Slyng Terms of Use & Conditions

Last Updated on October 25, 2016

I. Acceptance of the Terms of Use.

(A) These terms of use are entered into by and between You and Slyng Inc. (“Company”, “Slyng”, “we” or “us”). The following terms of use, together with the Privacy Policy and any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.slyng.com, Slyng’s social media pages, including any content, functionality and services offered on or through www.slyng.com (the “Website”) (together, the “Services”), either as a guest or registered user.

(B) Company’s "Services" include providing resources related to cannabis retailers, technology, care providers, related products (including cannabis-related reviews, ratings, news stories and articles, and certain products for sale).

(C) COMPANY DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSSED THROUGH THE WEBSITE AND SERVICES, OR WITHIN ANY OF COMPANY’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATEMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD PARTY MATERIALS, USER UPLOADS, AND SLYNG-GENERATED CONTENT DERIVED FROM THIRD PARTY CONTENT AND USER UPLOADS (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, GENETICS, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA SLYNG’S SOCIAL MEDIA PAGES AND CHANNNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATEMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING THE SAME BECAUSE OF ANY INFORMATION YOU READ ON THE SITE, SERVICES, OR ON SLYNG SOCIAL MEDIA PAGES AND CHANNELS. THIS DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY ELSEWHERE IN THESE TERMS OF USE.

(D) Please read these Terms of Use carefully before you start to use the Services. By using the Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.slyng.com/pages/privacy , incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access the Website or using the Services.

(E) The Services are offered and available to users who are 21 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

(F) If you are using the Website or the Services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to these Terms of Use.

II. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

III. Accessing the Services and Account Security.

(A) We reserve the right to withdraw or amend the Website, and any of the Services provided on the Website. Further, we reserve the right to revise, update, modify, and close down any of the Services provided herein. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, restrict access to some part of the Services, or the entire Website, to users, including registered users.

(B) You are solely responsible for (i) making all arrangements necessary for you to have access to the Website, and (ii) ensuring that all persons who access the Website or Services through your internet connection are aware of these Terms of Use and comply with them. A list of minimum system requirements, including operating system and physical hardware requirements, may be found on the Website.

(C) To use certain features of (“access”) the Website or Services, you must register for an account with Slyng (“Slyng Account”) and provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate, and (ii) you will maintain the accuracy of such information. You may not create more than one Slyng Account, and you may delete your Slyng Account at any time, for any reason, by following the instructions on the Website. Slyng may suspend or terminate your Slyng Account in accordance with other Sections of these Terms of Use.

(D) To access the Website or Services, or create a Slyng Account, you may tie your login credentials from your social media account, including Facebook, including registration details and other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy at www.slyng.com/pages/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(E) When you sign in through your social media credentials, or any other piece of information as part of our security procedures, you must (and hereby agree to) treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Slyng Account is personal to you and agree not to provide any other person with access to this Website, Services, or portions of either using your user name, password or other security information, including your Facebook login credentials. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.

(F) We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

IV. Intellectual Property Rights.

(A) The Website, Services, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above), are owned by the Company or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

(B) These Terms of Use permit you to use the Website for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store or transmit any of the material on our Website, except as follows:

(i) Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively.
(ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(iii) You may download a single copy of our Slyng platform to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by additional end-user agreements as we may require.
(iv) You may not authorize any organizations, companies, or businesses to use the Services for any purpose.
(v) When we provide social media features with certain content, you may take such actions as are enabled by such features.

(i) Modify copies of any materials from this site.
(ii) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
(iii) You must not nor permit access or use for any commercial purposes any part of the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info at slyng.com.

If you print, copy, modify, download or otherwise use or provide any other person, organization, company, or business with access to any part of the Website or Services in breach of the Terms of Use, your right to use the Website or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

V. Trademarks.

The Company name, the term Slyng, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners, where applicable.

VI. Prohibited Uses.

(A) You may use the Website or Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Services:

(i) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
(ii) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(iii) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Content Standards” set out in Section IX in these Terms of Use.
(iv) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
(v) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
(vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

(B) Additionally, you agree not to:

(i) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Services, including their ability to engage in real time activities through the Website or Services.
(ii) Use any robot, spider or other automatic device, process, or means to access the Website or Services for any purpose, including monitoring or copying any of the material presented thereon.
(iii) Use any manual process to monitor or copy any of the material on the Website or Services, or for any other unauthorized purpose without our prior written consent.
(iv) Use any device, software or routine that interferes with the proper working of the and delivery of the Services.
(v) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(vi) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server on which the Website or Services is stored, or any server, computer or database connected to the Services.
(vii) Attack the Website or service via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack.
(viii) Otherwise attempt to interfere with the proper working of the Website or Services.

VII. User Uploads.

(A) The Website may contain message boards, chat rooms, personal web pages or profiles, review portals, and other interactive features (collectively, “User Services”) that allow users to post, submit, publish, display, review, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Uploads”) on or through the Website.

(B) All User Uploads must comply with the Content Standards set out in Section IX in these Terms of Use.

(C) Any User Upload you post to the site will be considered non-confidential and non- proprietary. By providing any User Upload on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.

(D) You represent and warrant that:

(i) You own or control all rights to, including intellectual property rights, the User Uploads and have the right to grant the license granted above to us and our licensees, successors and assigns.
(ii) All of your User Uploads will comply with these Terms of Use.
(iii) You understand and acknowledge that you are responsible for any User Uploads you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Uploads posted by you or any other user of the Website.

VIII. Monitoring and Enforcement; Termination.

(A) We have the right to:

(i) Remove or refuse to post any User Uploads for any or no reason in our sole discretion.
(ii) Take any action with respect to any User Upload that we deem necessary or appropriate in our sole discretion, including if we believe that such User Upload violates the Terms of Use, including the Content Standards (Section IX), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, Services, or the public, or could create liability for the Company.
(iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(iv) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services, including any stalking or harassment.
(v) Terminate or suspend your access to all or part of the Website or Services for any or no reason, including without limitation, any violation of these Terms of Use.

(B) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Services.

(C) YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

(D) However, we do not undertake to review material before it is posted on the Website or Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, subject to any applicable law

(E) You hereby grant, and you represent and warrant that you have the right to grant, to Slyng, an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Uploads, and to grant sublicenses of the foregoing, solely for the purposes of including your User Uploads in the Website and Services. You agree to irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to your User Uploads.

IX. Content Standards.

These content standards (“Content Standards”) apply to any and all User Uploads and use of User Services. User Uploads must in their entirety comply with all applicable federal, state, local and international laws, including intellectual property laws, and regulations.

(A) Without limiting the foregoing, User Uploads must not:

(i) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(iii) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(iv) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
(v) Be likely to deceive any person.
(vi) Promote any illegal activity, or advocate, promote or assist any unlawful act.
(vii) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(viii) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(ix) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(x) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

(B) If you post reviews on the Website, Services, or any of Slyng’s social media pages or channels, you agree not to post reviews that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users, both guests and registrants with Slyng Accounts, with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions in these Content Standards, reviews posted on the Website, Services, or any of Slyng’s social media pages or channels must not:

(i) Be written exclusively in capital letters,
(ii) Be plagiarized,
(iii) Contain spam or advertisements,
(iv) Contain personally identifying information about any retailers, including any dispensary employees or other persons,
(v) Contain overly detailed or sexual descriptions of an individual’s physical appearance, or lwed personal attacks against a specific individual or group of individuals affiliated with any retailer,
(vi) Contain references to dispensaries, retailers, or competitors other than the product or retailer being reviewed, or
(vii) Contain unrelated personal grievances.

(C) If you are an owner, volunteer, or employee of a retail dispensary, service, or cannabis technology product manufacturer, you may not post reviews about (i) your retail store or products, nor (ii) any competitors’ retail store(s) or products.

X. Copyright Infringement.

We do not condone copyright infringement, and will terminate the user accounts of repeat infringers. You may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied or posted on the Website or Services in a way that constitutes copyright infringement, please provide our Copyright Agent (provided in this Section X), in writing, with the information as follows:

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or of interest in the copyright;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the allegedly infringing material is located on the Website, or in the provision of the Services, with reasonably sufficient detail to enable the Company to find the allegedly infringing material, including a URL;
(iv) Your address, telephone number to reach you, and email address;
(v) A written statement by you representing that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A written statement by you, made under penalty of perjury, that all of the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at info at slyng.com, or at the following address:

XI. Reliance on Information Posted.

(A) The information presented on or through the Website or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Services, or by anyone who may be informed of any of its contents.

(B) This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

XII Changes to the Website; Application Upgrades.

(A) We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

(B) However, we may from time to time issue upgraded versions of the Website. You consent to such automatic upgrading on the Website, and agree that these Terms of Use shall apply to all such upgrades.

XIII Information About You.

All information we collect on this Website is subject to our Privacy Policy. By using the Website or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features.

(A) You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

(B) This Website may provide certain social media features that enable you to:

(i) Link from your own or certain third-party websites to certain content on this Website.
(ii) Send e-mails or other communications with certain content, or links to certain content, on this Website.
(iii) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

(C) You may use the above features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

(i) Establish a link from any website that is not owned by you.
(ii) Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
(iii) Link to any part of the Website other than the homepage.
(iv) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

(D) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

(E) We may disable all or any social media features and any links at any time without notice in our discretion.

XV. Links from the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, where applicable.

XVI. Third Party Materials; Deals.

(A) Third Party Materials. The Website or Services might display, include or make available third-party content (including data, information, articles, applications, or other products, services or materials) or contain links to third party websites, services, and advertisements for third parties such as Deals (defined below) (collectively, the “Third Party Materials”). You agree that Slyng is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Slyng does not assume nor will not have any liability or responsibility to you or any other person or user for any Third Party Materials. Third Party Materials and links (described in Section XV above) thereto are provided solely as a convenience.

(B) Deals. The Website or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed retailers or dispensaries (collectively, the “Deals”). Deals are treated as Third Party Materials under this Agreement. Slyng displays Deals on its Website and Services, as well as direct user text messaging, as a form of advertisement for the listing retailer or dispensary only (the “Offeror”). All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Website or Services. The Offeror, and not Slyng, is solely responsible for:

(i) Redemption of the Deal,
(ii) Compliance with all aspects of the Deal and applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto),
(iii) All goods and services it provides to you in connection with the Deal, and
(iv) All injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.

XVII. Geographic Restrictions.

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, including intellectual property laws.

XVIII. Disclaimer of Warranties.

(A) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website, or Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

(B) WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

(C) YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

(D) THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

(E) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XIX. Limitation on Liability.

(A) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

(B) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XX. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Services, including, but not limited to, your User Uploads, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or Services.

XXI. Governing Law and Jurisdiction.

(A) All matters relating to the Website, Services, Privacy Policy and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

(B) Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, Privacy Policy, Services, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

(C) IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTINO WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPET TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECTUING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

XXII. Dispute Resolution.

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use, the Privacy Policy, the Website, or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, first to mediation agreed to in writing by the parties, then next to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

XXIII. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

XXIV. Waiver;Severability.

(A) No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

(B) If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

XXV. Entire Agreement.

The Terms of Use, Retailer Terms of Use (where and as applicable), and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and Slyng, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.

XXVI. Your Comments and Concerns.

(A) This website is operated by Slyng Inc., located at 2030 E 4th St, Ste 205E, Santa Ana, CA 92705

(B) All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (Section X) in the manner and by the means set forth therein.

(C) All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info at slyng.com.

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