YOU MUST BE 21 YEARS OF AGE OR OLDER TO ACCESS AND USE THE SERVICE. BY ACCESSING AND USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 21 YEARS OF AGE OR OLDER AND THAT YOU HAVE CAPACITY TO ENTER INTO THIS CONTRACT. IF YOU ARE UNDER 21 YEARS OLD, YOU ARE NOT ALLOWED TO ACCESS OR USE THE SERVICE.
The Internet and interactive platforms are an evolving medium. If we need to change these Terms at some point in the future, a prominent notice will be placed on the Service and/or you will be notified of such changes, so that you can choose whether to continue using the Service subject to the new Terms. By continuing to use the Service after we post new Terms, or in the instance we use other means to notify you of any such changes to the Terms, you accept and agree to the Terms, as modified. Additionally, certain features of the Service may have additional terms. All such additional terms are hereby incorporated herein by this reference.
We reserve the right to deny access to the Service, or any part or feature thereof, to anyone who violates these Terms or who, in our judgment, interferes with the ability of others to enjoy the Service, or infringes the rights of others.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST 420TV ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Content (defined below) made available on the Service is for informational, news, entertainment, and educational purposes only. The statements, opinions, or views expressed in any Content are those of the person making the statement and are not the statements, views or opinions of 420TV or the Service. 420TV, the Service and the Content on the Service, do not purport to make any representation, or take any position, regarding the possible medical or health benefits of cannabis, its derivative products or cannabis-related products. Neither 420TV nor the Service encourages or sanctions any activity in violation of applicable law and regulations.
By using the Service you consent to receiving electronic communications from us regarding your use of the Service. These communications may be emails, text messages, or other types of messages and may include notices about your account (if any), confirmations, payments, changes in the Terms or the Privacy Statement, or other matters related to the Service and are part of your relationship with us. You agree that any messages, notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirement that such communications be in writing. You should maintain copies of electronic communications. By using the Service, you also consent to receiving certain other communications from us, such as content offers, special offers and promotions. If you do not want to receive these non-transactional communications you may opt-out of the communications by following the unsubscribe directions in the communication or going to help@420TV.com. Please review our Privacy Statement for further detail on communications.
INTELLECTUAL PROPERTY RIGHTS
Access to Content by You
The videos and other content available through the Service (“Content”) and the trademarks, service marks and logos contained therein is our property, or the property of our affiliates or licensors, and is protected by and subject to copyright, trademark, trade secret and other intellectual property rights under United States and foreign laws and international conventions. “Content” includes, without limitation, all source code, databases, functionality, software, and Service designs, audio, video, text, photographs, and graphics. You may use the Service and Content only for your personal, non-commercial use, and only if you keep intact all copyright and other proprietary notices. You may not reproduce or distribute (including by email or other electronic means) any of the Content without the prior written consent of our authorized representative. You agree not to use the Service for any public performances. Of course, you’re free to encourage others to access the Content themselves on the Service and to tell them how to find it. Additionally, you may establish a hypertext link to the Service so long as the link does not state or imply any sponsorship of or affiliation with you by us.
Unsolicited Submissions and Feedback
420TV does not accept or consider creative ideas, suggestions or materials other than those 420TV has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by 420TV or its agents might seem to others to be similar to their own creative ideas or materials. If you do send us any creative materials or ideas, including any feedback regarding the Content or the Service (collectively, the "Submitted Material"), by sending the Submitted Material, you agree that we will exclusively own all rights to the Submitted Material and be entitled to unrestricted use of the Submitted Material for any purpose whatsoever, commercial or otherwise, without compensation to you, and without notification or approval. 420TV shall not be liable for any use or disclosure of the Submitted Material.
420TV service marks, product and service names, and other corporate indicia (the “420TV Marks”) are the property of 420TV or its licensors. Except as expressly provided herein, you agree not to display or use in any manner any of the 420TV Marks without our prior permission.
ACCESS TO THE SERVICE
In order to access some features of the Service, you may have to create an account. You may never use another user‘s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others’ losses due to such unauthorized use.
You may use the Service only in geographic locations where we offer the Service and have licensed the Content available on the Service. The Content available on the Service may vary by geographic location. We may use technology to verify your geographic location and filter Content based on geographic location.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat the Service’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
We may terminate your access to the Service if we suspect that you have violated these Terms, or for any other reason, in our sole discretion.
If you have an account and would like to review, update or delete your personal information or cancel your account or subscription, please log in to the Service and make the changes to your account. Alternatively, you can request that we correct your personal information if it is inaccurate, cancel your account, or remove the data if we are not required to retain it by law or for legitimate business purposes. We provide you with the following options for correcting or removing your personal information from our database for marketing purposes: you can send an email to help@420TV.com . We may reject requests that are unreasonable or are not required by law, including those that would require disproportionate technical effort. We may retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies.
PROMOTIONS AND SWEEPSTAKES
Any promotions or sweepstakes made available through the Service or for which we may, from time to time, send email messages to you will be governed by terms that are separate from and may vary from these Terms. By participating in any such promotions or sweepstakes, you will become subject to its specific terms. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable promotions terms.
We periodically schedule system downtime for maintenance of the Service and other purposes. Unplanned system outages also may occur. We have no liability whatsoever for: (a) the resulting unavailability of the Service; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, mis-delivery or non-delivery of information or Content caused by such system outages; or (d) any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks. We have no obligation to provide any support or maintenance of the Service.
MODIFICATIONS TO THE Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
THIRD-PARTY ADVERTISING AND EXTERNAL LINKS
The Service, advertising that appears on the Service (or in connection with Content), or third parties, may provide links to external services or resources (collectively, the “External Resources”). You acknowledge and agree that such External Resources are owned or operated by third parties and we are not responsible for the availability of such External Resources, do not endorse, and are not responsible or liable for, any content, including, without limitation, advertising, products, or other materials, on or available from such External Resources, even if we receive compensation for your purchases from such External Resources. You acknowledge that 420TV does not review third-party advertisements that appear on the Service to determine the accuracy of information they provide. Appearance of an advertisement on the Service does not mean the advertiser is authorized by law, or otherwise qualified, to offer the products and services advertised. You further acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any External Resource. USE OF ANY EXTERNAL RESOURCE IS AT YOUR OWN OPTION AND RISK.
You may not access or use the Service or its Content for any purpose other than those for which we make it available. It is a condition of your use of the Service that you do not:
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner or an agent thereof and believe that any Content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Send notifications of claimed infringement to our designated Copyright Agent at copyright@420TV.com or by U.S. Mail to 420TV, Attn: Legal Department, 315 S. Beverly Drive, 5th Floor, Beverly Hills, California 90212. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to 420TV Customer Service at help@420TV.com. You acknowledge that if you fail to comply with all of the requirements of these Terms, your DMCA notice may not be valid.[i]
You agree to indemnify and hold 420TV, its related and constituent entities, owners, affiliates, licensors, partners, vendors, and third-party providers, OWNZONES Media Network, Inc., Genesis Media, LLC, and Alex Nahai Consulting Services, Inc., and their respective directors, officers, owners, agents, employees, attorneys, advisors, and consultants (collectively, the “420TV Parties”), harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Service, your violation of the Terms, or your violation of any rights of a third party, or any such violation by others you authorized to use your account or device through which you access the Service.
YOUR USE OF THE Service IS AT YOUR SOLE RISK. THE Service, THE CONTENT, AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE 420TV PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Service AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE 420TV PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE Service, OUR E-MAILS, OTHER ELECTRONIC COMMUNICATIONS, OR THE CONTENT OF ANY EXTERNAL RESOURCES, AND THE 420TV PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) LOSS OR DAMAGE OF ANY KIND RESULTING FROM ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION USER INFORMATION, DATA, OR SUBMISSIONS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS AND USE, THE Service; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Service; (E) ANY CORRUPTION OR LOSS OF DATA TRANSMITTED TO OR FROM THE Service; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Service BY ANY THIRD PARTY.
the 420tv parties DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EXTERNAL RESOURCE, ANY HYPERLINKED CONTENT OR SERVICE, OR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Service, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE 420TV PARTIES 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 ANY TRANSACTION FOR A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE 420TV PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE Service, OR (B) ANY content, MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, the 420TV parties’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS ($50.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY of the 420TV parties IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
AGREEMENT TO ARBITRATE
This section is referred to in these Terms as the “Arbitration Agreement”. You and 420TV both agree that any and all disputes or claims that have arisen or may arise between you and 420TV, whether relating to these Terms (including any alleged breach thereof), the Service, the Content, or otherwise, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND 420TV AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND 420TV AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SERVICE USERS.
Pre-Arbitration Dispute Resolution
420TV is interested in resolving disputes amicably. So before you commence arbitration, please contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at help@420TV.com or by mail at 420TV Attn: Legal Department, 315 S. Beverly Drive, 5th Floor, Beverly Hills, California 90212.
Arbitration Services and Rules
Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”) in effect on the date the arbitration is filed (“JAMS Rules”). JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
For all such arbitration proceedings, you and 420TV each irrevocably submit to the exclusive jurisdiction of JAMS arbitration in Los Angeles County, State of California and waive any jurisdictional, venue, or inconvenient forum objections to such arbitration. If the value of the relief sought is $7,500 or less you or 420TV may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and 420TV subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or 420TV, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving the same Service user to the extent required by applicable law.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. Each party will be responsible for all fees it incurs in connection with the arbitration, including without limitation, all attorneys’ fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse 420TV all fees associated with the arbitration paid by 420TV on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and 420TV agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against 420TV prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Agreement is posted to the Service, and shall not be effective as to any claim that was filed in a legal proceeding against 420TV prior to the effective date of removal.
GOVERNING LAW AND JURISDICTION
These Terms, and any dispute between you and 420TV, shall be governed by the laws of the State of California, without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and 420TV must be resolved exclusively by a state or federal court located in the Los Angeles County, State of California. You and 420TV agree to submit to the personal jurisdiction of the courts located within such county and state for the purpose of litigating all such claims or disputes.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of the agreement between you and us, shall be deemed to survive for as long as necessary to fulfill such purposes. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms are a complete statement of the agreement between you and 420TV regarding the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 420TV without restriction.
Please report any violations of these Terms to 420TV, c/o OWNZONES Media Network, Inc., 315 S. Beverly Drive, 5th Floor, Beverly Hills, California 90212 or via e-mail to help@420TV.com.
For general communications, contact us at 420TV, c/o OWNZONES Media Network, Inc., 315 S. Beverly Drive, 5th Floor, Beverly Hills, California 90212 or via e-mail to help@420TV.com.