons, only compare products meeting the same need or intended for the same purpose.
- If your User Content includes claims regarding the performance or benefits of a product or brand, it must be adequately substantiated. In particular, health and medical claims must be scientifically substantiated.
- Do not post any User Content if there is a material connection between yourself and any brand or product referred to in your User Content, without first notifying and receiving Company’s prior written approval. Material Connection means any connection that might affect the weight or credibility that readers give your User Content (for example, the existence of a business or family relationship with a brand or manufacturer, your receipt of monetary or other form of benefit from a brand or manufacturer, etc.).
- COMPLY WITH THE LAW AND OUR TERMS OF SERVICE
You will not, under any circumstances:
- Use the Website, intentionally or unintentionally, in violation or breach of any applicable law or regulation, or in a way that may put Company in violation or breach of any applicable law or regulation, or in a way that promotes the violation or breach of any applicable law or regulation.
- Engage in any act that Company deems in its sole discretion to be in conflict with the Terms of Service or the spirit or purpose of the Company Services including by attempting to circumvent the Terms of Service, these Content Terms, or any of the Website policies.
- Modify, reverse engineer, decompile, disassemble, decipher, or otherwise try to derive the source code of the Website, or attempt to obtain any information from the Website using any method not expressly permitted by Company.
- Copy, modify, or distribute User Content from the Website, including any User Content protected by Company’s or its licensors’ trademarks or other intellectual property rights, except with Company’s express written permission.
- Make improper use of Company’s support services, including by submitting false abuse reports or using profane or abusive language in communications with our support personnel.
- Use the Website, save for under Company’s explicit written authorization, for any commercial purpose. Any commercial activity may also be subject to additional terms or an agreement, at the Company’s sole and absolute discretion.
- PROHIBITED CONTENT
You may not, under any circumstances:
- Post User Content or a link to User Content that is abusive, threatening, obscene, defamatory, or libelous; is racially, sexually, religiously, or otherwise contains nudity, objectionable or offensive; promotes or incites violence; or violates any applicable law or regulation including by promoting illegal products or controlled substances.
- Post User Content or a link to User Content that infringes or violates someone else’s intellectual property or other proprietary rights, or that discloses, aids or facilitates the disclosure of someone else’s confidential information.
- Post User Content or a link to User Content containing malicious User Content, including without limitation viruses, malware, or spyware.
- Harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including without limitation the Company’s employees.
- Impersonate any person, including without limitation another user or a Company employee.
- suggest any products as recommended for minors under the age of 21.
- YOUR REPRESENTATIONS
When you create, upload or contribute User Content to the Website, you represent to us that:
- Your use of the Website, including but not limited to your User Content, does not violate these Content Terms, our Terms of Service, or any applicable laws (including with respect to any laws, rules or regulations prohibiting or regulating the use of CBD products as applicable in your jurisdiction).
- You will not use the Website (unless explicitly agreed upon by Company in writing by entering into a written agreement which will include the terms for such usage) for: (i) placing or delivering advertising materials, sponsorship, or promotions; and/or (ii) creating content items for the benefit of a 3rd party that has either commissioned and/or paid for the creation of such items and/or received it for free or as add-ons as part of a sponsorship packages.
- You have obtained all rights (including intellectual property rights) and approvals, necessary to grant Company the license provided herein in connection with the User Content, and that your use of the User Content doesn’t conflict with any permits or licenses you may have granted to others.
- You are solely responsible for the User Content, and assume all risks associated with it, including any person’s reliance on its accuracy or claims that might stem from such User Content, as well as any liability, cost, expense or loss to Company or to any third party resulting from such User Content.
- You understand that we are under no obligation and do not guarantee that the User Content will be displayed or promoted on our Website.
- You understand that although we exercise reasonable efforts to preserve the materials stored on the Website, you are solely responsible for creating back-ups of your User Content, and we shall not be responsible or liable in any way for the failure to preserve your User Content.
- You agree to indemnify and hold Company or anyone on its behalf (including its and its subsidiaries’ shareholders, directors, officers, employees, service providers, partners and agents) harmless from any liability, cost, damage and expense (including reasonable legal fees) caused or resulting from the User Content.
- GRANT OF LICENSE
- When you create, publish, post, upload or contribute User Content to our Platform, you agree to grant Company an irrevocable, non-exclusive, worldwide, transferable, perpetual, royalty-free, sub-licensable license to:
- Use, copy, store, publish, display, broadcast, make publicly available, exploit, link, distribute, reproduce, download, translate, abridge, amend, modify, adapt, create derivative works of and otherwise use the User Content, and to allow Company to sub-license others to do so, for the purpose of providing, publishing, embedding, distributing or promoting the Website (including for any advertising or commercial purposes related thereto). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content; and
- Incorporate advertising material or sponsored content, inside or adjacent to the User Content, as well as publishing, distributing or promoting User Content, on any media channels and in any format (including by third parties) Company deems fit, without any obligation to compensate you; and
- Identify and credit you as the creator or translator of such User Content and use any information that you have provided during your registration to our Website (for example your name, photograph and other information) in connection with the publication, distribution, advertising or promotion of the User Content. However, this does not require or obligate us to provide such credit, if any, to you, and we reserve the right to omit such
- The license detailed in this section shall remain in full force and effect for perpetuity, regardless of the termination of your Website Account or your use of the Website (including if you decided to delete your User Content), for any reason whatsoever.
- LIMITATION OF LIABILITY; WARRANTY DISCLIAMER; INDEMNIFICATION
- Company reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content or other data or to restrict, suspend, or terminate any user’s access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. You agree that Company accepts no liability whatsoever if it refuses to post your User Content or edits, restricts or removes it, or terminates your access to the Website or account.
Nothing contained herein or elsewhere in Company’s policies and/or terms of service shall require Company to monitor or edit the User Content. If at any time Company chooses, in its sole discretion, to monitor or edit User Content, Company shall not be regarded as assuming any responsibility for anything submitted, nor as having any obligation to modify or remove any inappropriate materials or information or as having any responsibility for the conduct of any user.
- Company does not endorse and has no control over what users post or submit as User Content. Company makes no warranties, express or implied, as to the accuracy and reliability of any material or information posted as User Content. Company assumes no responsibility or liability for User Content. You agree to release Company, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your User Content.
- To the fullest extent permissible under law, Company shall have no responsibility for any loss or damage resulting from any User Content posted on or through the Website, or from the conduct of any users, whether online or offline. THE WEBSITE AND ANY USER CONTENT ARE PROVIDED “AS-IS” AND AS AVAILABLE WITH ALL FAULTS, AND COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED DOLLARS (USD $500.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
- Without derogation from any indemnification obligation under the Terms of Service, you agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party (including any competent authority) arising out of or in connection with: (i) your breach of these Content Terms, our Terms of Service, or any applicable laws; or (iii) any User Content you post.