Last updated: November 25, 2020
This Terms of Service (“ToS”) document governs the end users’ (hereinafter referred to as “you”/ “your”/ “user”) access to and use of ‘Sativa Media’ (which term shall be deemed to include the website https://[■] as well as its mobile application [as and when the same is made available] or any other technological variants thereof) accessible through a computer, mobile or any internet connected device(s) or any other means to access the same from time to time) and the services offered thereunder.
The services are provided on an “as-is” and “with all faults and risks” basis, without warranties of any kind. All articles and information posted on the website are only for informational and educational purposes. Sativa Media is not responsible for the completeness, reliability and accuracy of the for third-party content/links published on the website. We do not endorse any products, services, treatments, opinions, or any other information and we want you to be advised that actions taken based on the information on Sativa Media are strictly at your own discretion and We (Sativa Media, its partners, employees, affiliates) will not be responsible or liable for any losses and/or damages in connection with the use of our website. We are not responsible for and not necessarily hold the opinions of our Contributors / Bloggers / Commenters, etc.
Sativa Media does not encourage possession, use and distribution of cannabis.
THIRD PARTY CONTENT
USER GENERATED CONTENT
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all rights (including but not limited to intellectual property rights), title and interest in and to all material presented on Sativa Media [including but not limited to copyrights, trademarks, logos, information, data, text, software, video, sound, photographs, graphics, messages hereinafter collectively referred to as content] are and shall remain the sole and exclusive property of Sativa Media, its parent, affiliates and associates for the entire world in perpetuity and are protected under all applicable laws.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Sativa Media; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the website, including, without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended by the Sativa Media and pursued to the fullest extent permitted by law.
Sativa Media logo and name are registered with the trademark belonging to Sativa Media. All other logo, design marks and company names are the property of their respective companies whether registered or unregistered. Sativa Media shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
COPYRIGHT AND FAIR USE
All materials published on the website – including text, illustrations, images, icons, pictures, programs, audio/video clips – are protected by copyright and intellectual property laws and are intended only for personal and non-commercial use. Under no circumstance may content be reproduced, republished and distributed. Materials can be used and distributed in its original form without any alteration.
CHANGES TO OUR TERMS OF SERVICE
Sativa Media reserves all rights to change and update the terms of service without any notice and the changes will be updated on this page. Your continuous use of the website even after the changes in the policy will constitute that you have read, understood and agreed to the updated ToS.
CONTENT POSTED ON/TRANSMITTED THROUGH SATIVA MEDIA
Any content whether publicly or privately transmitted through or posted on Sativa Media, is the sole responsibility of the person from whom such content originates.
You represent that:
- You have valid rights and title in any and all content that you post or submit for publication on the website;
- You have not infringed the intellectual property rights belonging to any third party and further that you will indemnify us and any/all our affiliates for any and all claims, losses or damages arising out of, or in connection with, your unauthorized use of any such content, posted or submitted to us for publication by you.
We accept no responsibility for the said content. However, you understand that all content posted by you becomes the property of Sativa Media and you agree to grant/ assign to Sativa Media and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
USER CONDUCT AND RESPONSIBILITIES
You hereby agree and assure Sativa Media that the website and the services provided thereunder shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not to host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- any confidentiality obligation;
- post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horses, time bombs, bots, botnets, malicious content, stolen content, manipulated data, threats or any other harmful programs or elements or components through the website;
- delete from the website any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that You do not own or have express permission to modify;
- obtain or attempt to obtain any material or information not intentionally made available through the website and/or the services through any means;
- take through Sativa Media any action which encourages or consists of any threat of harm of any kind to any person or property;
- make any inappropriate, illegal or otherwise prohibited communication under applicable laws in relation to Sativa Media or the services provided to any newsgroup, mailing list, chat facility, or other internet forums and also towards online as well as offline users and audience of the website;
- use Sativa Media for any illegal purposes;
- transmit through the website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, defamatory, racist, unethical or otherwise objectionable material of any kind or nature. This includes text, graphics, photos, video, programs or audio, or any other forms of communication;
- engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” and “trolling,” as those terms are commonly understood and used on the internet;
- make any representation or warranty on behalf of Sativa Media.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- Sativa Media provides services on an “as-is” and “with all faults and risks” basis, without warranties of any kind. We do not warrant, expressly or by implication, the accuracy or reliability of the services or its sustainability for a particular purpose or the safety/security of the data/content stored by you. Sativa Media disclaims all warranties whether express or implied, including those of merchantability, fitness for a particular purpose, non-infringement, or that use of the services and/or the website or any content made available thereof will be uninterrupted or error-free. Without limiting the generality of the foregoing, Sativa Media does not represent or warrant that the services and/or the website will result in compliance, fulfillment or conformity with the laws, regulations, requirements or guidelines of any government or governmental agency.
- To the maximum extent permitted by applicable law, Sativa Media provides no warranty on the use of the services and/ or the website. We also disclaim all liability with respect to any misuse, loss, modification or unavailability of the services.
- Not Responsible For and Not Necessarily Hold the Opinions of our Contributors / Bloggers / Commenters, etc.
- Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Sativa Media. Sativa Media is not responsible for the accuracy and completeness of any Blogger / Contributor Content, neither does it endorse nor guarantee the same, nor accept any obligation or liability for the same. Sativa Media and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor its site for inappropriate or unlawful content.
- Sativa Media and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
- Notwithstanding the foregoing, Sativa Media reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
CONFIDENTIALITY OF INFORMATION
You will keep in confidence and protect from disclosure any confidential and proprietary information concerning Sativa Media that you may be exposed to or entrusted with during your engagement with the website and/or services. You will not use any such information for any purpose that is detrimental to the Sativa Media.
Sativa Media can (and you authorize us to) disclose your name, email and such necessary information, to intellectual property rights owners, as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, privacy, or other unlawful activity.
LIMITATION OF LIABILITY
YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH USING THE SERVICES INCLUDING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SATIVA MEDIA BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTENT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS OF THE SERVICES, OR THE WEBSITE OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE SERVICES, OR SATIVA MEDIA, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT SATIVE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR ACCESS TO THE SERVICES OR THE WEBSITE. FURTHER, SATIVA MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES OR DATA/CONTENT LOSS OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
Sativa Media originates from [city/state/country]. These ToS will be governed by the laws of the State of [NAME] without regard to its conflict of law principles to the contrary. Neither you nor Sativa Media will commence or prosecute any suit, proceeding, or claim to enforce the provisions of these ToS, to recover damages for breach of or default, or otherwise arising under or by reason of these ToS, other than in courts located in the State of [NAME]. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these ToS.
TERMINATION OF ACCOUNT
You can terminate your account at any time. Sativa Media will not keep your personally identifiable information should you cease your access to the services, except, if necessary and mentioned for the time being in force, for purposes as stated in law.
- All rights and obligations under these TOs which by their nature should survive termination will remain in full effect after termination or expiration of these ToS.
- None of the provisions of these ToS shall be deemed to constitute a partnership or agency between you and Sativa Media. You shall have no authority to bind Sativa Media in any manner, whatsoever.
- Sativa Media shall have no liability to You for any interruption or delay to access the website irrespective of the cause.
- To the extent permissible under applicable laws, you and Sativa Media agree that any cause of action arising out of or related to Sativa Media, must commence within one (1) year after the cause of action accrues, otherwise, such cause of action will be permanently barred.
If You have any grievances or concerns, you may contact Sativa Media’s grievance officer by email. You may send your grievances to the email address [EMAIL].
Copyright Infringement and Take Down Policy :
Sativa Media is not liable for any rights of a third party being infringed or for any infringement of copyright arising out of materials posted on or transmitted through these ToS, or items advertised on these ToS by you or any other user or any third party. If you are the owner of copyright in any of the content shared or uploaded on the website without your consent, or you believe that any user of the website is storing, hosting, uploading or transmitting infringing content, then you are required to send a written notice to [EMAIL ADDRESS] providing the following information/details:
- A physical or electronic signature of a person authorised to act on behalf of the copyright owner for the purposes of the complaint;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material on the website that is claimed to be infringing or to be the subject of infringing activity;
- The address, telephone number or e-mail address of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed.
For any questions regarding the Terms of Service, contact firstname.lastname@example.org