Terms and Condition

Untitled Document Budfolio Terms & Conditions (updated July 2013)
These Terms & Conditions ("Terms") govern your access to and use of the services, including our various
websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" or “Budfolio”),
and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services
(collectively referred to as "Content"). Your access to and use of the Services are conditioned on your
acceptance of and compliance with these Terms. By accessing or using any part of the web site, you agree to be
bound by the Terms. If you do not agree to all the terms listed herein, then you may not access the website or
use any of our services.

You and you alone are responsible for your use of the services, for any Content you submit, post, or display
will be able to be viewed by other users of the Services and through third party services and websites
(account privacy settings found in the settings section of the website). Only post what you are comfortable
with others viewing.

Acceptance of terms
Budfolio provides a platform for social networking, marketing and advertising services (referred to
hereafter as “our Service”) subject to the following usage guidelines (“Guidelines”). By using our Service
in any way, you agree to comply with the Guidelines. Additionally, when using our Service, you agree to
abide by any additional and applicable guidelines posted for our Service, which may change at any time. If
you do not agree to, or wish to comply with these or any guidelines set by Budfolio in the future, please
discontinue your use immediately. No additional action or recourse can be taken against Budfolio. Budfolio
has the right to strictly enforce the Guidelines through any method deemed necessary to protect Budfolio
and its members.

Modifications to this Agreement
Budfolio provides Services that are always evolving and the form and nature of the Services provide may
change at anytime and without any notice. It is Budfolio’s right and sole discretion to change, modify or
alter our website, ios application and Guidelines at any time. Members are required to keep themselves up
to date with the current posted Guidelines. You can find the latest User Guidelines at
www.budfolio.com/terms.

General Statement of Use
The Guidelines stands as the entire agreement between you and Budfolio. It governs your use of the site
and our Service. The Guidelines and the relationship between you and Budfolio shall be governed by the
laws of the State of California without regard to its conflict of law provisions. You and Budfolio agree to
submit to binding arbitration for any dispute arising out of your relationship with Budfolio and that such
arbitration will take place in The County of Contra Costa, California. The Failure of Budfolio to exercise or
enforce any right or provision of the Guidelines shall not constitute a waiver of such right or provision. If
any provision of the Guidelines is found by the arbitrator to be invalid, the parties nevertheless agree that
the arbitrator should endeavor to give effect to the parties’ intention as reflected in the provision, and the
other provisions of the Guidelines remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to the use of our Service or the
Guidelines must be filed within six months after such claim or cause of action arose, or be forever barred.

Content
All Members understand that all postings, messages, text, files, images, photos, video, sounds, or other
materials (“content”) posted on, transmitted through, or linked from our service, are at the sole
responsibility of the member. Users are responsible for each individual item “Post” of Content you
transmit, or make available through our service. It is understood that Budfolio does not control and is not
responsible for data available through our Service. Using our Service may expose you to content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Budfolio’s Content available through our service may contain links to other websites, which are entirely
independent of Budfolio. Budfolio makes no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site or link. Linking to additional sites is at the
members own risk. Members agree that it is their own responsibility to check the merit of and bare all risk
associated with any data or content linked outside of Budfolio. Budfolio will in no way be help liable for
any use or loss incurred through any websites and or services posted on our Service. It is accepted that
Budfolio does not and cannot screen or pre-approve data that is available through our Service. However,
Budfolio reserves the right to and has sole discretion to refuse, delete or modify any Content that is
available through our Service for not complying with Budfolio’s Guidelines or for any other reason.

Third Party Content, Sites, and Services
Budfolio’s website and Content available through our Service may contain features and functionalities that
can link, or access you to third party content. This third party content is 100% independent of Budfolio
including web sites; directories; servers; networks; systems; information and databases, applications,
software, programs, products, or services and the internet in its entirety. Users interaction with
organizations and/or individuals found on Budfolio are at their own risk and free will. In no way is
Budfolio connected with any transactions, including, but are not limited to, payment and delivery of goods
or services between third party organization and the individual(s). You agree that Budfolio will not be
held responsible or liable for any loss or damages of any sort that result in dealing with businesses, services
and content found via third party content. If any situation or dispute occurs between users of Budfolio or
between users and third party’s, it is known that Budfolio will not and has no obligation to become
involved. In the event of a member(s) dispute with another member, all parties involved release [Budfolio,
its officers, employees, agents and successors] in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and/or our service. California residents
waive California Civil Code Section 1542, which states: “A general release does not extent to claims which
the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the debtor.”

Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your
intellectual property has been otherwise violated, please send claims to Budfolio at claims@budfolio.com
with the subject line “Copyright.” The body of the email should contain: 1) Identification of the material(s)
in question; 2) Statement made in good faith that the disputed content is being used without the
authorization by the copyrights owner, agent or the law; 3) A statement declaring under penalty of perjury
that the information contained in your notice is accurate; that you are authorized to make such claims; your
address; phone number; email address; and a copy of your physical or electronic signature. Budfolio will
take down the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright
Act (DMCA).

Conduct
You agree not to post, email or otherwise make Content available: 1) that is unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
2) that advertises any illegal service or the sale of any items which the sale of is prohibited or restricted by
any applicable law, including without limitation items the sale of which is prohibited or regulated by
California law. 3) Not to attempt to gain unauthorized access to Budfolios computer system or engage in
any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the
functionality of, our Service or the Budfolio website or infrastructure.

Paid Posting
Budfolio charges a fee to post Content in some areas of the services by dispensary members. The fee is an
access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is
responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the
event that Content is removed from the Service for Violating the TOU.
Budfolio reserves the right to work, or refuse to work with any business.
Limitations on Service
You acknowledge Budfolio may create limits around the use of our Service, including to the maximum
days that Content will be retained for by our Service, the maximum size and number of posts that may be
transmitted, or stored by our Service and the frequency with which you may access the site and its data. It
is agreed that Budfolio has no liability, or responsibility for the deletion, or inability to store any Content
transmitted by our Service. You acknowledge that Budfolio reserves the right to modify, discontinue or
cancel our Service with or without notice. Budfolio cannot be held liable for any modification, or
cancelation of our Service.

Termination of Service
You agree that Budfolio, in its sole discretion, has the right to delete or deactivate your account, block your
IP address, or otherwise terminate your access to or the use of our Service. You agree that Budfolio cannot
be held liable for the termination of your access to our Service. Deactivation or termination can happen at
anytime with or without warning if Budfolio believes you have not followed these Guidelines.

Proprietary Rights
Budfolio is protected in its entirety to the maximum extent permitted by copyright laws and international
treaties. All of the sites Content displayed on or through our Service are protected by copyright as a
collective work and/or compilation, pursuant to copyright laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution of the site, or the collective
work, and/or copying or reproducing the site or any portion thereof to any other server or location for
further redistribution or reproduction is prohibited without the express written consent of Budfolio. You
agree not to reproduce, duplicate or copy content from our Service without written consent from Budfolio
and agree to abide by any and all copyright notices displayed on our service. It is forbidden to disassemble,
reverse engineer or otherwise attempt to discover any source code contained in Budfolio and our Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect
of our Service. Budfolio is a pending mark in the U.S. Patent and Trademark Office. Budfolio does not
claim ownership of the Content members post, however, by posting Content to any public area of our
Service, you automatically grant and have the right to grant Budfolio irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute mentioned Content. By Posting
Content to any public area of the service, it is agreed that Budfolio has all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content found on
Budfolio and our Service by any party. The Budfolio logo is an active US trademark. The Budfolio
name is currently a pending US trademark. No reproduction or use of the name or logo can be used without
written approval from Budfolio.

Disclaimer of Warranties
Members agree that using Budfolio is entirely at your own risk. Budfolio and our service are provided on
an “as is” or “as available” basis without any guarantees or warranties of any kind. To the fullest extent
permitted by law, Budfolio disclaims any warranties for the security, reliability, timeliness, accuracy, and
performance of Budfolios website and our service. Budfolio disclaims any warranties for other services or
goods received through, advertised, or accessed through any links on Budfolio or our services to the fullest
extent permitted by law. Budfolio disclaims any warranties for viruses or other harmful components in
connection with Budfolio or our service. Not all jurisdictions permit the limitations of liability. In those
jurisdictions some of the mentioned limitations may not apply to you.

LIMITATION of Liability
Under no circumstances shall Budfolio be liable for direct, indirect, incidental, special, consequential or
exemplary damages (even if Budfolio has been advised of the possibility of such damages), resulting from
any aspect of your use of the Budfolio site or our service, whether the damages arise from the use or misuse
of the Budfolio site or our service, from inability to use, from the suspension, interruption, modification,

alteration, or termination of Budfolios site or our service. Such limitation shall also apply with respect to
damages incurred by reason of other services or products received through or advertised in connection with
Budfolio or our service or any links on Budfolios site, as well as by reason of any information or advice
received through or advertised in connection with Budfolios site or the service or any links on the Budfolio
site. These limitations shall apply to the fullest extent permitted by law. Not all jurisdictions permit the
limitations of liability. In those jurisdictions some of the mentioned limitations may not apply to you.

Indemnity
You agree to indemnify and hold [Budfolio, its officers, subsidiaries, affiliates, successors, assigns,
directors, agents, service providers, suppliers and employees], harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due to or arising out of Content
you submit, post or make available through our Service, violation of the Guidelines, your breach of any the
representations and warranties herein, or your violation of any rights of another.

Personal Account
Choosing to create a personal account on Budfolio again binds you to the Terms and Guidelines set in this
document. As the account owner, you are responsible for maintaining the security of your account, and you
are fully responsible for all activity and content posted under the account and other actions taken in
connection with the account. If any unauthorized use of your account has occurred, notify Budfolio right
away at admin@budfolio.com. Budfolio will not be liable for any acts or omissions by you, including any
damages of any kind incurred as a result of such acts or omissions.

Posting Content/Comments – Lounge
If you operate an account, comment on a listing, post material to the website, post links on the website, or
otherwise make (or allow third party to make” material available by means of the website (any such
Content), you are entirely responsible for the content of, and any harm resulting from, that Content. That is
the case regardless of whether the Content in question constitutes text, graphics, an audio file, video file, or
computer software. By making content available, you represent and warrant that:

The downloading, copying and use o the Content will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark or trade secret rights, or any third party; if your employer has
right to intellectual property you create, you have either (i) received permission from your employer to post
or make available content, including but not limited to any software, or (ii) secured from your employee
a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to
the Content, and you have done all thing necessary to successfully pass though to end users any required
terms; the Content does not taint or install any viruses, works, malware, Trojan horses or other harmful or
destructive content; the content is not SPAM, is not machine or randomly generated, and does not contain
unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search
engine ranking of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to
the source of martials (such as spoofing); the content is not pornographic libelous or defamatory (more
info on what that means,) does not contain threats or incite violence towards individuals or entities, and
does not violate the privacy or publicity rights of any third party; the account is not being advertised via
unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites,
and similar unsolicited promotional methods; the account is not named in a manner that misleads your into
thinking that that you are another person or company. For example, your name is not the name of a person
other than yourself, or company other than your own; and you have in the case of Content that includes
computer code, accurately categorized and/or described the type, nature, uses and effects of the materials.


Uploading Photo(s)
Budfolio allows users to upload a variety of images, feel free to upload non-animated, original photographs
or images that meet our technical specifications, and comply with Budfolios Terms and Guidelines. Please
upload photographs or images that are relevant and appropriate to Budfolio and the page you are viewing.
Make sure that all uploaded content meet intellectual property, privacy, and other applicable U.S. Laws.
Users should not upload photographs that contain objectionable content, including but not limited to nudity,
violence, copyrighted material, and other offensive, illegal or inappropriate images.

All photographs, texts and Content you upload or post are publicly visible, do not upload any photo that
you do not want seen by worldwide viewers of Budfolio.com. Budfolio reserves the rights to remove any
photo or image you upload to our site with no explanation.
By uploading an image to Budfolio.com, you grant Budfolio and its licensees
Budfolio Rights
All right, title, and interest in and to the Services (excluding contented provided by users) are and will
remain the exclusive property of Budfolio and its licensors. Copyright, trademark and other laws of both
the United States and foreign countries protect the Services. Nothing in the Terms gives you a right to use
the Budfolio name or any of its Budfolio Trademarks, Logos, domain names, and other distinctive brand
features. Any feedback, comments, or suggestions you may provide regarding Budfolio, or the Service is
entirely voluntary and will be free to use such feedback, comments or suggestions as we see fit and without
any obligation to you.

Your Rights
You retain your rights to any Content you submit, post or display on or though the Services. By submitting,
posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-
free license (with the rights to sublicense) to use, copy, reproduce, process, adapt, modify, publish,
transmit, display and distribute such content in any and all media or distribution methods (now known
or later developed).
This license is you authorizing Budfolio to make your posts available to the rest of the world.

You agree that this license includes the right for Budfolio to provide, promote and improve the Services
and to make Content submitted to or through the Services available to other companies, organizations
or individuals who partner with Budfolio for the syndication, broadcast, distribution or publication of such
Content on other media and services, subject to our terms and conditions for such Content use.