Term of Services

Terms of Use

A. INTRODUCTION

Apple, Inc and any of its subsidiaries or parent companies are not involved in any way with any of the contests hosted on the PotSmoking.com app.

This app is intended for use only but those 18 and over.  PS.com reserves the right to any and all actions it deems necessary to prohibit and prevent the use of this app by those under 18.  Minors are prohibited from downloading and or using this app for any reasons.  In the event that it is discovered that an account belongs to someone under 18, that account will be suspended immediately and all future privileges for that user will be prohibited, even after such time that said user is of the legal age to use this app.  This policy will be strongly enforced using any and all means at the disposal of PS.com

1. ACCEPTANCE OF TERMS

These Terms of Use (“TOU”) govern your access to and use of the PotSmoking.com site (“Site”) and related Apps (as defined below) (collectively, the “Service”). The TOU is an agreement made by and between you PotSmoking.com LLC. PotSmoking.com LLC may, at its discretion, update the TOU at any time. You can access and review the most current version of the TOU at the URL for this page or by clicking on the “Terms of Use” link at the bottom of each page of the Site or otherwise made available within the Service.

PLEASE REVIEW THE TOU CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS OF THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THE TOU, DO NOT ACCESS OR USE THE SERVICE.

THE TOU REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE, AND YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. PLEASE REVIEW SECTION C.15 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE.

If you are under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you may not use the Service. You represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract. You further represent and warrant that you are not a person barred from accessing or using the Service under the laws of your country of residence or any other applicable jurisdiction. Some parts of the Service may have different age requirements, which will be noted in those parts of the Service, and you represent and warrant that you meet the age requirements of those parts of the Service at the time you access those parts of the Service.

2. PRIVACY POLICY

In addition to the TOU, the Privacy Policy http://potsmoking.com/privacy-policy.php governs your access to and use of the Service.

3. MOBILE APPS

PotSmoking.com LLC further makes available mobile applications for access to certain content from PotSmoking.com LLC (“Apps”). Your access to and use of Apps is subject to the applicable end user license agreement for each App.

4. Additional Rules and Guidelines

Your access to and use of the Service must further comply in all material respects with any rules and guidelines posted by PotSmoking.com LLC for each respective contest. PotSmoking.com LLC may, at its discretion, update these additional rules and guidelines at any time, with or without prior notice. By accessing or using the Service after any such updates have been posted or otherwise communicated to you, you agree to be bound by such updates.

B. Contest Rules

1. GENERAL

  1. The contests presented through the Service (each, a “Contest”) are contests whereby the most qualified contest entrant will be chosen as the winner and receive the prize amount indicated in the rules of that particular contest. The winners of Contests are determined by criteria that are delineated within the rules and guidelines for each Contest. Winners are determined by the staff of PotSmoking.com LLC.

  2. PotSmoking.com LLC offers prizes for winning Contests and promotions relating to Contests. Each Contest or promotion is governed by a particular set of rules and guidelines. It is your responsibility to read and understand all applicable rules and guidelines for each Contest prior to participation.

  3. PotSmoking.com LLC’s server clock shall be the official timekeeping device for all Contests and all matters related to timekeeping within the Service.

2. No Gambling

You acknowledge and agree that the Contests are based on content submitted, do not require any form of consideration by you, do not constitute gambling and shall not be construed in any manner to be any form of gambling. You may in no way utilize the Service for any form of gambling.

3. Eligibility

  1. In order to use the Service, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.

  2. When participating in a Contest or otherwise using the Service, you further represent and warrant that:

    1. you are exempt from backup withholding;

    2. you have not been notified by the U.S. Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or

    3. the IRS has notified you that you are no longer subject to backup withholding.

  3. Employees and contractors of PotSmoking.com LLC or its affiliates may use the Service for administrative and testing purposes, community-building and other purposes that do not compromise the integrity, fairness or outcome of Contests. Employees and contractors of PotSmoking.com LLC or its affiliates may not enter public Contests that offer cash prizes.

  4. You may establish only one user account for participating in all activities within the Service, and only you may use that user account. Any attempt to establish or use more than one user account or otherwise compromise the integrity, fairness or outcome of any Contest or the Service is prohibited.

  5. By inputting a method for receipt of payment, you represent and warrant that:

    1. you are the Authorized Account Holder (as defined in Section C.2(D)) for that account; and

    2. you are the lawful owner of the account.

  6. PotSmoking.com LLC, at its sole discretion, reserves the right to withhold any Contest prize and suspend, revoke or terminate any user account based upon its reasonable belief that the applicable user fails to meet any of the eligibility criteria set forth in the TOU or has otherwise violated the TOU. PotSmoking.com LLC further reserves the right to require proof of eligibility and/or identity.

4. Participation in Contests

  1. By entering a Contest, you agree to be bound by these Rules and the decisions of PotSmoking.com LLC, which shall be final and binding. You must follow the instructions issued by PotSmoking.com LLC to complete your entry and participate in a Contest. In the event of a dispute regarding the identity of the user who submitted an entry, such entry shall be deemed submitted by the individual named in the user account used to submit the entry; provided, however, that if this fails to resolve the dispute, the entry shall be deemed submitted by the person whose name is registered with the email service provider for the email address associated with the user account used to submit the entry. PotSmoking.com LLC reserves the right at its sole discretion not to award a prize to any individual it believes did not submit a winning entry.

5. Prizes

  1. PotSmoking.com LLC shall have sole authority to determine the winners of all Contests, and the decision of PotSmoking.com LLC on all matters relating to Contests, including, but not limited to, its determination of winners, shall be final and binding.

  2. Winners will be determined and prizes will be awarded based upon factors calculated by PotSmoking.com LLC. After winners are determined and prizes are awarded, the final scoring determined by Pot Smoking LLC will stand. PotSmoking.com LLC, at its sole discretion, reserves the right to determine winners of Contests before awarding any prizes and to resettle Contests in the event of a violation or suspected violation of the TOU or the Game Info and Rules or as Pot Smoking LLC deems necessary in its sole discretion to protect the integrity of a Contest.

  3. The amounts for prizes for each Contest will be as posted within the Service for such Contest.

  4. In the event that there is a challenge by any governmental authority as to whether a prize should be awarded, Pot Smoking LLC, at its sole discretion, may determine whether such challenged prize should be awarded.

  5. In the event that Pot Smoking LLC determines that the integrity, fairness or outcome of any Contest has been compromised, Pot Smoking LLC may, at its sole discretion, cancel, extend, terminate or modify the Contest as it deems appropriate to remedy the integrity, fairness or outcome of the Contest.

6. Winner Notification

  1. The winner will generally be posted after the Contest is marked final, which in some cases may not occur until twenty-four (24) hours after the close of the Contest. Winners will be notified via email or other communication method where necessary. If the notification to a winner is undeliverable or the address provided is otherwise invalid, the winner may be disqualified.

8. Tax-Related Issues

  1. All tax liability relating to a winner’s receipt of a prize is the sole responsibility of the winner. You will promptly provide to PotSmoking.com LLC upon request any documentation or information that may be required for tax compliance purposes.

  2. Each user who is a resident of the United States and has won six hundred dollars ($600.00) or more from any contests or games operated by PotSmoking.com LLC, must provide PotSmoking.com LLC with his or her residential address and tax identification number (e.g., Social Security number), along with any other documentation or information that may be required for PotSmoking.com LLC to file a 1099-MISC form with the IRS (“Tax Information”). You agree to provide such information promptly upon request by PotSmoking.com LLC.

9. Account Management

  1. You will be prompted within the App to provide your email address or connect your Facebook account to the Service in order to log in. An account will be created for you once you have provided your email address or connect your Facebook account and provide the necessary permissions.

  2. If you wish to stop using the Service, you can do so by deleting the App from your device, by unlinking your Facebook account from the Service, or by contacting PotSmoking.com LLC at help@potsmoking.com.

11. Dollar Amounts

  1. All dollar amounts listed within the Service, including, but not limited to, award amounts, are denominated in U.S. dollars unless otherwise specified.

12. Promotional Assistance

Each contestant and winner:

  1. hereby irrevocably grants PotSmoking.com LLC, its affiliates and their respective service providers the right and permission to use his or her contest entry in connection with the development, production, distribution, advertising and marketing of the Service. Each contestant and winner grants such right and permission without further notice or approval, compensation from or liability to PotSmoking.com LLC and its service providers, except as prohibited by law. PotSmoking.com LLC reserves the right to make public and promotional statements relating to Contest winners via the Service, radio, television, Internet or other means of communications now known or later developed.

C. GENERAL TERMS

1. Grant of Rights

  1. Subject to your compliance with the TOU in all material respects, PotSmoking.com LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

    1. access and view pages from the Service for your personal, non-commercial use only; and

    2. print a reasonable number of such pages for your personal, non-commercial use only.

  2. To the extent that a Site provides online access to any software, application or other similar online components, then, subject to your compliance with the TOU in all material respects, PotSmoking.com LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by PotSmoking.com LLC for accessing such components and only for your personal, non-commercial purposes.

2. Registration

  1. In registering for the Service, you agree to:

    1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and

    2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PotSmoking.com LLC reasonably suspects that you have done so, PotSmoking.com LLC may suspend or terminate your account.

  2. You are fully responsible for all activities that occur under your account. You may not share your account with anyone. You agree to notify PotSmoking.com LLC immediately of any unauthorized use of your account or password or any other similar breach of security.

  3. You represent and warrant that you are:

    1. of legal age to form a binding contract in the jurisdiction within which you reside;

    2. not listed on any U.S. Government list of prohibited or restricted parties; and

    3. not a person barred from accessing or using the Service under the laws of your country, state or province of residence or any other applicable jurisdiction.

  4. You further represent and warrant that you are the person assigned and authorized by the Service Provider to use the email address and account in the Registration Data (“Authorized Account Holder”). As used herein, “Service Provider” means the Internet service provider, email service provider or other organization responsible for assigning email accounts for a domain name associated with an email address.

3. RESPONSIBILITY FOR CONTENT

  1. You acknowledge and agree that all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not PotSmoking.com LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not PotSmoking.com LLC, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).

  2. You acknowledge and agree that PotSmoking.com LLC has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although PotSmoking.com LLC reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing, Pot Smoking LLC shall have the right to remove any Content that violates the TOU or that it deems objectionable.

  3. To the extent that you submit any Content, you represent and warrant that:

    1. you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and

    2. Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any third party.

4. RIGHTS TO CONTENT

  1. PotSmoking.com LLC does not claim ownership of Your Content. However, you grant PotSmoking.com LLC and its service providers a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, sublicensable, transferable license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publish, publicly perform and publicly display Your Content in connection with the Service. You understand that the technical processing and transmission of data associated with the Service, including Your Content, may require:

    1. transmissions over various networks; and

    2. changes to conform and adapt to technical requirements of connecting networks or devices.

  2. Except with respect to Your Content, you agree that PotSmoking.com LLC and its licensors own all rights, title and interest in the Service and all materials within the Service. Except with respect to Your Content or as expressly permitted by the TOU, you may not:

    1. use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content;

    2. frame or utilize any framing technique to enclose any Content;

    3. decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or

    4. access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by PotSmoking.com LLC. PotSmoking.com LLC reserves all rights not expressly granted to you.

5. User Conduct

In connection with your access to or use of the Service, you shall not:

  1. upload, post, email, transmit or otherwise make available any Content that:

    1. is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable;

    2. may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);

    3. infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;

    4. consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or

    5. contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;

  2. comprise the integrity, fairness or outcome of any Contest or otherwise tamper with any other aspect of the Service, or collect points or prizes through improper means (including, but not limited to, the use of automated scripts or multiple accounts);

  3. impersonate any person or entity, including, but not limited to, PotSmoking.com LLC personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

  5. act in a manner that negatively affects the ability of other users to access or use the Service;

  6. take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;

  7. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  8. use spiders, crawlers, robots or any other similar means to access the Service, or otherwise substantially download, reproduce or archive any portion of the Service;

  9. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or

  10. violate any applicable local, state, provincial, federal, national or international law or regulation.

6. Suggestions

If you elect to provide or make available to PotSmoking.com LLC any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), PotSmoking.com LLC shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without restrictions and without credit or compensation to you.

7. Dealings With Advertisers And Other Third Parties

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that PotSmoking.com LLC shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.

8. Links and External Materials

The Service or users of the Service may provide links to other websites or resources. You acknowledge and agree that PotSmoking.com LLC does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that PotSmoking.com LLC shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.

9. Modifications To The Service

PotSmoking.com LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that PotSmoking.com LLC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).

10. Termination And Survival

In the event that you violate the TOU, all rights granted to you under the TOU shall be terminated immediately, with or without notice, and PotSmoking.com LLC, in its sole discretion, may remove and discard Your Content. The provisions of the TOU that should by their nature survive termination of the TOU shall survive such termination.

11. INDEMNIFICATION

You agree to indemnify and hold PotSmoking.com LLC and its parents, subsidiaries, affiliates, and their respective officers, directors, employees, agents, mandataries, partners and licensors (collectively, the “PotSmoking.com LLC Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOU or any law or regulation; or (c) violation of any rights of another party.

12. DISCLAIMER OF WARRANTIES

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POTSMOKING.COM LLC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. POTSMOKING.COM LLC PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

13. LIMITATION OF LIABILITY

  1. YOU ACKNOWLEDGE AND AGREE THAT POTSMOKING.COM LLC PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF POTSMOKING.COM LLC PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL POTSMOKING.COM LLC’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE EXCEED $50.

  2. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  3. IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.


 

14. Governing Law

For Canadian Residents: The TOU shall be governed by and construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside apply, in which case the laws of such jurisdiction will apply.

For All Others: The TOU shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles.

For All Users: The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOU.

15. BINDING ARBITRATION AND CLASS ACTION WAIVER

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOU, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that:

For Canadian Residents: The hearing will be conducted in Toronto, Ontario, Canada or the city within Canada in which you reside; or

For All Others: The hearing will be conducted in the County and State of New York or the city within the United States in which you reside.

The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN:

FOR CANADIAN RESIDENTS: A COURT OF COMPETENT JURISDICTION IN TORONTO, ONTARIO, CANADA; OR

FOR ALL OTHERS: THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE SUPREME COURT OF NEW YORK COUNTY.

YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

Notwithstanding anything to the contrary, you and PotSmoking.com LLC may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

16. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the TOU or any end user license agreement for an App, there shall be no third-party beneficiaries to the TOU.

17. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide PotSmoking.com LLC’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

18. GENERAL PROVISIONS

The TOU constitutes the entire agreement between you and PotSmoking.com LLC concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and PotSmoking.com LLC with respect to such subject matter. The failure of PotSmoking.com LLC to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOU. Any prevention of or delay in PotSmoking.com LLC’s performance hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations hereunder for a period equal to the duration of any such prevention or delay. Except to the extent PotSmoking.com LLC is expressly precluded by applicable law, PotSmoking.com LLC further reserves the right to, within its sole discretion, make changes to these TOU and the Game Info and Rules on a prospective basis, including to reflect changes in or required by law or changes in business practices by posting a notice of such. If you continue to use of the App or access the Services after the notice of the changes has be posted, then you shall be deemed to have accepted those changes. It is the express wish of the parties that the TOU and all related documents be drawn up in English.