TERMS & CONDITIONS OF SERVICE
Last Updated: March 25, 2023
Welcome to AudioKush’s website, www.audiokushhq.com (the “Website”). As the provider of this website, AudioKush is referred to as “we,” “us,” “our” or the “Company”. The following terms and conditions of service, together with any documents they expressly incorporate by reference, will be collectively known as “Terms of Use”).
1. Acceptance Of Terms of Use
By accessing and using our Website, you agree to comply with our Terms of Use, including any additional documents that we reference, and they govern your use of our website, its content, and services. Whether you are a registered user or a guest, these Terms of Use apply to you. We kindly request that you carefully review the Terms of Use prior to utilizing the Website.
You affirm that if you use the Site: (1) you have the legal right to follow these terms and conditions; (2) you are not a minor where you live; (3) you won’t access the Site with a bot or script or other automated or non-human means; (4) you won’t use the Site illegally, for any illegal purpose or in an unauthorized way; and (5) your use of the Site won’t break any laws or regulations.
Your use of the Website or your agreement to the Terms of Use signifies your acceptance and agreement to comply with these Terms of Use and our Privacy Policy. By accessing or using the Website, you agree to the Terms of Use. If you do not wish to agree to these terms, you must refrain from accessing or using the Website.
We have the right to suspend or terminate your account and to deny all current and future use of the Site if you supply any information that is false, incorrect, inaccurate or incomplete.
2. Terms of Use Amendments
We reserve the right to revise and amend these Terms of Service at any time. All modifications are effective immediately upon posting and apply to all subsequent access to and use of the website. Nonetheless, any modifications to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the modification is posted on the Website.
Your continued use of the Website after the publication of revised Terms of Service indicates your acceptance and agreement with the modifications. You are required to examine this page frequently for any updates, as they are legally binding.
3. Legal Disclaimer
This website is available to users who are at least 18 years of age. When you use the Website, you agree to abide by all applicable laws and regulations. By using this Website, you affirm and warrant that you are of legal age to form a binding contract with the Company and that you meet all of the aforementioned eligibility requirements. As a user, it is your responsibility to ensure compliance with all relevant local laws and regulations. If you do not satisfy all of these criteria, you are not permitted to access or use this website.
This website contains information about marijuana and other similar substances. Currently, these substances are banned under US federal law. The substances we discuss may be prohibited in your local jurisdiction as well. It should be noted that all of the content on our website is exclusively intended for educational, historical, and entertainment purposes.
This website provides general information for informational purposes only and does not offer legal advice. The information presented on this website should not be construed as legal advice. For any specific issue or problem, we recommend seeking advice from your attorney. This website does not serve as a replacement for seeking legal counsel from a licensed or authorized attorney in your jurisdiction.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE, MISUSE, OR INABILITY TO USE THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
4. Purchases & Fees
On this Website you can explore, view, choose, and purchase a variety of products and services. You represent that you have reached the age of majority (21 years old) and have the legal capacity to enter into a contract by purchasing products or services made available through the Platform. You also declare that you are purchasing products or services from the Platform for personal or household use only, rather than for resale. You represent and warrant that you are the owner or authorized user of any payment information when you supply said payment information along to process a transaction.
AudioKushHQ.com reserves the right to charge fees for access to restricted areas of the Website. In addition, AudioKushHQ.com may charge contestants fees to participate in awards ceremonies. To gain access to certain restricted sections, you may be required to register as a member of the Website (“Member”).
5. Medical Disclaimer
Information that is provided on this Website is for educational and informational purposes only. Any information you as a user receives should not supersede any advice given by a medical professional. Any information on this Website, including but not limited to any article, blog, listing, or profile, should not be relied upon prior to consulting a medical expert and conducting sufficient research. Any comments or claims about the benefits of any food, supplement, or product described on this Website, including but not limited to health, have not been reviewed by the Food and Drug Administration (FDA). These statements are not intended to diagnose, treat, prevent, or cure any disease or condition.
The products offered through the Website, our affiliates, or third-party sources linked through this Website are not intended to diagnose, treat, cure, or prevent any illness. Products available through the Website or any third-party website are not intended for use or sale to anyone under 21. Only follow the instructions on the label while using any products. If you are pregnant, nursing, taking medication, or have any medical concern, seek advice from a medical professional before use. Before using any dietary supplement, we encourage you to see your doctor.
You accept that by reading or making purchases on this Website the Company is not liable for your personal health decisions. Without a thorough investigation, seeking medical guidance and/or under medical supervision, no information should be taken from anywhere for your own health decisions, including this Website.
6. Third Party Sites
This site may contain links to websites operated by third parties or to materials or data made available by third parties. These third parties may sell products or services to you. Such links do not constitute or imply our endorsement of such third parties, the content of their websites, the quality or efficacy of their goods or services, or their information privacy or security practices, and we are not responsible for the information, goods, or services offered or provided by such third parties, or for how they conduct their operations. Your use of third-party websites and the materials, products, and services they provide is entirely at your own risk and subject to the terms of service of the third parties that operate or provide them. Please note, these Terms and Conditions will not cover you in the event that you do choose to purchase via any third party website. You further agree to comply with the governing terms set by the third party website.
7. Interactive Areas
This website may contain interactive areas, including, but not limited to, blogs, wikis, bulletin boards, discussion forums, and question-and-answer sections (the “Interactive Areas”). By making Your Content available through this Service, you are granting us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, and distribute any ideas or expressions of ideas,, text, graphics, messages, blogs, links, data, and other materials that you submit (collectively referred to as “Postings”) to this Website.
This license is unrestricted and we have no payment, permission, or notification obligations to you or any third party. The license includes the right to create, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, exhibit, perform, and sublicense Postings in any known or later-developed form, medium, or technology.
7.1 You are responsible for Your Content. You represent and warrant that you are the owner of Your Content or that you have all necessary rights to grant us a license to use Your Content in accordance with these Terms. You also represent and warrant that Your Content and the use and provision of Your Content comply with all applicable laws and regulations. If you participate in Interactive Areas on this Website, you will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; or (d) be libelous, obscene If you violate these Terms, AudioKushHQ.com may delete your Submissions with or without your knowledge.
7.2 Acceptance of Risk. You assume full responsibility for any claims, litigation, or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas, unless prohibited by law.
7.3 Communications With Third Parties. We disclaim all responsibility and liability to third party messages and any actions that you can or may not take in response to third party messages. It is your obligation to assess and verify the identity and legitimacy of the source and information of any communications with third party contacts you may direct yourself from any area of AudioKushHQ.com.
7.4 User Data. We will retain certain data that you transmit to the Site for the purpose of managing the Site’s performance, as well as information regarding your use of the Site. Although we backup data regularly, you are responsible for any data you send or that pertains to your Site activity. You agree that we are not liable for any data loss or corruption, and you waive any right of action against us.
8. User Generated Contributions
The Website contains several areas which encourage interaction. These areas include (but not limited to) blogs, forums, reviews, pages, and directory listings. You hereby authorize us license use of any ideas, expressions of view and ideas, text, graphics, posts, blogs, links, data or other materials you submit on this Website, without any revocable, non-exclusive, free, permanent, worldwide royalty licenses. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (‘Submissions’) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The above-mentioned license is without any restriction, and no commission will be due to you or any other party by the Company. The License shall allow the right of any form, media or technology now known or developed to make, utilize, display, reproduce, reproduce, publish, edit, alter, create derivative publications from, transfer, distribute, display or execute sub-licenses.
You certify and warrant that the postings are your original works. You attest that your posts are not in violation of relevant law or third-party rights, including any right to advertise, privacy, copyright, patent, trademark or other intellectual property rights or proprietary rights, are not violated. By providing us with content, you realize and accept that the Website may produce concepts that might be similar or identical to the postings you provide. You will have no recourse against the Company if the website utilizes any of your work.
9. Job & Dispensary Listings
On the website, end users can submit job listings. We are not responsible for ensuring the accuracy of these listings. You are acting in accordance with your own discretion and free will. You may be directed to a third-party’s website in order to submit your application for a position.
10. Liability of Limitation
The information contained in this website is for general information purposes only. The information is provided by us and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Through this website you are able to link to other websites which are not under the control of The Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
10.1 Corrections and Errors. The Website does not represent or warrant that this website, its content, or its postings will be error-free, free of viruses or other hazardous components, that defects will be fixed, or that the website will be accessible at all times. We make no warranty or representation that the Content or Postings available on or through this Website will be correct, accurate, up-to-date, or otherwise reliable. The Website may at any time make modifications and/or enhancements to its features, functionality, Content, and/or Postings.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
11. Intellectual Property
Unless otherwise stated, this Site is our proprietary property, and any and all source code, databases, software, functionality, website designs, audio, text, video, photographs, and graphics on the Site (collectively, the ‘Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The distribution, publication and use for commercial purposes is strictly prohibited without written permission from AudioKushHQ.com. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
©Copyright 2023 AudioKushHQ.com. All rights reserved. All use subject to Terms and Conditions of Use set forth here.
All illustrations, photos, design, texts and logos are owned by AudioKushHQ.com or its licensors. The content on this website is copyright protected and may not, without written permission from AudioKushHQ.com before writing, be duplicated, republished, redistributed, disseminated, transmitted, broadcast or otherwise exploited in any way.
12. Copyright Notification, DCMA Takedown
Our Website follows the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). As such, we will respond to written notification of copyright infringements in accordance with the DMCA. Please inform us promptly if you feel that your rights to copyright are infringed on our website.
The intellectual property rights of others are respected by AudioKushHQ.com and the rights of lawful copyright holders are strongly protected. The copyright owners own any logos and/or registered trademarks displayed on any portion of this Website. Upon proper notification, AudioKushHQ.com reserves the right to remove user-posted comments, posts, messages, or other contributions on or to the Blog that violate copyright law, or suspend access to the Blog (or any portion thereof) to any user who persistently uses the Blog in violation of copyright law.
Please inform us if you have reason to suspect that any sort of Intellectual Property or Copyright violation has happened on our website. We need your help in finding the contents infringed, and we want to make sure we do the right thing by removing them. Therefore, in your notification, we ask for the following information. Should you not provide us with the essential information, we will be unable to take action, therefore if you suspect that your information has been infringed upon, please send the following details in writing: (1) Your name, mailing address, telephone number and email address; (2) Identification of a reportedly infringed copyrighted work; (3) Sufficient detail about the copyrighted work; (4) The signature of a person authorized to act on behalf of the owner of an exclusive right that is purportedly infringed, either physically or electronically; (5) A declaration that the complaining party has reasonable cause to believe that the holder of copyright and the law do not permit the use of the content or the material is being used in an unauthorized fashion. (6) A written declaration from you saying that the information in your notice is true and that, under penalty of perjury, you are the owner of the copyright or have permission to act on behalf of the owner of the copyright. The Website will not honor your request and are not obligated to do so by law, if you do not offer a written notification with the above mentioned terms.
If you feel that something on this Website has been copyright infringed, contact us at info(at)audiokushhq.com with subject, “DCMA Takedown Notification”
13. Indemnification
AudioKushHQ.com shall not be liable for any damages that arise from your access to, use of, or inability to use the Site, the Contents or any connected websites or mobile applications. In no event will AudioKushHQ.com or any person or organization engaged in creating, producing, or distributing information via the Site, including domain maintainers, server administrators, directors, officers, agents, employees and contributors be liable for any direct, indirect, incidental, or consequential damages arising from the use of or inability to use AudioKushHQ.com. You consent to indemnify and hold AudioKushHQ.com harmless from and against any liability, claim, damage, and expense (including attorney and legal fees), that may derive explicitly or implicitly from violation of this Legal Notice, use or misuse of the Site, or any of the Contents, or infringement of any of the Company’s intellectual-property rights.
14. Affiliate Link Disclosure
To keep producing content for this website may receive commission generated from its joined affiliate programs. These affiliate links are available on our Website via articles, reviews, and other pages on the site. If a person clicks on the link and makes a purchase, we get a commission as an affiliate. Whether you click on the link or not, the price of the item remains the same. From time to time, the site may offer discount codes to its Members for savings at Third Party Websites. Please presume, per FTC guidelines, some links on this Website are affiliate links, and that we will receive revenue if you make a purchase from any affiliate websites you’re sent to. Not every link on this website is an affiliate link. The Website will sometimes link to partner websites, or websites of trusted brands discussed in articles, which may not be affiliate links.
15. Privacy Policy
You contribute personal information to the site by registering the account and using the site or mobile application. All information we collect on this Website is subject to our Privacy Policy. This personal data will be treated in compliance with the our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
16. Term And Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. Digital Communication, Transactions, & Signatures
Emails, forms, and Site visits are considered electronic communications. You agree to receive electronic communications and that any agreements, notices, disclosures, and other communications we give to you electronically, through email and on the Site, fulfill any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery or retention of non-electronic records, or payments or credits by any other means.
18. Sponsored Advertisements
Text and image advertisements that may or may not appear on the website from time to time are provided by third party advertisers and/or agencies. This Website only allows ads for products or services that are in relation to the core values of the site. This website reserves the right to deny any advertisement that does not suit the platform.
19. Contact
If you have any inquiries or concerns about this Agreement, you may reach out to us here. To ensure that we can provide a response, we require your full name and preferred contact information (mail, email, or phone) when you reach out to us. Additionally, kindly provide a detailed description of your request.
20. Acknowledgement
By visiting the Site and the services supplied, you accept that these legal disclosures and AudioKush’s Terms of Use and privacy policy have been read and understood.
