Terms of Use
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Infringement
Copyright
Trademark
Community Guidelines

Ganjingworld Corporation
Website Terms of Use

Last updated: July 2024
Effective date: July 2024

1. INTRODUCTION

Thank you for visiting Ganjingworld Corporation's (referred to herein as "GJW," "us," or "we") website. These Terms of Use form a binding legal agreement governing your use of the GJW online platform and any services provided through the platform (collectively the "Site"). This Site is owned and operated by GJW. Your access to and use of this Site is subject to the following terms of use ("Terms of Use") and all applicable laws.

  • Introduction
  • Additional Terms
  • Changes to Terms of Use
  • Your Obligation to Provide Truthful Information
  • Accounts and Your Content
  • Ownership of This Site and Its Content
  • Other Restrictions on Your Use of This Site
  • Transactions
  • Removal of Content
  • Right to Modify or Discontinue This Site
  • Links to Other Sites
  • Representations and Warranties
  • Disclaimer of Warranties
  • Indemnity
  • Limitations of Liability
  • Choice of Law, Jurisdiction and Venue
  • Statute of Limitations
  • Age Eligibility
  • Term
  • General
  • Notice for California Users
  • Contact Us

Please read these Terms of Use carefully. These Terms of Use, and all of the other terms linked on our website, including but not limited to, Paid Service Terms of Service, Support Terms, Copyright Infringement Policy and Community Guidelines (together, the "Agreement"), form a legally binding agreement between you and GJW. BY ACCESSING AND USING THIS SITE YOU AGREE TO COMPLY WITH AND BE BOUND BY THE AGREEMENT. By agreeing to these Terms of Use, you also consent to our collection, use and disclosure of information you provide us in accordance with our Privacy Policy. If you do not agree to the Agreement, or do not meet the qualifications included in the Agreement do not access or use this Site.

2. ADDITIONAL TERMS

Our Privacy Policy describes the personal information we collect when you and others use this Site, how we use that personal information, and some of the steps we take to protect your privacy.

Certain features of this Site may require you to establish an account and agree to special terms governing your use of the feature, such as special portals available through our Site (as described in the “Accounts and Your Content” section of these Terms of Use). In such cases, you may be asked to expressly consent to additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any term of the click-through agreement conflicts with a term in these Terms of Use, the terms of the click-through agreement will override the conflicting term in these Terms of Use.

3. CHANGES TO TERMS OF USE

These Terms of Use and the agreement formed by these Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us. We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use from time to time. Accordingly, we reserve the right to modify these Terms of Use at any time and in our sole discretion, without prior notice, by posting the revised version of these Terms of Use to the link marked “Terms of Use” at the bottom of each page of this Site. Any modifications will be effective 24 hours after posting through the Site or delivery of such other notice. You must cease using the Site or terminate these Terms of Use at any time if you do not agree to any changes. However, your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

Whenever we change these Terms of Use, we will also change the “effective date” at the top of these Terms of Use. If you have not visited this Site in the last sixty days, be sure to check the effective date to see if these Terms of Use have been revised since your last visit.

You may access the most current version of these Terms of Use at any time by clicking the link marked “Terms of Use” at the bottom of each page of this Site.

4. YOUR OBLIGATION TO PROVIDE TRUTHFUL INFORMATION

You may be asked to submit personal information to this Site. For example, if you use this Site to request information about our company, you will be asked to provide your name and mailing address. If you submit personal information to GJW through this Site, the information you submit must be true, accurate, current and complete.

5. ACCOUNTS AND YOUR CONTENT

Before using special features of our Site, such as the portals available through the Site, you may be required to establish an account (an “Account”). Approval of your request to establish an Account will be at our sole discretion. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. To the extent applicable, you will not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Site through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen or otherwise compromised. Any activities completed through your Account or under your Account ID will be deemed to have been done by you. You may not: (1) select or use an Account ID of another user with the intent to impersonate that user; or (2) use an Account ID that we, in our sole discretion, deem offensive.

If you are accessing or using our Service on behalf of a business or entity, you must have the authority to agree to and enter into these Terms on the business or entity's behalf. Your business or entity is legally and financially responsible for your access to or use of the Service.

Except as expressly provided by these Terms of Use, you are solely and legally responsible for all content that you provide, upload, or transfer to your Account or generate through your Account (“Your Content”). You grant GJW a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any form, media, software, or technology of any kind, including for the purpose of promoting and redistributing part or all of the Site. You agree that you have all right, title, and interest in Your Content necessary to consent and allow GJW to use Your Content for the purposes for which you provide Your Content to GJW. The licenses or right that you granted continue for a commercially reasonable period of time after you delete Your Content from the Site. We may retain, but not disseminate or display your videos that you deleted.

You will ensure that Your Content and any use thereof by GJW: (1) does not violate the Agreement or any applicable laws; (2) is not libellous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (3) does not constitute an infringement or misappropriation of GJW’s or any third party’s intellectual property rights or other rights; (4) is not an unsolicited or unauthorized advertisement or solicitation of funds, goods, or services; (5) is not false, misleading, or inaccurate; or (6) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement. GJW is not responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of Your Content.

Without compensation to you, you hereby permit us to use your name, profile picture, and information about actions you have taken on the Service in connection with ads and other sponsored content we display. To the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern "moral rights" or "droit moral," or similar rights, in connection with any User Content that you post or share through the Service

Content is the responsibility of the person or entity that provides it to the Service. GJW is under no obligation to host or serve Your Content. If you see any user content that you believe violates these Terms or applicable law, you may report that to GJW by contacting us here.

6. OWNERSHIP OF THIS SITE AND ITS CONTENTS

This Site, including all of the software and code comprising or used to operate this Site, including application updates, and all of the text, photographs, images, illustrations, graphics, sound recordings, logos, video and audio-video clips, and other materials available on this Site (collectively, “Content”) are protected under applicable intellectual property and other laws, including those of the United States. All Content and intellectual property rights therein are the property of GJW or of third parties who have licensed their rights to GJW. The presence of any Content on this Site does not constitute a waiver of any right to such Content. You do not acquire ownership rights to any such Content, including user names or any Content posted by us or others, viewed through this Site. Subject to your compliance with these Terms of Use, we will permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms of Use.
  • Copyrights. As between you and GJW, GJW and its licensors own and reserve the copyrights in this Site, including all of its Content.
  • Copyright License. Under these Terms of Use, we hereby grant you a limited license to access and use this Site and to view or listen to Content, or show Content through the Site, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license does not include use of any data mining, robots or similar data gathering or extraction methods. We may revoke this license at any time and for any reason without notice.
  • Trademarks. All trade names, trademarks and service marks displayed on this Site are the registered or unregistered trademarks of GJW, its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties.
  • Restrictions. Except as otherwise provided in these Terms of Use, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit Content or Trademarks in any form or by any means without our express prior written permission.
  • Other Users. You grant to other users of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
  • Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Site and the information, products, and services we make available through this Site (collectively, “Feedback”). By submitting Feedback, however, please note that you represent and warrant that you have the legal rights to disclose any ideas or information you include in your Feedback. Please also note that the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. This means that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

6.1. OTHER RESTRICTIONS ON YOUR USE OF THIS SITE

You may only use the Site for lawful purposes in accordance with these Terms of Use. As a condition of your use of the Site, you represent and warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

Whether on behalf of yourself or on behalf of a third party, you may not use this Site:

  • to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or express or imply that we endorse any statement that you make;
  • in a manner that violates any national, state, local or international law, rule or regulation;
  • to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
  • in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the networks or services that support this Site;
  • to harvest or collect e-mail addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
  • for any public or commercial purpose other than in furtherance of any transaction that you make through the Site (for example, you may not publicly screen videos or stream music from the Site);
  • run contests or sweepstakes through the Service that do not comply with these Terms or applicable law;
  • use the Service to (a) sell any advertising, sponsorships, or promotions, other than those allowed by GJW; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales;
  • make any use of the Site in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy, publicity or other personal rights of any third party, or that is defamatory, obscene, threatening, abusive or hateful; or
  • in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying this Site, which we may publish and revise from time to time at Community Guidelines.

In addition, you agree not to engage in any of the following:

  • importing, copying or transferring any local files or cached Content from one platform to another, without the legal right to do so;
  • "crawling" or "scraping," or using any other automated means such as bots and spiders, to view, access or collect information;
  • circumventing any software, program, security feature or technology, including digital rights management mechanisms, used by us, our licensors, or any third party;
  • circumventing or blocking advertisements through tools, programs or software;
  • selling, assigning, transferring or leasing, or engaging in any form of monetization, except as expressly permitted under these Terms;
  • altering or removing any notices, marks or indications of intellectual property, such as to disguise, conceal, erase or change any indications of the source of ownership;
  • altering any part of the Service or Content without our and the relevant licensors' express permission;
  • artificially increases the number of views, likes, comments, or other metrics either by using automatic systems or serving up videos to unsuspecting viewers. Also, content that solely exists to incentivize viewers for engagement (views, likes, comments, etc) is prohibited.
  • take any other actions to manipulate, interfere with, or damage our Service;
  • knowingly solicit or collect personal information from a child 12 years old or younger;
  • access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from GJW and, if applicable, the respective rights holders;
  • collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person; and
  • misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.

We are not responsible or liable for what you or others may post or share on the Service, including User Content that violates our User Guidelines.

6.2. RESTRICTED USERS

You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; or (b) listed on any U.S. Government list of restricted parties.

7. TRANSACTIONS

In some instances, through your Account and our portals, we may provide you with the opportunity to purchase GJW’s products and services (“Services”). Your purchase of the Services is subject to the Paid Service Terms of Service, in addition to the terms below.

By initiating a transaction with us, you represent and warrant that you are 18 years or older.

  • Transaction Information: If you wish to purchase the Services (a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including information about your method of payment (such as your payment card number and expiration date) and your billing address (collectively, “Transaction Information”). You represent and warrant that you have the legal right to use any Transaction Information utilized in connection with any Transaction. By submitting Transaction Information to us, you grant to us the right to provide such information to third parties for the purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of Transaction Information may be required prior to the acknowledgment or completion of any Transaction.
  • Services: All descriptions, images, references, features, content, specifications, Services and prices of Services are subject to change at any time without notice. The inclusion of any Services on the Site does not imply or warrant that these Services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any Service. By entering into a Transaction, you represent and warrant that the Service that you buy will be used only for the intended purpose and in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (a) limit the availability of or discontinue any Service; (b) impose conditions on the honoring of any discount, promotional code, or other similar promotion; (c) bar you from making or completing any or all Transaction(s); and (d) refuse to provide you with any Service.
  • Payment: You agree to pay us all Transaction charges and fees that may be incurred by you or on your behalf through the Site, at the price(s) then in effect for the Services. You will also remain responsible for any taxes that may be applicable to your Transactions. If your payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
  • Availability, Errors and Inaccuracies: We make a conscientious effort to describe and display Services accurately on the Site. Despite these efforts, a small number of Services may be described inaccurately, or unavailable, and we may experience delays in updating Service information. As a result, we cannot and do not guarantee the accuracy or completeness of any such information, including prices, specifications, and availability. We reserve the right to change or update Service information and to correct errors, inaccuracies, or omissions at any time without prior notice. If we determine that there were inaccuracies in Service information, we will cancel your Transaction and notify you of such cancellation based on contact information you provide to us for the Transaction.
  • Refund: To the extent permitted by law, all sales through the Service are final, and all charges from those sales are non-refundable, except as otherwise provided in these Terms. To the extent permitted by applicable law, your sole remedy with respect to any Service you purchased that is defective or not delivered within a reasonable period will be either a replacement of such Content or Product or a refund of the purchase price that you paid for such Service, which we may determine within our reasonable discretion. We may not provide a refund to you for the failure or delay in the delivery of a Service that is associated with an internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

7.1. INTERNATIONAL ORDERS

If you order or purchase a Service from outside the United States, you are responsible for complying with the local laws and regulations of your country of residence. When you place an order and provide a shipping address outside of the United States, you or your designated consignee are the importer of record and, as such, are authorizing us to import the goods to your destination country on your behalf.

Furthermore, you agree that we may delegate the obligation to import the Service you order on your behalf to a subcontractor (e.g., a customs broker).

We will make our best effort, but are not obligated, to calculate and collect the applicable duties and taxes and any other additional fees upfront at the time of purchase, which may be indicated at checkout, or be included in the purchase price of a Service. If we do not do so, you or your designated consignee as importer of record are responsible for paying the applicable duties & taxes and any other applicable import fees to your local customs authorities.

7.2. ADVERTISEMENT AND MONETIZATION

We may insert advertisement into any Content that you provide or view through the Site, that we may determine in our sole discretion. Users who create or upload Content through the Site are not entitled to any revenue generated through advertisements inserted into their Content. Users may be eligible to receive compensation on account of advertisements inserted into their Content under other monetization program agreement between you and the platform.

8. REMOVAL OF CONTENT

If you would like us to delete any Content you have provided through the Site for any reason, please contact us as explained in the “Contact Us” section of these Terms of Use. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use (including our Privacy Policy) and applicable law.

We reserve the right to remove or take down some or all of your Content if it (1) violates our user guidelines or any of these Terms of Use or (2) may cause harm to GJW, our users, or third parties unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for GJW; (b) would compromise an investigation or the integrity or operation of the Service; (c) would cause harm to any user, other third party and GJW, or in any other way violates these Terms of Use.

To sanction and deter repeat violations of Community Guidelines, users may receive strikes, associated with varying restrictions and potentially, permanent removal of user channel from the Site. A full description of the strike system is available here. You may appeal here if you believe that a strike has been issued to you in error. You must not use other channels to circumvent restrictions associated with your strike(s). If you do so, we reserve the right to terminate your account or access to all or part of the Site.

9. RIGHT TO MODIFY OR DISCONTINUE THIS SITE

We reserve the right at any time to modify or temporarily or permanently discontinue this Site (or any part thereof, including your access to an Account or portal), modify or change any feature or functionality, change or offer new digital content or services, with or without notice, and we will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

10. CLAIMS OF COPYRIGHT INFRINGEMENT

We take copyright seriously, but do not have an affirmative obligation to monitor the Site to search for infringement.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.

If you believe in good faith that certain Content infringes your copyright, you (or your agent) may send us a notice requesting that we remove or disable access to the Content. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act of 1998 (the "DMCA") permits you to send us a counter-notice.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we may replace or restore the Content or cease disabling it. Unless the original complaining party files an action seeking a court order against the provider or user of the impugned Content, the impugned Content may be restored, in ten (10) business days or more after our receipt of the counter-notice, at our sole discretion.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Further instructions and details on how to prepare and deliver the notices and counter-notices, what we do with these notices, and a template of the notices and counter-notices, are accessible here.

Our forms and instructions for notices and counter-claims are available on DMCA Takedown Notice and Counter-Notice.

In submitting a notice or counter-notice, you understand that you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages and attorney's fees, if you knowingly misrepresent that a Content is infringing.

In addition to removal of infringing Content, users who repeatedly infringe on copyrights may be subject to additional sanctions pursuant to our Copyright Repeat Infringer Policy.

11. LINKS TO OTHER SITES

This Site may provide links to other Web sites or other services operated by third parties. Because we have no control over third-party Web sites or services, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. We make no representations regarding the content or accuracy of materials on such third party Web sites. Similarly, we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. Your use of such Web sites is subject to the terms and policies of the owner of such Web sites and not these Terms of Use. Other Web sites may link to the Site with or without our authorization, and we may block any links to or from the Web site in our sole discretion. YOUR USE OF THIRD-PARTY WEB SITES OR SERVICES IS AT YOUR OWN RISK.

12. ACCESSIBILITY AND RATINGS

If required by applicable law, you must provide closed captioning in your videos.

We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately

13. CROSS-PLATFORM CONTENT SYNCHRONIZATION

If you use any third party tools to download and synchronize content across different content sharing platforms, in addition to these Terms, you also agree to abide by the terms of use and privacy policies of such third party platforms. GJW disclaims any responsibility or liability for violations of third-party platform terms resulting from your use of such tools. Furthermore, you agree to indemnify and hold GJW harmless from any claims, damages, or liabilities arising from your use of third-party tools in violation of such terms.

14. REPRESENTATIONS AND WARRANTIES

You represent and warrant to GJW that: (1) you have the legal right and authority to enter into these Terms of Use; (2) these Terms of Use form a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under these Terms of Use and to grant the rights and licenses described in these Terms of Use; and (4) your use of and access to the Site and your Account, as well as your creation and enabling use on the Site of Your Content, will comply with all applicable laws, rules, and regulations and will not cause GJW to violate any applicable laws, rules, or regulations.

15. DISCLAIMER OF WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SITE, ANY CONTENT ON THIS SITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE CANNOT AND DO NOT REPRESENT THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISM, OR OTHERWISE MEET YOUR REQUIREMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONTENT, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT COMMUNICATIONS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SITE. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE BY OUR CUSTOMERS OR BY SITE USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK.

Without limiting the foregoing, certain products promoted through this Site may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any manufacturers' warranty applicable to the products promoted through this Site.

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law. Specifically, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Use and which if known, might materially affect your consent to these Terms of Use. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

    "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY."

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES' (AS DEFINED BELOW) TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASED PARTIES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

16. INDEMNITY

You hereby agree to indemnify, defend, and hold harmless GJW and its officers, directors, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) your access to or use of the Site, including your Account and our portals; (2) Your Content; and (3) your breach of any representation, warranty, or other provision of this Agreement. GJW will provide you with notice of any such claim or allegation, and GJW will have the right to participate in the defence of any such claim.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES WILL GJW, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ITS CONTENT, ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING ANY PURCHASES YOU MAKE OR LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GJW OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

18. CHOICE OF LAW, JURISDICTION AND VENUE

These Terms of Use and the relationship between you and us will be governed by and construed in accordance with the federal laws of the United States of America and the laws of the State of New York, excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction.

Complaints and Dispute Resolution

Any dispute, claim or controversy between you and us arising from or in connection with these Terms shall first be settled by you and us through friendly negotiations. In the event the parties fail to reach an agreement on the dispute within sixty (60) days after delivery of the written request for friendly negotiations by one party to the other party, the dispute may be submitted to American Arbitration Association (AAA) for arbitration, which shall be conducted in accordance with AAA's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon all parties.

Reconciliation

You agree that in the event of any dispute between you and us, you will first contact us by the following contact address and make a good faith, sustained effort to resolve the dispute before resorting to arbitration:

Ganjingworld Corporation
33 Fulton St, Middletown, NY 10940
Email: [email protected]

Arbitration Agreement

After attempts to resolve disputes informally, any remaining dispute, controversy or claim relating in any way to these Terms and the Service, Content and Product will be finally resolved by binding arbitration.

This mandatory arbitration agreement applies equally to you and us. However, this arbitration agreement does not govern any claim by us for infringement of its intellectual property or access to the Service that is unauthorized or exceeds the authorization granted in these Terms.

Further, nothing in this Arbitration Agreement waives, precludes, or otherwise limits any of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with these Terms, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this section.

Procedure for Arbitration

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

Ganjingworld Corporation
33 Fulton St, Middletown, NY 10940
Email: [email protected]

The arbitration will be administered by the AAA under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes.

If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

Payment of all filings, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000 unless the arbitrator determines that your claims are frivolous.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses upon request from either party made within 14 days of the arbitrator's ruling on the merits.

Time for Commencing Claim

Any claim arising from or in connection to these Terms must be commenced within one (1) year after the date the party asserting the claim first knows or ought to have known of the facts giving rise to the claim. There shall be no right to any remedy for any claim not commenced within that time period.

Class and Representative Action Waiver

Any claim must be brought in the respective party's individual capacity and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding ("Class Action"). You expressly waive any ability to maintain any Class Action in any forum.

In the context of arbitration, the arbitrator will not have the authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity who is not a party to the arbitration. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

19. STATUTE OF LIMITATIONS

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 this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred to the extent permitted by applicable law.

20. AGE ELIGIBILITY

You must be at least 16 years old to use this Site and Service. Children of all ages may use the children's section of the Service if enabled by a parent or legal guardian. If you are under 18, you represent that you have the permission of your parent or guardian to agree to the terms of the Agreement. If your parent or guardian does not agree to the terms of the Agreement, you may not use the Site and Service. The parent or legal guardian of a user under the age of 18 is subject to the terms of this Agreement and responsible for the user's activity on the Site and Service.

21. TERM

These Terms of Use are entered into as of the date you first access or use the Site and will continue until terminated. To the extent permitted and in accordance with applicable law, we may terminate your access to the Site or your Account at any time if you violate these Terms of Use or for any reason, at our sole discretion. You may terminate these Terms of Use at any time by ceasing to access the Site and by destroying any Content that you have been permitted to download from the Site.

In addition, we may suspend or terminate your account or access to all or part of the we are required to do so by law or court order; or if we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, GJW, or its affiliates.

If you want to terminate your account or remove your channel, you should first delete all your Content, and then send a request to [email protected] to terminate your account or remove your channel. Please allow ten (10) business days for us to process your request.

22. GENERAL

Words and phrases used in these Terms of Use have the definition given in these Terms of Use or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. As used in these Terms of Use, the term "including" means "including, but not limited to". Section headings are for reference purposes only.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court will substitute for such provision a valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use will remain in full force and effect.

Unless you have entered into a separate agreement with GJW regarding the Site, these Terms of Use, together with any customer agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and us with respect to the subject matter hereof.

The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms of Use.

These Terms of Use may be amended only as set forth above.

23. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. NOTICES

Unless otherwise specified in these Terms of Use, any notices required or allowed under these Terms of Use will be provided to GJW through our web form. GJW may provide you with any notices required or allowed under these Terms of Use by sending you an email to any email address you provide to GJW in connection with your Account, provided that in the case of any notice applicable both to you and other users of the Site, GJW may instead provide such notice by posting it on the Site. Notices provided to GJW will be deemed given when actually received by GJW. Notice provided to you will be deemed given 24 hours after posting it to the Site or sending it via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid, in which case GJW may attempt to notify you through other contact information provided by you, or may post the relevant notice on the Site.

25. CONTACT US

If you have any questions or concerns regarding these Terms of Use, please contact us by any of the following ways:

Ganjingworld Corporation
33 Fulton St
Middletown, NY 10940

Email: [email protected]

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