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Terms of Use

Other Legal: Privacy Policy | Royalty Free Image License

Last updated: June 20, 2019

Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by The Cannabiz Agency or its affiliates (individually and collectively, the “Site”). This website is owned and operated by Fandom Marketing®, Inc. and is protected by copyright, trademark, and US / international intellectual property laws.

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

  • You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Fandom Marketing, Inc. dba The Cannabiz Agency  (“TCA”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
  • Changes to Terms. TCA reserves the right, in its sole discretion, to change the Terms under which TCA is offered. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. If we make any material changes to the Terms, then we will post the latest Terms to this site and change the “Last Updated” date above. The most current version of the Terms will supersede all previous versions. Please regularly check the “Terms of Use” link on the footer of this website to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

3. Intellectual Property; Limited License to Users

  • Subject to your compliance with these Terms of Use, any applicable license agreement with TCA, and the law, you may access and use the Site. TCA remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. TCA may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in TCA’s sole discretion. TCA provides the Site on an “as is” and “as available” basis.
  • All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the “TCA Content”), as well as the selection and arrangement of the TCA Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any TCA Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and TCA, TCA does not grant any express or implied permission to use the Site or any TCA Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any TCA Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or TCA Content.
  • 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.

4. Trademarks

  • For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by TCA.
  • Nothing contained herein grants or shall be construed to grant you any rights to use any TCA Trademark, unless expressly conferred by these Terms of Use.
  • 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

  • TCA (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to TCA subject to your agreement with the applicable third-party platform. TCA’s collection and use of all such information shall at all times conform to this Terms of Use, the TCA Privacy Policy, and applicable law.
  • TCA will use and protect your personal information, such as your name and address, in accordance with the TCA Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
  • 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.

8. Limitations

  • 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 any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
    • 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

  • Your use of the Site is at your own risk. The Site is provided by TCA under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. TCA expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, TCA makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. TCA makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that TCA will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

12. Indemnification

  • You agree to defend, indemnify and hold harmless TCA, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the TCA Content, or your violation of any rights of another.

13. Miscellaneous

  • 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.
  • These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, without respect to its conflict of laws principles.
  • In the event of any conflict between these Terms of Use and any license agreement you enter with TCA, the terms of such license agreement shall control.
  • These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

Contact Information:
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

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