Last updated: June 20, 2019
1. General Definitions
- Fandom Marketing, Inc. (the Company, Us or We) dba The Cannabiz Agency, The Cannabiz Agency Images, or TCA Images (“TCA”)
- You the website user (Customer, User, Users or Visitors)
- Web properties (the “Site”, Website or Websites) include TheCannabizAgency.com, and TCAimages.com and any software, apps, and/or plug-ins made available by The Cannabiz Agency or its affiliates
- “Content” means all types of visual content, including, without limitation, still photography, motion film or video and may include audio elements, whether generated optically, electronically, digitally or by any other means, and shall include all metadata, keywords, descriptions and captions associated therewith. Any reference to Content includes the whole or the part.
2. Acceptance of Terms
3. Intellectual Property; Limited License to Users
- Unless you enter into a license agreement with TCA you may not download, distribute, display and/or copy any TCA Content.
- You may not remove any watermarks or copyright notices contained in the TCA Content.
- You agree that you will not use TCA’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or TCA.
- You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of TCA Trademarks or the Trademark rights claimed by TCA.
- You agree that you will not use any TCA Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
- You may not at any time, adopt or use, without TCA’s prior written consent any word or mark which is similar to or likely to be confused with TCA’s Trademarks.
- The look and feel of the TCA website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of TCA and may not be copied, imitated or used, in whole or in part, without the prior written consent of TCA.
- All other trademarks, product names, and company names or logos used or appearing on the TCA website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TCA, unless expressly so stated.
- You may not use a TCA trademark, logo, Image or other proprietary graphic of TCA to link to the TCA website without the prior written consent of TCA.
- You may not frame the TCA Sites, metasearch or any Image without the prior written consent of TCA. You may not take the results from a TCA search and reformat and display them, mirror or “frame” any part of the TCA Sites on your website. You may not send automated queries of any sort to TCA’s system without express permission in advance from Fandom Marketing, Inc.
5. Information You Provide
- TCAimages.com does not store user credit card or payment data. Any payment information, stored or not stored, is handled by a secure third-party payment processor. TCA is not responsible for data provided to a third-party payment processor by a user.
6. Our Content
- You may not use any TCA Content for any purpose without first obtaining a License to use such Content. Any use of Content by you shall be governed by the applicable license agreement separately entered into between you and TCA. Displaying and/or distributing to the public any watermarked or unlicensed Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
- Comp Use Exception: For the purposes of serving the creative process of graphic designers and advertising agencies, TCA watermarked images may be downloaded from our Site to be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Image(s) may not be used in any final materials distributed internally or to the public unless a License for use is purchased per individual or per business entity. For example; individual being you for personal use such as your blog and business card, or a business entity use on YourCompany.com website and brochure. All other rights are reserved to TCA.
7. Infringement Claims / DMCA Notices
- If you believe that any Image or other material made available by TCA infringes upon any copyright that you own or control, you may notify TCA by using the contact information at the end of this page.
- You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of TCA or any third party.
- Violate the rights of TCA or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
9. Restriction and Termination of Use
- TCA may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or TCA Content at any time in TCA’s discretion, without prior notice or liability to you. Any conduct by you that, in TCA’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
10. Links to Third Party Sites
- In the event that the Site is available through any third-party platform, or if TCA provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that TCA makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of TCA, and TCA provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by TCA.
11. Warranties and Disclaimers
- Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of California and county of San Diego. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. TCA shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of TCA, such action is necessary or desirable.
The Cannabiz Agency c/o Fandom Marketing, Inc.
101 W Broadway, suite 815
San Diego, CA 92101
Phone: (619) 796-3267
Email: click here to user contact form