Terms Of Use


Please read these Terms of Use carefully prior to using the Luxley website. Your use of this Site and any features on the Site are subject to these Terms, which we may update from time to time. By accessing this Site in any way, including, without limitation, browsing this Site and using any information on this Site, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, which incorporates Our Privacy Policy, including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations. If you do not agree to these Terms, do not use this Site.

PERMITTED USERS

This Site is intended to be used and accessed by people who are of legal age to purchase and consume cannabis. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.

REGULATIONS

Cannabis remains a Schedule I drug. The cultivation, processing, sale, and possession of cannabis and products containing cannabis, the manufacture, sale, and possession of cannabis paraphernalia, and advertising the sale of cannabis, cannabis products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction. All cannabis products are intended for personal use only in the jurisdiction in which they are sold. Products sold by Luxley are not intended for resale or interstate transport.

PRODUCT USAGE

This Site and the materials on this Site have been prepared for informational purposes only and makes no claims with respect to the use or consumption of any products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on this Site is not intended to provide medical nor legal advice. Information on this Site is not intended to assess, diagnosis, nor specifically treat any individual’s medical problem(s) or concerns. Information on this Site is also not intended to provide legal advice in relation to the cannabis industry nor any other industry.

Do not operate vehicles or dangerous equipment while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your physician or other health care professional prior to using cannabis. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by Luxley are intended to diagnose, treat, cure, or prevent any disease.

SITE USAGE

Luxley maintains this site for media use as well as your personal entertainment and information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Luxley’s express prior written consent. All rights not expressly granted here are reserved to Luxley.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

CONTENT & IP

The copyrights to all materials, content, and layout of this Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to Luxley, its parents, affiliates, subsidiaries, or third-party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Luxley’s express prior written consent.

Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on this Site is owned or licensed by Luxley or its parents, affiliates, or subsidiaries, and except as specifically allowed herein, may not be used by you without the prior written consent of Luxley or the appropriate owner. Your use of this Site does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site.

Luxley or its parents, affiliates, or subsidiaries is the owner of the Image or licensee of the images and videos located on the Site. Subject to these Terms and Conditions, you may use the Images and Videos solely in whole for editorial use by press and/or industry analysts. This right to use is personal to you and is not transferable by you to another party. Images and Videos cannot be used to promote or sell any product (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the Images and Videos, in whole or in part, for any reason. You, not Luxley or its parents, affiliates, or subsidiaries, are responsible for your use of the Images and Videos. Any misuse of the Images and Videos or breach of these Terms and Conditions may cause Luxley or its parents, affiliates, or subsidiaries irreparable harm.

Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

COMMUNICATION

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Luxley will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Luxley cannot prevent the “harvesting” of information from this Site, and you may be contacted by Luxley or unrelated third parties, by e-mail or otherwise, within, or outside of this Site. Anything you transmit may be edited by or on behalf of Luxley, may or may not be posted to this Site at the sole discretion of Luxley and may be used by Luxley or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Luxley is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. If you transmit any ideas, concepts, materials, or other communications to this Site, you accept that it will not be treated as confidential and may be used by Luxley without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although Luxley may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Luxley is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Luxley assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy to promptly respond to claims of copyright infringement and comply with all provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to info@shemadeinc.com. Be sure to include the following:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. Your address, telephone number and e-mail address; and
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law and a statement by you, made under penalty of perjury, that 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.

We may give notice to our users by means of a general notice on our Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to info@shemadeinc.com includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Luxley may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

WARRANTIES BY USERS

You represent and warrant to Luxley that (a) you have the power and authority to accept and agree to the Terms, (b) you own or control all of the rights necessary to grant the rights and licenses granted herein, and (c) you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights in connection with your access to or use of the Site.

DISCLAIMERS

By entering this Site, you acknowledge and agree that the information is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to those of merchantability, fitness for a particular purpose, or non-infringement, are made with respect to this site or any information or software therein, or any warranties as to the reliability or availability of the Site or the content thereon, that use of the website will be uninterrupted or error free, or warranties as to the completeness, accuracy or timeliness of any Luxley content.

LIMITATION OF LIABILITY

In no event shall Luxley, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Luxley also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video, or audio from the Site or any linked sites.

USER NAME & PASSWORD

You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify Luxley of any unauthorized use of your user name or password or any other breach of security.

LINKING POLICY

This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Luxley. Each linked to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. Luxley does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Luxley does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

TERMINATION

At its sole discretion, Luxley may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you, and without liability to you or any third party.

UNAFFILIATED PRODUCTS & SITES

Descriptions of, or references to, products, publications or sites not owned by Luxley or its affiliates do not imply endorsement of that product, publication or site. Luxley has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.