Terms of Use
Last updated on August 2021
Introduction
THESE TERMS OF USE WAIVE SUBSTANTIAL RIGHTS AND INCLUDE A RELEASE OF LIABILITY AND A LIMITATION OF DAMAGES. YOU
ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO REVIEW THESE TERMS OF USE WITH AN ATTORNEY. YOU ALSO ACKNOWLEDGE THAT YOU
HAVE READ THIS ENTIRE DOCUMENT AND THAT YOU ARE AWARE THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO
THESE TERMS OF USE. YOU HAVE NO OBLIGATION TO USE THE PLATFORM/WEBSITE, THE MOBILE APP OR THE SERVICES, OR AGREE
TO THESE TERMS OF USE, BUT YOU ARE DOING SO VOLUNTARILY AND UNDERSTAND THAT TILES CATALOGUE MAY UPDATE THESE
TERMS OF USE IN ITS DISCRETION. YOUR USE OF THE PLATFORM/WEBSITE AND THE PLATFORM IS EXPRESSLY SUBJECT TO YOUR
ACCEPTANCE OF THESE TERMS OF USE, AND YOU MAY NOT USE THE PLATFORM/WEBSITE UNLESS AND UNTIL YOU HAVE ACCEPTED
AND AGREED TO BE BOUND BY THESE TERMS OF USE.
Welcome to Tiles Catalogue, a virtual marketplace and social platform. Tiles Catalogue through its Platform
(“Platform”) provides you with a means to connect with third parties which will enhance your social
experiences.
Important
We reserve the right, at any time and without prior notice, to remove or disable access to content at our
discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may
include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise
harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide
you personally relevant product features, such as customized search results, tailored advertising, and spam and
malware detection. This analysis occurs as the content is sent, received, and when it is stored. there is no
tolerance for objectionable content or abusive users.
User-Generated Content
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make
available content through the Services including, without limitation, any text, photographs, user videos, sound
recordings and the musical works embodied therein, including videos that incorporate locally stored sound
recordings from your personal music library and ambient noise (“User Content”). Users of the
Services may also extract all or any portion of User Content created by another user to produce additional User
Content, including collaborative User Content with other users, that combine and intersperse User Content
generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items
(as defined and further explained Virtual Items Policy) and other elements provided by Linux Cloud
Technology/Tiles Catalogue (“Linux Cloud Technology/Tiles Catalogue Elements”) onto this User
Content and transmit this User Content through the Services. The information and materials in the User Content,
including User Content that includes Linux Cloud Technology/Tiles Catalogue Elements, have not been verified or
approved by us. The views expressed by other users on the Services (including through use of the virtual gifts)
do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services
(including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to
make contact with other users of the Services, you must comply with the standards set out at “Your Access
to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including
User Content that includes Linux Cloud Technology/Tiles Catalogue Elements, on sites or platforms hosted by
third parties. If you decide to do this, you must comply with their content guidelines as well as with the
standards set out at “Your Access to and Use of Our Services” above. As noted above, these features
may not be available to all users of the Services, and we have no liability to you for limiting your right to
certain features of the Services.
You warrant that any such contribution does comply with those standards, and you will be liable to us and
indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we
suffer as a result of your breach of warranty. Any User Content will be considered non-confidential and
non-proprietary. You must not post any User Content on or through the Services or transmit to us any User
Content that you consider to be confidential or proprietary. When you submit User Content through the Services,
you agree and represent that you own that User Content, or you have received all necessary permissions,
clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to
transmit it from the Services to other third party platforms, and/or adopt any third party content. If you only
own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound
recordings, then you must not post such sound recordings to the Services unless you have all permissions,
clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User
Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully
transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish
and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view,
access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User
Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as
the source of any of your User Content; provided, however, that your ability to provide an image, voice, and
likeness may be subject to limitations due to age restrictions. For the avoidance of doubt, the rights granted
in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound
recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and
publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on
a royalty-free basis. This means that you are granting us the right to use your User Content without the
obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner
(e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights
organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange),
any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User
Content. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a
musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant
through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the
relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must
obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your
User Content or have such music publisher enter into these Terms with us. Just because you authored a musical
work (e.g., wrote a song) does not mean you have the right to grant us the license in these Terms. If you are a
recording artist under contract with a record label, then you are solely responsible for ensuring that your use
of the Services is in compliance with any contractual obligations you may have to your record label, including
if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights.
All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis,
meaning the owners or operators of third party services will not have any separate liability to you or any other
third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content.
By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any
marketing or promotional materials related to such User Content. You also waive any and all rights of privacy,
publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof.
To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert
any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may
have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted
or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their
right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our
or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our
Services if, in our opinion, your post does not comply with the content standards set out at “Your Access
to and Use of Our Services”above. In addition, we have the right – but not the obligation – in
our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these
Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without
any liability to you. As a result, we recommend that you save copies of any User Content that you post to the
Services on your personal device(s) in the event that you want to ensure that you have permanent access to
copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User
Content, and under no circumstances will we be liable in any way for any User Content. You control whether your
User Content is made publicly available on the Services to all other users of the Services or only available to
people you approve. To restrict access to your User Content, you should select the privacy setting available
within the Platform. We accept no liability in respect of any content submitted by users and published by us or
by authorised third parties.
If you wish to file a complaint about information or materials uploaded by other users,
contact us at:
https://Tiles Catalogue.com/contact
. Linux Cloud Technology/Tiles Catalogue takes reasonable measures to expeditiously remove from our Services any
infringing material that we become aware of.It is Linux Cloud Technology/Tiles Catalogue’s policy, in
appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services
who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride
ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the
user community. If you choose to contribute by sending us or our employees any ideas for products, services,
features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio,
visual, games, or other types of content), promotions, strategies, or product/feature names, or any related
documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then
regardless of what your accompanying communication may say, the following terms will apply, so that future
misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that: Linux Cloud
Technology/Tiles Catalogue has no obligation to review, consider, or implement your Feedback, or to return to
you all or part of any Feedback for any reason; Feedback is provided on a non-confidential basis, and we are not
under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any
way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works
of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make
available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose
and without restriction, free of charge and without attribution of any kind, including by making, using,
selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody
Feedback, whether in whole or in part, and whether as provided or as modified.
ARTICLE 1. TERMS OF USE
1.1. These Terms of use (“Terms of use”) established by Tiles Catalogue govern your use of our
Platform (the “Platform”), our Platform/Website, www.Tiles Catalogue.com and https://thehive.TILES
ALBUM.com/ (the “Platform/Websites”). Although you may not be signing a document, your accessing the
Platform, the Platform/Website and use of the services thereon creates a legally binding contract between Tiles
Catalogue, (“Tiles Catalogue”, “us”, “we” or “our”), and You
(“you” or “your”) and (if applicable) the corporate entity. Your acceptance of these
Terms is an express condition of, and governs your access to and use of, Tiles Catalogue’s:
(a) Platform
(b) Platform/Websites, portals, mobile applications, channels, software, social media pages, applications,
platforms (collectively, the “Platform/Websites”)
(c) including any services, features, media, functions, content, tools and links contained or offered therein
(collectively, the “Services”).
(d) wholesale and inventory management platform
1.2. YOU REPRESENT, WARRANT AND COVENANT TO US THAT YOU ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE AND ARE
LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS
OF THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE THE PLATFORM/WEBSITE OR THE APP.
1.3. Some of the Third Parties on the Platform/Websites and Services (and your access to or use therein) may
have additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of such
Platform/Websites and Services (“Additional Terms”). The Additional Terms will be posted on the
applicable Platform/Website or Services. If there is a difference between these Terms and any Additional Terms
for a specific Platform/Website or Service, the applicable Additional Terms shall govern and take precedence
over these Terms.
1.4. If you are using the Platform/Websites or Services on behalf of a business, you certify and declare that
you have the authority to bind the business to these Terms, the Additional Terms, the Privacy Policy, the Data
Policy, the Community Standards and any other related or pertinent agreements. You and/or the business agrees to
hold harmless and indemnify Tiles Catalogue and its affiliates, officers, agents, and employees from any claim,
suit or action arising from or related to the use of the Platform/Websites or Services or violation of these
terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation
costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for
all actions taken under your user ID.
1.5. You have not previously been removed from our Services by us, unless you have our express written
permission to create a new account.
ARTICLE 2. OWNERSHIP OF SERVICE
2.1. Tiles Catalogue is the owner, or authorized licensee, of all content displayed on or by the Services,
including but not limited to text, graphics, visual interfaces, audio interfaces, drawings, artwork,
photographs, trademarks, copyrights, music, sounds, software, and computer code (collectively
“Content”).
2.2. We may, at any time and within our sole discretion, modify, alter, delete, add or otherwise change the
Content.
2.3. Tiles Catalogue grants you a limited, non-transferable license to use the Services and Content as provided
for herein. You may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy,
republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or
adaptations of, publicly display, or in any way exploit any of the Tiles Catalogue Content, Platform/Websites,
or the Services or any of the IP Rights of Tiles Catalogue, in whole or in part, unless expressly authorized by
us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied
rights, and all rights in and to the Platform/Websites and the Tiles Catalogue Content are retained by us.
2.4. This license does not include (i) any resale or commercial use of the Platform/Websites or Services, or
their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any
product or Tiles Catalogue client listings, descriptions, prices, or any other Platform/Website Content; (iii)
any derivative use of any of the Platform/Websites or Services or Platform/Website Content; or (iv) any use of
data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in
these Terms, any Additional Terms, the Privacy Policy, or Data Policy are reserved and retained by TILES ALBUM.
You may not use any meta-tags or any other “hidden text” utilizing Tiles Catalogue’s name or
trademarks or other IP Rights without the express written consent of Tiles Catalogue. The licenses granted by
Tiles Catalogue shall immediately terminate should you fail to comply with these Terms, any Additional Terms, or
the Privacy Policy.
2.5. There may be some applications of the Platform/Website and/or the Service that will require you to install
and use software made available by Tiles Catalogue. Subject to these Terms, the Additional Terms, the Privacy
Policy, the Data Policy and Community Standards, Tiles Catalogue grants you a non-transferable, non-exclusive
license to install and use said software for your mobile devices (“Mobile App”), in executable
object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. You
acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from
which you received the Mobile App (“App Platform”). You acknowledge that these Terms concern you and
Tiles Catalogue, and not the App Platform. The App Platform is not responsible for the Mobile App, the content
therein, maintenance, support services, and warranty therefore. Each App Platform may have Additional Terms to
which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to
use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms and conditions of
use/service, and other policies of the applicable App Platform.
2.6. There may be occasions when the Services may be interrupted, including, without limitation, for scheduled
maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Tiles Catalogue will not be held responsible for any such interruptions.
2.7. Tiles Catalogue reserves the right to remove any Content and/or User Engagement from the Services for any
reason without prior notice. Content and/or User Engagement removed from the Services may continue to be stored
by Tiles Catalogue including, without limitation, in order to comply with certain legal obligations, but may not
be retrievable without a valid court order. Tiles Catalogue is not a backup service and User agrees that User
will not rely on the Services for the purposes of content backup or storage. Tiles Catalogue will not be liable
to User for any modification, suspension, or discontinuation of the Tiles Catalogue Services or the loss of any
Content or User Engagement. User also acknowledges that the internet may be subject to breaches of security and
that the submission of User Engagement or other information may not be secure. User is expressly and solely
responsible for User’s own security when using the Services. User Engagement is defined in Article 4,
Paragraph 4.1 (g).
ARTICLE 3. USER REGISTRATION,PASSWORDS AND SECURITY
3.1. You must register to gain access to the Platform. Registering entails providing information that may be
deemed personal. Any personal information that you provide as part of your use of the Services will be held and
used in accordance with our Privacy Policy.
3.2. You are solely responsible for maintaining the confidentiality of your password and the other Protected
Information (as defined below) and for restricting access to your account so that others may not access any
password-protected portion of the Platform/Websites or Services using your Protected Information.
3.3. If you use Services in a way that requires you to create a username and/or password, then you agree that
you are solely responsible for keeping such information secret and confidential.
3.4. You agree to accept responsibility for all activities that occur under your username, including but not
limited to all submissions, comments and other communications.
3.5. You are responsible for changing your password if you believe that your password has been stolen, lost,
compromised or might otherwise be misused. You agree to notify Tiles Catalogue immediately of any unauthorized
use of your username or password, or if you suspect any other security breach. We reserve the right, at any time
and in our sole discretion, to suspend or terminate your ability to access or use the Services.
3.6. You may not register a username (or email address) that:
(a) is already being used by someone else;
(b) may impersonate another person:
(c) belongs to another person;
(d) violates the intellectual property or other right of any person or entity; or
(e) is offensive.
Violation of any of the above may be a basis for rejection.
3.7. You will provide true, accurate, current, and complete registration information about yourself in
connection with the registration process and, as permitted, to maintain and update it continuously and promptly
to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated,
or incomplete, Tiles Catalogue may suspend or terminate your account and refuse you any and all current or
future access to or use of the Platform/Websites and Services (or any portion thereof). If you fail to update
your information in a timely manner, then Tiles Catalogue has reasonable grounds to suspect that such
information is untrue, inaccurate, outdated or incomplete, which will allow Tiles Catalogue to suspend or
terminate your account and refuse you any and all current or future access or use of the Platform/Websites and
Services (or any portion thereof).
3.8. You will not sell, transfer, assign, or provide a copy of your account, account rights, user ID, password,
API keys, menu embed code, or other credentials or access rights (the “Protected Information”) for
any of the Platform/Websites or Services to any other person or entity. You must keep all of the Protected
Information in strict confidence.
3.9. You will not share or allow any third party to utilize your account on your behalf or on a time share
basis.
3.10. You will not create more than one account unless specifically authorized to do so.
3.11. You will not use Protected Information of others.
3.12. Tiles Catalogue is not liable for any loss or damage (of any kind and under any legal theory) to you or
any third party arising from your inability or failure for any reason to comply with any of the foregoing
obligations.
3.13. If any information that you provide, or if we have reasonable grounds to suspect that any information that
you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional
Terms, the Privacy Policy, the Data Policy, the Community Standards, or any applicable law, then we may suspend
or terminate your account, User Profile, and access to and use of the Platform/Websites and Services at our sole
discretion and without advance notice or liability.
3.14. Your User Profile cannot be used to conduct commercial activities, including, but not limited to,
transactions, advertising, fundraising, contests, or other promotions absent our prior written consent. We may
offer you the ability to set preferences relating to your User Profile, but changes to your settings may not
become effective immediately or be error free, and options may change from time-to-time. Tiles Catalogue assumes
no responsibility or liability for any issues, problems, or Content on your User Profile.
3.15. User Profiles may only be set up by an authorized representative of the individual or business that is the
subject of the User Profile. Tiles Catalogue does not review each User Profile to determine if it was created by
an appropriate party. In addition, Tiles Catalogue is not responsible for any unauthorized User Profiles that
may appear on the Services. If you believe that a User Profile listed on one of the Platform/Websites is
unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to
customerservice@Tiles Catalogue.com and/or report it as instructed on the Platform/Website.
3.16. You will immediately notify us of any unauthorized use of your Protected Information, or any other breach
of security.
ARTICLE 4. USER CONTENT
4.1. Definitions:
(a) “Content” includes all text, images, photos, audio, video, graphics, reviews, location data, and
all other forms of data, communication, or media,
(b) “User Content” means Content submitted by or transmitted from users on Platform/Websites or
Services. This includes but is not limited to ratings, reviews, orders, favorites, photos, videos, media,
messages, social media posts or Services, comments, and information that such user publicly displays or
displayed in its User Profile, and including any electronic data or information with respect to a User’s
Publics,
(c) “Tiles Catalogue Content” is Content owned and/or is generated by us and made available to Users
via the Platform/Websites or Services,
(d) “Third Party Content” is Content that originates from parties other than Tiles Catalogue or
Users on the Platform/Websites or Services, and available on the Platform/Websites or Services,
(e) “Platform/Website Content” is all of the Content on the Platform/Websites or Services, including
User Content, Third Party Content (and Third Party Material (as defined below), and TILES ALBUM Content.
(f) “User Comments” refer to comments submitted, posted, or displayed by Users.
(g) “User Engagement” collectively refers to User Submissions and User Comments.
4.2. You are solely responsible for any event listing, personal match information, photo, comment, or other
information (collectively, “Content”) that you publish or display (“post”) on Service
and for any material or information that you send to other users, if applicable. Content you submit may not, at
the TILES ALBUM’s discretion, be posted by Tiles Catalogue. Once posted on the Platform/Websites or on the
Internet, it is not always possible to remove, especially if multiple copies exist. When User Content is
uploaded to the Platform/Websites or Services, or posted on any social media platforms with a tag or reference
to Tiles Catalogue, you give Tiles Catalogue complete permission to make it available in multiple forms,
including, without limitation, on any of our social media accounts, email newsletters, or any digital or print
promotional materials. If any of your User Content is acquired and used by a third party in a way that violates
these Terms, any Additional Terms, the Privacy Policy, the Data Policy and the Community Standards, you agree
that Tiles Catalogue can take legal action against the third party and that Tiles Catalogue shall not be
obligated to distribute any recovered sums to you that may be obtained in connection with such legal
proceedings.
4.3. You agree not violate any applicable laws and/or regulations while using the Services.
4.4. By posting content on the Service, you grant Tiles Catalogue a non-exclusive, fully paid, worldwide license
to use or display such Content in whatever way Tiles Catalogue chooses. This license shall remain in effect upon
you terminating the use of the Services.
4.5. You represent and warrant that:
(a) You either own, or have the necessary licenses, rights, consents, and/or permissions, for the content and
authorize TILES ALBUM, its applicable affiliates, the Platform/Websites, the Services, and all users thereof, to
use such User Content as necessary to exercise the licenses granted by you hereunder (including with respect to
all patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights to your
User Content, and to any other works that you incorporate into your User Content);
(b) Your Content does not violate the privacy, publicity or intellectual property rights of any person or
entity,
(c) You agree to pay for any royalties and/or fees owing any person by reason of any Content you post on
Service.
(d) You are entirely responsible for anything you submit to the Platform/Websites or Services and agree that
Tiles Catalogue does not have to post or keep posted anything you provide. Once posted on the Platform/Websites
or on the Internet, it is not always possible to remove, especially if multiple copies exist. When User Content
is uploaded to the Platform/Websites or Services, or posted on any social media platforms with a tag or
reference to Tiles Catalogue, you give Tiles Catalogue complete permission to make it available in multiple
forms, including, without limitation, on any of our social media accounts, email newsletters, or any digital or
print promotional materials. If any of your User Content is acquired and used by a third party in a way that
violates these Terms, any Additional Terms, the Privacy Policy, the Data Policy, or the Community Standards you
agree that Tiles Catalogue can take legal action against the third party and that Tiles Catalogue shall not be
obligated to distribute any recovered sums to you that may be obtained in connection with such legal
proceedings;
(e) the creation, distribution, transmission, public display and performance, accessing, downloading, and
copying of your User Content does not and will not infringe the proprietary rights or otherwise cause injury to
any other person or entity, including any such person or entity using the Platform/Websites, Services, or
otherwise, and that Tiles Catalogue is under no obligation to post any User Content that you provide and
reserves the right to post our own versions of your User Content as Tiles Catalogue Content in our sole
discretion;
(f) You fully assign Tiles Catalogue the right to pursue enforcement of copyright, trademark, trade secret, and
other intellectual property related claims against third parties that have, without receiving proper
authorization, and in violation of these Terms, any Additional Terms or the Privacy Policy, scraped,
manipulated, copied, derived, distributed, or otherwise improperly or illegally used and benefited from User
Content that has been provided to TILES ALBUM by you;
(g) You have the written consent, release, and/or express permission of each and every identifiable person in
your User Content to use such person’s name, likeness, and/or other identifiable information in your User
Content for any use permitted by these Terms, any Additional Terms, and the Privacy Policy;
(h) You will not post, transmit, broadcast, or otherwise make available any User Content that is unlawful,
misleading, harmful, bigoted, offensive, profane, insensitive, obscene, lewd, lascivious, filthy, violent,
tortious, libelous, slanderous, pornographic, threatening, abusive, harassing, tortious, defamatory, vulgar,
invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise
objectionable (hereinafter, “Offensive Content”);
(i) You will not impersonate any person, or misrepresent our identity or affiliation with any person or
organization;
(j) You will not give the impression that any activity engaged in by you and not approved by Tiles Catalogue is
from or are endorsed by Tiles Catalogue, or any other person or entity, if that is not the case;
(k) that you are at least twenty-one (21) years old, as applicable, and you acknowledge that persons under that
age may not submit User Content to the Platform, the Platform/Websites, or the Services; and
(l) that Tiles Catalogue may, in its sole discretion, monitor the User Content you submit and any other
communications that you may have, but is under no obligation to do so.
4.6. By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your
User Content contains material that is false, intentionally misleading or defamatory, violates any third-party
right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity,
or any other intellectual property or proprietary right, contains material that is unlawful, including illegal
hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any
law or regulation.
4.7. You irrevocably waive, and cause to be waived, against TILES ALBUM and its users, any claims and/or
objections from third-parties with respect to your User Content.
4.8. Tiles Catalogue does not guarantee the accuracy, integrity, quality, or authenticity of any User Content.
In the event that you find any Offensive Content during your use of the Platform/Websites and Services
unpleasant, indecent, or objectionable you acknowledge and agree that Tiles Catalogue will not be liable in any
way for any such Offensive Content, including, but not limited to, any errors or omissions in any Offensive
Content, or any loss or damage of any kind incurred as a result of any Offensive Content uploaded, posted,
transmitted, broadcast, transferred, or otherwise made available via Tiles Catalogue, the Platform/Websites,
Services, or any related process or venue.
ARTICLE 5. REVIEW AND EDIT OF USER CONTENT
5.1. We reserve the right to review and, if necessary, delete any Content that in the sole judgment of Tiles
Catalogue would violate these Terms of Use or which may be offensive, illegal or violate the rights of any other
user. Prohibited Content includes Content that:
(a) is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or
individual, or otherwise violates any federal, state or local laws or ordinances, or
(b) harasses or advocates harassment of any group or individual, or
(c) involves the transmission of junk mail, chain letters, or spam, or
(d) is known to be false or misleading, or promotes illegal activities, or
(e) promotes an illegal or unauthorized copy of another’s copyrighted work, or
(f) contains restricted or password-only access pages or hidden pages or images, or
(g) provides material that is sexual in nature, or
(h) provides instructional information about illegal activities, or
(i) solicits passwords or personal identifying information for commercial or unlawful purposes, or
(j) is irrelevant to the stated purpose of Tiles Catalogue.
5.2. If you believe that your Content should not be removed, you may submit the basis of your belief to Tiles
Catalogue and it will be reviewed for reconsideration. Once Company completes its review, you will be notified
of the decision. All decisions made by Company shall be final.
5.3. It is Tiles Catalogue’s policy, in appropriate circumstances and at its discretion, to disable,
eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged
with infringing the copyrights of others.
5.4. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can
be found on the U.S. Copyright Office Platform/Website, Tiles Catalogue will respond appropriately to claims and
reports of copyright infringement taking place on or through the Platform/Websites. You may not post, upload, or
otherwise place any content or information on the Site that belongs to a third party, unless you have the legal
right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Site without
authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent
either by mail to Copyright Agent (Legal), About, 28 Liberty Street, 7th Floor, New York, NY, 10005 or in an
email to SafeHarborAgent@About.Com. This contact information is only for suspected copyright infringement.
Please include the following:
(a) Your physical or electronic signature.
(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple
works on the Site, a representative list of such works.
(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to
locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of
that web page.
(d) Adequate information by which we can contact you (including your name, postal address, telephone number and
email address).
(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the
copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the written notice is accurate and that you
are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is
infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
It is the policy of Tiles Catalogue to disable the accounts of users who repeatedly post infringing material on
the Site.
5.5. If you believe that your User Engagement that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or
pursuant to the law, to post and use the material in your User Engagement, you may send a counter-notice
containing the following information to owner’s Copyright Agent:
(a) Your physical or electronic signature;
(b) 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 disabled;
(c) The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the
material was removed or disabled as a result of mistake or a misidentification of the material to be removed or
disabled”; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction
the Federal District Court for the juridical district in which the User is located or, if the User is outside of
the United States, for any judicial district in which Tiles Catalogue may be found, and a statement that you
will accept service of process from the person who provided the original DMCA notification of the alleged
infringement or an agent of such person.
5.6. If a counter-notice is received by owner’s Copyright Agent, Tiles Catalogue may send a copy of the
counter- notice to the original complaining party informing that person that it may replace the removed User
Engagement or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court
order against the User who provided the User Engagement, the removed User Engagement may be replaced, or access
to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Tiles
Catalogue’s sole discretion.
ARTICLE 6. LICENSE TO USER AND THIRD PARTY CONTENT/DATA
6.1. Tiles Catalogue acknowledges that all User Content you post or make available on the Platform/Website or
Services are owned by you, but you grant Tiles Catalogue a license in perpetuity and transferable rights and
licenses:
(a) to host, cache, store, archive, index, crawl, create algorithms based on, modify, or transcode your User
Content to media formats, standards, or mediums in any and all forms and by whatever means whether now known or
hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating
thereto and derived therefrom;
(b) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, commercialize, publicize,
display, modify, adapt, edit, excerpt, communicate, translate, analyze, remove, prepare derivative works and
compilations of, compress, transmit, integrate, insert, market, and promote your User Content in any and all
forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any
and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
(c) to use your User Content, in whole or in part, for advertising, promotional, or commercial purposes,
including without limitation, the right to publicly display, reproduce, and distribute your User Content in any
and all forms and media and by whatever means whether now known or hereinafter devised or created, and to
exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom; and
(d) to grant any rights or licenses to any third parties to do any of the foregoing in the above clauses (a)
– (c) in connection with their own Platform/Websites and media platforms.
6.2. You hereby grant Tiles Catalogue the right and license to use any data, images, or information that is
pushed or otherwise transferred to us through any of our APIs by you or by any third party on your behalf
(“Licensed Data”) for any purpose relating to any of the businesses of Tiles Catalogue or for any
purpose relating to the Platform/Websites or Services, including in connection with displaying any data, images,
or information on the Platform/Websites. You acknowledge and agree that we shall have the right to reformat,
improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall
exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations,
analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data
prepared by Tiles Catalogue shall be owned exclusively by us.
ARTICLE 7. USE OF SERVICES
You acknowledge that your use of the Platform/Website and Services is subject to Federal, State and Local laws
and regulations, and that you will abide by such.
7.1. Cannabis Locator. The Services may include information and/or listings showing where cannabis and cannabis
goods may be available. Any such information and/or listings are provided by licensed cannabis businesses and
other users of the Services, and Tiles Catalogue may or may not verify such information and/or listings. You
agree that any information that you post and/or listings that you create shall contain true and accurate
information and that you will update any such information and/or listings in a timely manner. Availability,
pricing, and other information are subject to change at any time. You agree that Tiles Catalogue is not
responsible for, and may not be held liable for, checking and/or ensuring the accuracy of any information
related to the availability of any cannabis or cannabis goods that are listed on the Services, and that you are
solely responsible for your use of locator information and/or listings that may be found within the
Services.
7.2. Cannabis Experience. As part of the Services, users are permitted (in accordance with the Terms) to provide
descriptions of cannabis and cannabis goods, including but not limited to look, smell, taste, and effects. Some
users may also discuss medicinal benefits or side effects that they believe they have experienced from the use
of cannabis/goods. We do not verify any user claims related to cannabis/goods, and you agree that you are
responsible for obtaining any additional information that you believe may impact your choice of
cannabis/cannabis goods, including effects, price and other factors. If you provide any descriptions,
experiences, medicinal effects, or other information, then you represent that such information is accurate and
based on your own contact with the cannabis/goods that you are commenting on. You agree that Owner is not
responsible for, and may not be held liable for, the accuracy of any information related to the properties
and/or effects of cannabis/cannabis goods, nor the actual effects that you may experience from cannabis/cannabis
goods, and that you are solely responsible for your use of cannabis/cannabis goods.
7.3. User Representations, Warranties, and Covenants Regarding Orders. By using Web Orders (third-party,
unaffiliated vendors), you represent, warrant and covenant that:
(a) You will upload and maintain in your User Profile a valid, unexpired government-issued identification card
and, if you will be ordering medical cannabis, a recommendation for medical cannabis that is valid in the
applicable jurisdiction in which you place an order via Web Orders, and that
(b) Your use of the Platform/Websites and the Services, including Web Orders, does not violate any applicable
state or local law, including any legal requirements for orders you place through Web Orders. Upon delivery or
pick-up, as applicable, you agree to present a government-issued identification card evidencing your age as well
as your original recommendation if you order cannabis. If you do not comply with these terms regarding Web
Orders, you agree that cannabis products may not be released to you by the applicable Retailer, and you may
forfeit the cost of such products.
7.4. Purchases. Some retailers allow online ordering of cannabis/goods, including retailers that allow users to
pay for purchases through Service. You are solely responsible for ensuring that your use of online ordering
complies with your state and local laws, and you will not utilize the Services in a manner that would violate
the cannabis laws where you live or where you are ordering from/to (in case of delivery). Retailers are
responsible for ensuring that customers are eligible to place orders, that customers are notified of changes to
available inventory, and that all orders are process in compliance with the laws and regulations governing the
retailers operations. You agree that Tiles Catalogue is not responsible for, and may not be held liable for, the
accuracy of menus provided by retailers, the accuracy and functionality of online ordering, payment processing,
preparation of cannabis/goods pursuant to an online order, or any other aspect of the online ordering
experience. Payments that are made through Tiles Catalogue are governed by the terms of use and privacy policy
of the financial institution processing the payment.
7.5. Third Party Materials. The Platform/Website or Services might display, include, or make available
Third-Party Content (including data, information, articles, applications or other products, services, and/or
materials) or contain links to third-party Platform/Websites, services, and advertisements for third-party
Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree
that Tiles Catalogue is not responsible for Third-Party Materials, including their accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Tiles
Catalogue does not assume and 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 thereto are provided solely as a convenience to
you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the
applicable third-party’s terms and policies apply, including the third-party’s privacy and data
gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding
with any transaction in connection with such Third-Party Material.
7.6. The Platform/Website or Services might display, include, or make available coupons, promotional codes,
giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the
“Offers”). Offers constitute “Third-Party Materials” under these Terms. Tiles Catalogue
displays these Offers on the Platform/Website and Services as a form of advertisement for the listing dispensary
or other third party (the “Offeror”) only. All Offers are made 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 terms, conditions, or restrictions are expressly included on the Platform/Website or
Services. The Offeror, and not Tiles Catalogue, is solely responsible for:
(a) redemption of the Offer;
(b) compliance of all aspects of the Offer with applicable law (including, without limitation, the
advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services
it provides to you in connection with the Offer; and
(d) 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 an Offer or not.
7.7. Social Media. Tiles Catalogue may also provide users with the ability to login to the Platform/Websites or
Services with your login credentials from certain social networking Platform/Websites (e.g., Facebook,
LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social
networking or similar Platform/Website, we may use any information about you that is from or otherwise posted on
your social networking account, in accordance with the terms and conditions and related legal and user policies
of the relevant social networking Platform/Website. If you elect to share your information with any number of
social networking Platform/Websites, we will then share your information with the Platform/Websites you name, in
accordance with your election, and per their terms and conditions.
7.8. Event Listings. Our Services allow Organizers to list and Users to search for events. Use of the Services
are subject to the following:
(a) Tiles Catalogue is NOT the creator, organizer or owner of the events listed on the Services, unless the
event is specifically designated a Tiles Catalogue event. Users agree that Tiles Catalogue is not responsible
for, and may not be held liable for, the accuracy of any information related to events that are listed on the
Services, and that Users are solely responsible for checking on the time, place, date and other information
provided as part of such event listing.
(b) Reference to “Organizer,” in these Terms means event creators using the Services to list events
displayed on the Services for consumers using our Services (“Consumers”).
(c) Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively
as “Users,” “you” or “your.”
(d) Any Organizer that posts an event listing represents and warrants that such Organizer shall provide accurate
information, including any limitations on who may attend, and that such information shall be updated as
needed.
(e) Organizers who post event listings are solely responsible for the content thereof, and Tiles Catalogue is
not responsible for verifying details of any such listings.
(f) If you list or participate in an event listed on the Services, or you provide event information to another
Consumer based on information found within the Services, then you agree that TILES ALBUM is not responsible for
any damages that may be incurred as a result of your event listing or participation.
(g) The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the
event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and
that the goods and services described on the event page are delivered as described and in an accurate
satisfactory manner.
(h) If there is a charge to Consumer for any event listed on the Platform, the payment method for Consumer will
be arranged by Company and Consumer will be directed to the third party payment site.
(i) If you are an Organizer, you represent, warrant and agree that (a) you will at all times comply with all
applicable local, state, provincial, national and other laws, rules and regulations with respect to information
you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies
posted on the Services with respect to information you collect from (or receive about) consumers.
(j) Tiles Catalogue may terminate your right to use the Services at any time (i) if you violate or breach these
Terms; (ii) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Tiles
Catalogue; or (iii) if allowing you to access and use the Services would violate any applicable local, state,
provincial, national and other laws, rules and regulations or would expose Tiles Catalogue to legal liability.
Tiles Catalogue may choose to stop offering the Services, or any particular portion of the Service, or modify or
replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our
termination of your access to the Services, where, in Tiles Catalogue’s sole discretion, failure to do so
would materially prejudice you. You agree that Tiles Catalogue will not be liable to you or any third-party as a
result of its termination of your right to use or otherwise access the Services.
(k) You acknowledge that Tiles Catalogue has no control over and does not guarantee the quality, safety,
accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information
provided by Users (including the Consumer’s personal information shared with Organizers in connection with
events) or the ability of any User to perform or actually complete a transaction. Tiles Catalogue has no
responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third
parties that Tiles Catalogue requires to provide the Services, that an Organizer chooses to assist with an
event, or that you choose to contract with when using the Services.
(l) You understand and agree that some events may carry inherent risk, and by participating in those events, you
choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury,
disability, or death, and you freely and willfully assume those risks by choosing to participate in those
events.
(m) If you are an Organizer, without limiting the generality of any representations or warranties provided
elsewhere in these Terms of use, you represent and warrant to us that:
(i) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits,
and authorizations (individually and collectively, “Licensure”) with respect to events hosted by you
or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire
marshal permits;
(ii) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your
affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances. 7.9.
Personal Matches. We offer a forum for users to find and make contact with potential personal matches through
the Services. Any user who wishes to utilize the personal match availability agrees that all information
uploaded into that section of the Services shall be true and accurate, that photos posted shall be of the user,
and that information will be updated as necessary. If you utilize any chat or instant message features
associated with personal matches, you acknowledge and agree that Tiles Catalogue is not responsible for the
content of any message you may receive from another user, nor does it guarantee that any such content is
accurate. You agree that Tiles Catalogue is not responsible, and may not be held liable for, any inaccurate or
false information that is posted by a user of the Services.
We strongly recommend that you take precautions prior to meeting anyone that you meet through the Services,
including but not limited to notifying friends and family of your expected whereabouts and with whom you will be
meeting. You agree that Tiles Catalogue is not responsible for any damages that may be incurred as a result of
your personal match with another user.
In addition, You warrant and represent that:
(a) You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar
severity), a sex crime, or any crime involving violence;
(b) You are not required to register as a sex offender with any state, federal or local sex offender
registry;
(c) You are not on any list of individuals prohibited from conducting business with the United States;
(d) You are not prohibited by law from using our services;
(e) All content submitted by you was written by you and not created by a third party or automatically
generated;
(f) You will not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
(g) You will not solicit money or other items of value from another user, whether as a gift, loan, or form of
compensation;
(h) You will not use our Services in relation to fraud, a pyramid scheme, or other similar practice;
(i) You will not express or imply that any statements You make are endorsed by Tiles Catalogue; and/or
(j) You will not engage in any conduct that may harm the reputation of Tiles Catalogue.
The content included on your individual profile should be relevant to the intended use of our Services. You may
not display any personal contact or banking information, whether in relation to you or any other person (for
example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or
other banking details). If you choose to reveal any personal information about yourself to other users, you do
so at your own risk. We encourage you to use caution in disclosing any personal information online.
Other users will also share content on our Services. Member Content belongs to the user who posted the content
and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation
to Member Content, and you may only use Member Content to the extent that your use is consistent with our
Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member
Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We
reserve the right to terminate your account if you misuse Member Content.
7.10. Video images, posts.
(a) You shall be solely responsible for your own User Engagement as defined in Article 4 above, and the
consequences of posting or publishing User Engagement.
(b) In addition to the general restrictions above, the following restrictions and conditions apply specifically
to your User Comments:
(i) You may be given the opportunity to review and post User Comments on the Services. Your User Comments must
adhere to this Agreement, any additional applicable terms of the mobile application store or marketplace where
you have downloaded such Services, and, to the extent applicable, foreign, national, state, or local laws. If a
comment is made using your identity, it will be deemed to have been posted by you. Tiles Catalogue will not
accept responsibility for User Comments and other information posted in the comments. If Tiles Catalogue
receives notice that any User Comments are not in compliance with this Agreement or the intended use of the User
Comments, Tiles Catalogue may remove such User Comments. Additionally, engaging in such conduct may result in
you and/or your account being banned from the Services.
(ii) User Comments are made available to you for your information and personal use solely as intended through
the normal functionality of the Services. User Comments are made available AS IS and may not be used, copied,
reproduced, displayed, sold, licensed, downloaded, distributed, transmitted, broadcast, or otherwise exploited
in any manner not intended by the normal functionality of the Services or otherwise as expressly authorized
under this Agreement.
(c) In addition to the general restrictions above, the following restrictions and conditions apply specifically
to your User Submissions–you affirm, represent, and/or warrant that the Services may now or in the future
permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Tiles Catalogue does not guarantee any confidentiality
with respect to any submissions.
(d) You additionally affirm, represent, and warrant that the posting and use of your User Engagement on or
through the Tiles Catalogue Services does not violate, misappropriate or infringe on the rights of any third
party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other
intellectual property rights.
(e) You agree to pay for all royalties, fees, and any other monies owed by reason of your User Engagement that
you post on or through the Services.
(f) Tiles Catalogue does not endorse any User Engagement or any opinion, recommendation, or advice expressed
therein, and Tiles Catalogue expressly disclaims any and all liability in connection with User Engagement. Tiles
Catalogue does not permit copyright infringing activities and infringement of intellectual property rights on
its Services, and Tiles Catalogue will remove all Content and User Engagement if properly notified that such
Content or User Engagement infringes on another’s intellectual property rights. Tiles Catalogue may, but
has no obligation to, remove, edit, block, and/or monitor User Engagement or accounts containing User Engagement
that Tiles Catalogue determines in its sole discretion violates this Agreement. Tiles Catalogue will also
terminate a User’s access to the Services, if they are determined to be a repeat infringer. A repeat
infringer is a User who has been notified of infringing activity more than twice and/or has had User Engagement
removed from the Services more than twice.
(g) Tiles Catalogue reserves the right to determine in its sole discretion whether Content or User Engagement is
appropriate and complies with this Agreement for violations other than copyright infringement and violations of
intellectual property law, including, but not limited to, pornography, obscene or defamatory material, hate
speech, or excessive length. Tiles Catalogue may, at any time, without prior notice and in its sole discretion
remove such User Engagement and/or terminate a User’s access for submitting such material in violation of
this Agreement.
(h) You understand that when using the Services, you will be exposed to User Engagement from a variety of
sources. Tiles Catalogue is not responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Engagement. You understand and agree that Tiles Catalogue cannot and will not
be responsible for the User Engagement posted on the Services and you use the Services at your own risk. You
further understand and acknowledge that you may be exposed to User Engagement that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Tiles Catalogue with respect thereto to the fullest extent permitted by
law.
7.11. Contests. Tiles Catalogue provides a platform to allow Users to participate in various contests. Contests
may be created, administered and/or controlled by Third Parties. We simply list links to them for the value of
our Users. We are not a merchant and do not deliver anything you find on those sites ourselves. We are not
responsible for any item found on those sites. We do not handle support calls, emails or written requests for
those items.
(a) Users of those Sites are responsible for complying with the tax laws, rules and regulations that may govern
the Contests and any prizes that may be awarded in any Contest. User acknowledges and agrees that Contests are
subject to the laws of the state where they are created, administered, and/or the residence of the User.
(b) There may be tax consequences as a result of prizes won in any listed contest. User must take all necessary
steps to ensure compliance with any applicable tax laws or regulations. Tiles Catalogue does not provide tax,
investment, or financial services with regard to any prizes that may be connected to the Contests. Any
information regarding prizes and tax implications available through contests posted on the Site by third parties
is provided solely for informational purposes on an “as is” basis at User’s sole risk. Tiles
Catalogue makes no warranties or representations with regard to said information. Tiles Catalogue makes no
guarantees as to the accurateness, quality, or completeness of the information and TILES ALBUM shall not be
responsible or liable for any error, omissions, or inaccuracies in the information or for any User’s
reliance on the information.
(c) User is solely responsible for verifying the information as being appropriate for user’s personal use,
including without limitation, seeking the advice of a qualified professional regarding any specific financial
questions a user may have.
(d) Content on the Platform may be provided by independent outside Contributors. Tiles Catalogue does not
represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has
any specific qualifications or credentials, without limitation, as to the subject matter to which their
contributions relate.
(e) Any reference to information about the Contributor by TILES ALBUM is based on information provided by
Contributor, and does not reflect any opinion by Tiles Catalogue of the ability or veracity of Contributor.
(f) Tiles Catalogue is not obligated to monitor or independently research or verify any content of Contributor,
nor does Tiles Catalogue represent or warrant the accuracy, completeness or truthfulness of the qualifications
or credentials of any Contributor, nor of any other Users of the Site.
(g) Postings on the Platform are intended to be provided for general information purposes only and can never
take into account your unique, personal circumstances and needs. User acknowledges and agrees that any reliance
or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and TILES
ALBUM shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that
communications on or through the Site, whether with Contributors or other users, are at your own risk and are
not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own
professional advice (e.g., from a financial advisor).
7.12. Indemnity and Release. You agree to indemnify and hold TILES ALBUM (and its directors, managers, officers,
partners, employees, independent contractors, and agents, and successors and assigns of itself or its
affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards,
penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to
any claim or demand made by any third party due to or arising out of or otherwise relating to:
(a) Your use or misuse of the Platform/Websites or Services,
(b) Your User Content,
(c) Your violation of these Terms, any Additional Terms, or the Privacy Policy, or
(d) Your violation of applicable laws or regulations.
Tiles Catalogue reserves the right, at Your expense, to assume the exclusive defense and control of any matter
for which You are required to indemnify us or any other indemnitee hereunder and You agree to cooperate with our
defense of these claims. You agree not to settle any matter without the prior written consent of TILES ALBUM.
Tiles Catalogue will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming
aware of it.
7.13. If there is a dispute between users of the Platform/Websites or Services, including between Publics and
Retailers (each, a “Dispute”), you understand and agree that Tiles Catalogue and its affiliates
(including the Platform/Websites and the Services, including Web Orders) are under no obligation to become
involved in such Dispute.
7.14. You hereby release and forever discharge Tiles Catalogue (and its directors, managers, officers, partners,
employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from,
and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute,
claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature
(including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out
of, or relates directly or indirectly to, any interactions with, or act or omission of, other Platform/Websites
or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any
dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or
in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right,
obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or
undisclosed.
If you are a California resident or resident of a state with a similar applicable law, you hereby waive
California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in
your state), which states: “a general release does not extend to claims which the creditor does not know
or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.”
ARTICLE 8. USER CONDUCT
8.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules and
regulations that may apply to your use of the Platform/Websites or Services. In connection with your access or
use of any of the Platform/Websites or Services, you may not and will not:
(a) upload, post, transmit, broadcast or otherwise make available any Offensive Content, including any User
Content that is unlawful, libelous, defamatory or otherwise objectionable;
(b) breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your
account status;
(c) review the information and data on our Platform/Websites, and/or utilize our Services if you are not able to
form legally binding contracts (for example, if you are under the age of 21), or are temporarily or indefinitely
suspended from using our Platform/Websites or Services;
(d) upload, post, transmit, broadcast, sell, transfer or otherwise make available any User or Platform/Website
Content that is inauthentic, counterfeit, or that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) register for more than one User Profile on any of the Platform/Websites, or register for a User Profile on
behalf of an individual other than yourself, or a company that you are not authorized to represent or legally
bind to a contract;
(f) manipulate the price of any item or interfere with any other user’s listings, reviews, and
products;
(g) take any action that may undermine the feedback or ratings systems of the Platform/Websites or Services;
(h) transfer your User Profile to another individual or entity without our prior written consent;
(i) distribute, promote, advertise, or post spam, unsolicited or bulk electronic communications, chain letters,
pyramid schemes or any related content;
(j) interfere with or disrupt any Platform/Website processes, servers or networks supporting the
Platform/Websites and/or TILES ALBUM;
(k) impair or harm any of our computer or related systems or transmit software viruses, worms, or other damaging
files;
(l) use any robot, spider, scraper, survey, monitor or other automated or similar means to access any web page
or other asset contained in the Platform/Websites, Services or Platform/Website Content for any purpose;
(m) bypass our robot exclusion headers, interfere with the working of our Services, features or tools, or impose
an unreasonable or disproportionately large load on our infrastructure;
(n) export or re-export any Tiles Catalogue’ application or tool except in compliance with the export
control laws of any relevant jurisdictions and in accordance with all relevant posted rules and
restrictions;
(o) insult, threaten, stalk, harass, mislead or deceive other users of the Platform/Websites or Services, or in
any way promote the discrimination or defamation of other users, or create any other objectionable material;
(p) intentionally or unintentionally violate any applicable local, state, national or international law, rule or
ordinance, including, but not limited to, regulations promulgated by the U.S. Copyright Office, U.S. Patent and
Trademark Office, U.S. Securities and Exchange Commission, the Internal Revenue Service, the European
Enforcement Directive of 2004, or any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations
and/or guidelines having the force of law;
(q) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the United States Immigration and Nationality Act.
(r) refuse to acknowledge that Tiles Catalogue may establish general practices and limitations concerning use of
the Platform/Websites and Services, including without limitation restrictions concerning User Content provided
by You for use on the Platform/Websites and Services, the type and quantity of transactional data stored and
presented in connection with your account, the maximum disk space that will be allotted on Tiles
Catalogue’ servers on Your behalf, and the maximum number of times (and the maximum duration for which)
You may access the Platform/Websites and Services in any given period of time;
(s) export any Platform/Website Content out of the jurisdiction in which it is intended or displayed;
(t) access the Platform/Websites or Services in order to build a similar or competitive Platform/Website or
Service;
(u) send electronic transmissions (including but not limited to interactive monetary offers, audio-video
communications, email, search queries, chat and other Internet activities) as interstate communications;
(v) circumvent any technical measures we use to provide Services;
(w) assist any third party with any of the foregoing; and/or
(x) post private, confidential or sensitive information, or information that is otherwise in breach of the law
via the Services, including, without limitation, User’s or any other person’s credit card
information, social security, or national identity numbers, non-public phone numbers, addresses, or email
addresses. User must not submit material that is copyrighted, protected by trade secret, or otherwise subject to
third partyto third party proprietary rights, including privacy and publicity rights, unless User is the Tiles
Catalogue of such rights or havs permission from their rightful Tiles Catalogue to post the material and to
grant to Tiles Catalogue all of the licensed right granted herein.
8.2. You fully understand, acknowledge and agree that Tiles Catalogue may, under certain circumstances and
without prior notice, immediately terminate your Tiles Catalogue User Profile and access to the
Platform/Websites, Services and any other related or affiliated applications, functions and tools.
8.3. Cause for account termination or suspension shall include, but not be limited to:
(a) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules;
(b) requests by law enforcement or other local, state or federal government agencies or divisions;
(c) any attempts to breach our security, private accounts or other protected content on the
Platform/Websites;
(d) discontinuance or significant modification to the Platform/Websites or Services, or any related or
affiliated Platform/Website owned and/or operated by Tiles Catalogue (or any part thereof);
(e) unforeseen technical, electronic, mechanical or any other difficulties or security issues;
(f) prolonged inactivity of Your account, which shall be determined by Tiles Catalogue;
(g) knowing, willing and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit or
illegal activities; and/or
(h) failure by you, or by your representatives, to pay, in full, any fees owed by you in connection with the
Platform/Websites or any related or affiliated Service, business or Platform/Website. Termination of a User
Profile will deny you access to our Services, delay or remove User Content that you submitted or commented on,
remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any
discounts or special offers, and take technical and/or legal steps to prevent you from using our
Platform/Websites and Services in the future.
Tiles Catalogue has the right to investigate and prosecute violations of any of the above to the fullest extent
of the law.
8.4. User must not change, alter, or modify any part of the Services for any reason.
8.5. User must not distribute in any medium any part of the Services without prior written authorization from
Tiles Catalogue. User agrees not to circumvent, disable or otherwise interfere with security related features of
the Services or features that prevent or restrict use or copying of any Content and User Engagement or enforce
limitations on use of the Services and the Conten and User Engagement therein.
8.6. User must keep all of User’s User Engagement relevant and “on topic” to the particular
item of User Engagement open for comments or submissions.
8.7. The Content and Tiles Catalogue intellectual property, including, but not limited to, the Tiles Catalogue
trademarks, trade names, and logos, on the Services are owned by or licensed to Tiles Catalogue, subject to
copyright and other intellectual property rights under United States and foreign laws and international
conventions. Content on the Services may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written
consent of the respective owners. Tiles Catalogue reserves all rights that are not expressly granted in and to
the Services and the Content. User agrees not to use, copy, or distribute, either directly or indirectly, any of
the Content other than that which is expressly permitted herein, including any use, copying, or distribution of
User Engagement of third parties obtained through the Services for any commercial purposes. If User downloads or
prints a copy of the Content and/or User Engagement for personal use, User must retain all copyright and other
proprietary notices contained therein. User agrees that Tiles Catalogue holds no responsibility for content
posted within the service, including, but not limited to, User Engagement. Tiles Catalogue is not obligated to
monitor or edit any content posted on Services, including, but not limited to, User Engagement. If User’s
content violates this Agreement, User may bear legal responsibility for that content.
8.8 User agrees not to use the Services for any commercial purpose or use, either direct or indirect, without
the prior written authorization of Tiles Catalogue. User may access User Engagement solely for User’s
information and non-commercial, personal use or as otherwise intended through the normal functionality of the
TILES ALBUM Services. Tiles Catalogue permits User to link to materials on the Services for personal,
non-commercial purposes only.
8.9. User must not solicit for commercial purposes, spam, or send harassing communications to any other Users.
Additionally, User must not collect or harvest any personal information from the Services. User must not offer
to sell or buy any product or service, and User must not post advertisements or solicitations of business
without the prior consent of Tiles Catalogue.
8.10 User must not attempt to restrict another User from using or enjoying the Services and User must not
encourage or facilitate violations of this Agreement or any other Tiles Catalogue terms.
ARTICLE 9. COMMUNICATIONS
9.1. Your use of or accessing the Platform/Websites or Services acknowledges your consent to receive certain
communications from us electronically. Whether said communication is by e-mail, text, in-app push notices, or by
posting notices and messages on the Platform/Websites or through any of the Services, you willingly and
knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide
to you electronically shall have the same force and effect as if such communications be in writing.
9.2. Tiles Catalogue does not endorse or guarantee the content of any communication you receive from another
user of the Services. Tiles Catalogue may store contents of chats, instant messages and other communications
that are sent through the Services for the purpose of product analysis and improvement. We may also review
chats, instant messages and other communications to ensure adherence to these Terms and as required by court
order, subpoena, or other legal or administrative process.
ARTICLE 10. DISCLAIMER OF CONTENT;
DISCLAIMER OF LIABILITY
10.1. Tiles Catalogue is not responsible for the contents of any Content that is posted by a user of the
Services or any third party. By using the Services, you agree that Tiles Catalogue provides a forum whereby
users may communicate with each other. You agree that Tiles Catalogue does not control the information posted on
the Services and is under no obligation to monitor, edit, change, remove, or otherwise modify any Content, and
that you will not rely solely on any of the content (including Content) that is contained within the Services.
You further agree that Tiles Catalogue is not liable for any damages that may result as a result of your use of
the content (including Content) that is contained within the Services, and that you will indemnify and hold
Tiles Catalogue harmless pursuant to Article 16 of the Terms of use.
ARTICLE 11. DMCA
11.1 Tiles Catalogue deals with copyright infringement in accordance with the Digital Millennium Copyright Act
(DMCA). You may not post, upload, or otherwise place any content or information on the Site that belongs to a
third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work
has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may
notify our designated copyright agent either by mail to Copyright Agent (Legal), About, 28 Liberty Street, 7th
Floor, New York, NY, 10005 or in an email to SafeHarborAgent@About.Com. This contact information is only for
suspected copyright infringement. Please include the following:
a) Your physical or electronic signature.
b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple
works on the Site, a representative list of such works.
c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to
locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of
that web page.
d) Adequate information by which we can contact you (including your name, postal address, telephone number and
email address).
e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the
copyright Linux Cloud Technology, its agent or the law.
f) A statement, under penalty of perjury, that the information in the written notice is accurate and that you
are authorized to act on behalf of the copyright Linux Cloud Technology.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is
infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
11.2 It is the policy of Tiles Catalogue to disable the accounts of users who repeatedly post infringing
material on the Platform/Website or the Service.
ARTICLE 12. USER LOCATION
12.1. In order to use certain aspects of the Services, such as finding events and personal matches, you must
enable geo-location on your mobile device. Tiles Catalogue uses this location information solely to show you
location-based listings and information.
12.2. Tiles Catalogue may provide you with the ability to share your geographical location with Tiles Catalogue
and other users of the Services when using the Services. You may also accept or reject any requests from users
of the Services to obtain your geographical location through the Services. If you share your geographical
location with your subscribers, you understand and agree that your geographical location may appear on a map and
that subscribers to your Tiles Catalogue account may be able to determine your exact, physical location. If you
utilize the Services to post User Engagement to the Tiles Catalogue map feature located within the Services, you
understand and agree that your geographical location may appear on a map and that all users of the Tiles
Catalogue map feature located within the Services may be able to determine your exact, physical location. Tiles
Catalogue provides you with the opportunity to opt-in and opt-out of sharing your geographical location within
the settings of your mobile device and/or web browser, which may provide you with several options for the
sharing of your geographical location, such as options to share your geographical location at all times, only
when using the iServices, or never. Should you wish to cease the sharing and use of your geographic location by
Tiles Catalogue, you are advised to disable location services within the settings of your mobile device and/or
web browser. If you do not share your physical location with the Services, you may not use the Tiles Catalogue
map feature located within the Services.
ARTICLE 13. NOTIFICATIONS
13.1. Tiles Catalogue may send notifications to your mobile devise to alert you of upcoming events, new cannabis
goods, and other information that we think you may want to be made aware of. If you do not wish to receive
notifications from Tiles Catalogue, please update the notification settings on your device.
ARTICLE 14. EXTERNAL LINKS
14.1. Tiles Catalogue may provide links to other Platform/Websites and/or App that are not maintained or
controlled by Tiles Catalogue (“Linked Sites”). The inclusion of any hyperlinks to Linked Sites does
not imply approval or endorsement by Tiles Catalogue of those Linked Sites, or content, products or services
offered on those Linked Sites. Tiles Catalogue expressly disclaims any responsibility for the content, legal
compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on
any Linked Sites, and in no event shall Tiles Catalogue be held responsible or directly or indirectly liable for
any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any
content, goods or services available on any Linked Sites.
ARTICLE 15. REVIEW/FEEDBACK POLICY
15.1. An important part of the Tiles Catalogue community is the feedback system. Users have the ability to leave
reviews and comments, and we want that process to be as open as possible. Part of that openness is acknowledging
that certain behaviors are not acceptable. Tiles Catalogue retains the right to remove any content posted on or
submitted through any of its Platform/Websites or Services. However, the only User Content likely to be removed
is that which violates these Terms, any Additional Terms, Privacy Policy, Data Policy or Community Standards, or
the rules or guidelines on the applicable Platform/Website or Service regarding reviews, comments, feedbacks and
other User Content (the “Review Policies”). Please note, the Review Policies of each
Platform/Website or Service may differ. Please consult the relevant Platform/Website or Service to learn about
its applicable Review Policy.
Please note, Tiles Catalogue is under no obligation to enforce these Terms, any Additional Terms, Privacy
Policy, Data Policy or the Community Standards, or any of the Review Policies on your behalf against another
user. While Tiles Catalogue encourages you to let us know if you believe another user has violated these Terms,
any Additional Terms, or the Privacy Policy, or any of the Review Policies, we reserve the right to investigate
and take appropriate action at our sole discretion.
15.2. For questions about the Tiles Catalogue Platform/Websites or any of the Services we provide, please feel
free to contact our Public Service department at Publicservice@Tiles Catalogue.com.
ARTICLE 16. DISCLAIMER OF WARRANTIES
16.1. Tiles Catalogue makes no representations or warranties about the services, the suitability of the
information contained on or received through the services, or information or products received through Tiles
Catalogue. All information and use of Tiles Catalogue is provided “as is” without warranty of any
kind, including all express, implied, or statutory warranties of merchantability, fitness for a particular
purpose, title and non-infringement. TILES ALBUM does not warrant that the contents or any information received
through the services are accurate, reliable or correct; that TILES ALBUM will be available at any particular
time or location; that any defects or errors will be corrected; or that the contents or any information received
through the services are free of viruses or other destructive or harmful components. Your use of our services is
solely at your own risk. You expressly agree that you have relied on no warranties, representations, or
statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain
warranties, the exclusions may not apply to you but shall apply to the maximum extent permitted by the laws of
your jurisdiction.
16.2. Tiles Catalogue and its affiliates, officers, directors, managers, shareholders, Tiles Catalogues,
employees, contractors, consultants, and agents make no guarantee or warranty that:
(a) the Platform/Websites and services will satisfy your needs and requirements or will be compatible with your
equipment;
(b) the Platform/Websites and services, and all affiliated Platform/Websites, features, services,
communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be
free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted
or other related intrusions;
(c) the information, data, or results realized or obtained from your use of the Platform/Websites will be
accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose;
(d) the quality or value of any properties, services, products, information, or other materials purchased or
obtained by you through the Platform/Websites and services will meet your expectations;
(e) that any offer made or message sent will be successfully transmitted, received, and processed; and
(f) any errors in the guidelines, software, or protocols will be corrected or resolved.
16.3. Any product or program downloaded or otherwise obtained through the use of the Platform/Websites and
services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for
any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from
the download or use of any such product, material, application, feature, or other program.
16.4. No advice or information, including medical advice, strategy, guidelines, or related content, whether oral
or written, obtained by you from Tiles Catalogue or from the Platform/Websites, services, or relevant social
media pages shall create any warranty, guarantee, or strategy not expressly stated in these terms.
16.5. Vetting by Tiles Catalogue of each and every document, photograph, video, review, related media, posting,
or other communication, in addition to any other content posted via the Platform/Websites or services, may not
be possible or realistically practicable. As a result, Tiles Catalogue cannot and does not control any listing
reviews, comments, photographs, opinions, postings, or other content or material posted via the
Platform/Websites or services and, as such, does not guarantee the accuracy, integrity, quality, safety,
legality, morality, and/or authenticity of such content, the truth or accuracy of users’ content, the
ability of listings to confirm product availability or pricing, or the ability of users to confirm experiences
from using or purchasing specific products discussed or sold on the Platform/Websites or services.
ARTICLE 17. INDEMNIFICATION; DISCLAIMER;
LIMITATION OF LIABILITY
17.1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE WHERE THE
ABOVE LIMITATION IS UNENFORCEABLE, YOU AGREE THAT Tiles Catalogue TOTAL LIABILITY TO YOU SHALL NOT EXCEED
EITHER:
(a) THE TOTAL AMOUNT THAT YOU ACTUALLY PAID TO Tiles Catalogue DURING THE THREE (3) MONTHS PRECEDING THE ACCRUAL
OF THE CAUSE OF ACTION; OR
(b) ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
17.2. User agrees to indemnify, defend and hold Tiles Catalogue, its affiliates and each of their respective
officers, directors, employees, representatives and agents harmless from and against any and all liabilities,
claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in
connection with:
(a) any actual or alleged breach of User’s representations, warranties and obligations contained in this
Agreement; and
(b) the negligence, gross negligence or willful misconduct of User, its representatives, agents, or any
individual or entity associated or affiliated with User.
17.3. Except for the express representations and warranties set forth in this agreement, all information,
products and services provided by Tiles Catalogue to User under this Terms of use, including the listing
services, are provided “as is” and “as available” without representation or warranty of
any kind, whether express, implied, statutory or otherwise, including the implied warranties of merchantability
and fitness for a particular purpose. Company makes no guarantees or assurances of results by purchasing the
listing service Company does not make any representations, warranties or guarantees as to uptime, capacity or
functionality of:
(a) the site;
(b) any mobile or application based versions of the site; or
(c) the services.
User is not entitled to any damages, offsets or reductions in fees as a result of any downtime, interruption, or
failure of the site or any services provided by the company.
17.4. You agree that in the event you incur any damages, losses or injuries that arise out of Tiles
Catalogue’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to
entitle you to an injunction preventing any exploitation of any web site, service, property, product or other
content owned or controlled by Tiles Catalogue, and you will have no rights to enjoin or restrain the
development, production, distribution, advertising, exhibition or exploitation of any web site, property,
product, service, or other content owned or controlled by Tiles Catalogue.
ARTICLE 18. DISPUTE RESOLUTION & ARBITRATION AGREEMENT
THIS ARTICLE 18 GOVERNS HOW DISPUTES BETWEEN THE PARTIES ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED
TO BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO
MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE
ACTIONS.
18.1. Pre-Arbitration Dispute Resolution and Notification. In the event a dispute arises out of or relates to
this Agreement, the Parties, in good faith, agree to first attempt to resolve the dispute between them through
informal direct discussions prior to the initiation of arbitration. If, after a good faith effort to negotiate,
one Party feels the dispute has not and cannot be resolved informally, the Party intending to pursue arbitration
agrees to notify the other Party via email prior to initiating the arbitration.
18.2. Agreement to Arbitrate. In the event the Parties cannot resolve a dispute through direct informal
discussions, the Parties mutually agree that any dispute, claim, counterclaim, or controversy arising out of or
relating to this Agreement—including the applicability, breach, termination, validity, enforcement or
interpretation thereof—or the use of the Site and/or Services (collectively, “Disputes”) will
be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute
about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree
that the arbitrator will decide this issue.
18.3. Exceptions to Arbitration Agreement. The Parties mutually agree that the following claims are exceptions
to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent
jurisdiction:
(a) any claim related to actual or threatened infringement, misappropriation or violation of a party’s
copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and
(b) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims under this
Section 18.3 shall not be deemed a waiver of either Party’s right under the Arbitration Agreement to have
all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration
Agreement.
18.4. Arbitration Rules and Governing Law. This Arbitration Agreement shall be governed by the Federal
Arbitration Act. The arbitration will be administered by the American Arbitration Association
(“AAA”) in accordance with the AAA Commercial Arbitration Rules and/or other AAA arbitration rules
determined to be applicable by AAA (the “AAA Rules”) then in effect, except as modified here. The
arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such
arbitration will be final and binding upon the Parties and may be enforced in any court of competent
jurisdiction. The Parties agree that the arbitration will be kept confidential and that the existence of the
proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents
submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the
arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration
or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental
agencies. The Parties shall pay their own costs related to the arbitration, provided that in the final award,
the arbitrator may apportion the costs and fees of arbitration among the Parties in such amounts as the
arbitrator deems appropriate.
18.5. Jury Trial Waiver. Both User and Tiles Catalogue acknowledge and agree that they are waiving the right to
a trial by jury as to all disputes subject to arbitration.
18.6. No Class Actions or Representative Proceedings. Both User and Tiles Catalogue acknowledge and agree that,
to the fullest extent permitted by law, each is waiving the right to participate as a plaintiff or class member
in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general
action, or any other representative proceeding as to all Disputes. Disputes may not be arbitrated on a class,
collective or representative basis. Unless User and Tiles Catalogue both otherwise agree in writing, the
arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any
form of class action or representative proceeding. If the “class action lawsuit” waiver or the
“class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute,
then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute
must proceed in court. If the “collective action” waiver or the “private attorney general
action” waiver or the “representative proceeding” waiver in this Section 17.6 is held
unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the
Parties agree that any private attorney general claims and representative claims in the Dispute will be severed
and stayed, pending the resolution of any claims subject to arbitration in the Dispute in individual
arbitration.
18.7. Severability, No Waiver. Except as provided in Section 18.6, if any provision of the Arbitration Agreement
is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall
be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect.
18.8. Survival Past Termination. Unless superseded by a later arbitration agreement between the Parties, this
Arbitration Agreement will survive the termination of this Agreement.
18.9. Jurisdiction/venue. The parties further agree to the exclusive jurisdiction of the federal or state courts
in Los Angeles County, California, as the case may be, for purposes of any pre-arbitral injunctive relief,
including any application for a preliminary injunction or order compelling arbitration, and waive any objection
to laying venue in any such action or proceeding in such courts, or that such courts are an inconvenient forum
or do not have jurisdiction over such party. Neither the parties nor the arbitrators may publicly disclose the
existence, content or results of any arbitration hereunder without the prior written consent of both
parties.
ARTICLE 19. PRIVACY STATEMENT
19.1 By accessing or using the Platform/Websites or Services, you agree that the Tiles Catalogue Privacy Policy
and Data Policy (which may be updated from time to time) governs Tiles Catalogue’s collection and use of
your personal information. Registration data and certain other information about you are subject to our Privacy
Policy and Data Policy. For more information, please make sure that you review our Privacy Policy and Data
Policy. You understand that through your access or use of the Platform/Websites and any Services, you consent to
the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of
information to the United States and/or other countries for storage, processing and use by Tiles Catalogue.
ARTICLE 20. CHANGES TO THE TERMS,ADDITIONAL TERMS, PRIVACY STATEMENT, DATA POLICY OR COMMUNITY STANDARDS
20.1. In the event we make changes to the Terms, the Additional Terms, Privacy Policy, Data Policy, or Community
Standards we will notify you by:
(a) sending you an e-mail communication to the e-mail address you most recently provided to us,
(b) sending a push notification or in-app notification,
(c) by prominently posting a notice of the changes on the Platform/Websites, or
(d) by requiring you to check a box indicating your assent to the updated terms. Continued use of any of the
Platform/Websites or Services following any applicable notice of such material changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
ARTICLE 21. MISCELLANEOUS
21.1. These terms constitute the entire agreement between Users and Tiles Catalogue regarding use of the
Services, although additional terms may apply to licensed cannabis businesses.
21.2. The failure of Tiles Catalogue to enforce any right or provision of these Terms will not constitute a
waiver of future enforcement of that right or provision. The waiver of any such right or provision will be
effective only if in writing and signed by a duly authorized representative of Tiles Catalogue. Except as
expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will
be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of
competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be
enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and
effect.
21.3. Should any competent court or arbitrator determine that any provision of these Terms is unenforceable as
written, then said provision shall be deemed to have been rewritten in accordance with the law; if that is not
possible, then that provision shall be deemed to have been stricken from the Terms, and all other provisions
remain in full force and effect. If you do not agree to these Terms, please stop using Service immediately.
21.4. These Terms do not and are not intended to confer any rights or remedies upon any person other than you
and Tiles Catalogue.
21.5. You acknowledge and agree that Tiles Catalogue will have no obligation to provide you with any support or
maintenance in connection with the Platform/Websites or Services.
21.6. You agree that your Tiles Catalogue account is non-transferable and any rights to your Platform/Website
user identification or contents within your accounts terminate upon your death.
21.7. The section titles in these Terms are for convenience only and have no legal or contractual effect.