隐私与条款 - 美國大麻网

General Statements On Terms and Additional Terms

Welcome to the DAMAQIAO site! These Terms of Use (hereinafter, these “Terms”) are a legally binding contract between DAMAQIAO or its applicable affiliate that owns or controls the applicable Website or provides the applicable Services that you may be accessing or using (“DAMAQIAO”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs and (if applicable) the corporate entity you represent (“you” or “your”), on the other hand. Your acceptance of these Terms is an express condition of, and governs your access to and use of, DAMAQIAO’ (a) websites, portals, mobile applications, channels, and software, including damaqiao.com, and (b) social media pages and channels (collectively, the “Websites”), including any services, features, media, functions, content, tools and links contained or offered therein (collectively, the “Services”). If you do not accept and agree to these Terms, you may not access or use any of the Websites or Services or create an account or user profile.

Certain areas of the Websites and Services (and your access to or use therein) may have different terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Websites and Services (as applicable, the “Additional Terms”). The Additional Terms will be posted (via a link) on the applicable Website or Services and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a specific Website or Service, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website or Service.

Privacy Statement

By accessing or using the Websites or Services, you agree that the DAMAQIAO Privacy Policy (which may be updated from time to time) governs DAMAQIAO’s collection and use of your personal information. Registration data and certain other information about you is subject to our Privacy Policy. For more information, please make sure that you review our Privacy Policy. You understand that through your access or use of the 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 DAMAQIAO.

Changes to the Terms, Additional Terms, and Privacy Statement

We may make changes to these Terms, the Additional Terms, or our Privacy Policy from time to time. When we make material changes to these Terms, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) sending a push notification or in-app notification, (iii) by prominently posting a notice of the changes on the Websites, or (iv) by requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Websites or Services following any applicable notice of such material changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Eligibility

The Websites and Services are intended solely and only available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Please note that certain of the Websites and Services require you to be at least twenty-one (21) years of age to access and use such Websites and Services. Please check the applicable Additional Terms for such Websites and Services for further information. You may be asked to verify that you are over the applicable age limit during your use of the Websites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.

If you are using the Websites or Services on behalf of a business, you represent that you have the authority to bind the business to these Terms, the Additional Terms, the Privacy Policy, and any other related or pertinent agreements. The applicable business agrees to hold harmless and indemnify DAMAQIAO and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the 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.

By accessing or using the Websites or Services, you consent to receive certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

User Registration and Accounts

In order to access or use some of the Websites or Services, you must first register and create an individual profile for yourself or a business for such Website or Service (each a “User Profile“).

By creating a User Profile, you agree that:

You will 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 (d) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
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, DAMAQIAO may suspend or terminate your account and refuse you any and all current or future access to or use of the Websites and Services (or any portion thereof). If you fail to update your information in a timely manner, then DAMAQIAO has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow DAMAQIAO to suspend or terminate your account and refuse you any and all current or future access or use of the Websites and Services (or any portion thereof).
You will not post libelous content or create false or misleading reviews or posts;
You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity;
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 Websites or Services using your Protected Information;
You will immediately notify us of any unauthorized use of your Protected Information, or any other breach of security;
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 Websites or Services to any other person or entity. You must keep all of the Protected Information in strict confidence;
You will not share or allow any third party to utilize your account on your behalf or on a time share basis;
You will not create more than one account unless specifically authorized to do so; and
You will not use Protected Information of others.

DAMAQIAO 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.

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, or any applicable law, then we may suspend or terminate your account, User Profile, and access to and use of the Websites and Services at our sole discretion and without advance notice or liability.

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. The menu embed feature we provide to clients may only be used on a client’s own website or application, and the applicable code may not be altered in any manner (including by removing any DAMAQIAO branding). 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. DAMAQIAO assumes no responsibility or liability for any issues, problems, or Content on your User Profile.

User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. DAMAQIAO does not review each User Profile to determine if it was created by an appropriate party. In addition, DAMAQIAO 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 Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to info@damaqiao.com.

User Content

For purposes of these Terms, (a) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication, or media, (b) “User Content” means Content that users submit or transmit to, through, or in connection with the Websites or Services, such as 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 customers, (c) “DAMAQIAO Content” means Content that we create or is otherwise owned by us that we make available in connection with the Websites or Services, (d) “Third Party Content” means Content that originates from parties other than DAMAQIAO or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us, and (e) “Website Content” means all of the Content that is made available in connection with the Websites or Services, including User Content, Third Party Content (and Third Party Material (as defined below)), and DAMAQIAO Content.

By submitting User Content, you represent, warrant, and covenant:

That you own, or have the necessary licenses, rights, consents, and/or permissions, and authorize DAMAQIAO, its applicable affiliates, the 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);
That you are entirely responsible for anything you submit to the Websites or Services and agree that DAMAQIAO does not have to post or keep posted anything you provide. Once posted on the Websites or on the Internet, it is not always possible to remove, especially if multiple copies exist. When User Content is uploaded to the Websites or Services, or posted on any social media platforms with a tag or reference to DAMAQIAO, you give DAMAQIAO 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, or the Privacy Policy, you agree that DAMAQIAO can take legal action against the third party and that DAMAQIAO shall not be obligated to distribute any recovered sums to you that may be obtained in connection with such legal proceedings;
That 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 Websites, Services, or otherwise, and that DAMAQIAO 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 DAMAQIAO Content in our sole discretion;
To fully assign DAMAQIAO 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 DAMAQIAO by you;
That 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;
That 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”);
That you are at least of legal age, being no less than eighteen (18) years old (or twenty-one (21) years old, as applicable), and you acknowledge that persons under legal age may not submit User Content to DAMAQIAO, the Websites, or the Services; and
That DAMAQIAO 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.

By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, you 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.

License to User and Third Party Content/Data

As between you and DAMAQIAO, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Websites or Services. However, by submitting your User Content, you hereby grant DAMAQIAO and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable rights and licenses:

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;
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;
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
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 websites and media platforms.

You irrevocably waive, and cause to be waived, against DAMAQIAO and its users, any claims and assertions of moral rights or attribution with respect to your User Content.

DAMAQIAO does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. You understand that by using the Websites and Services, you may be exposed to a small portion of Offensive Content that may be unpleasant, indecent, or objectionable to some viewers. Under no circumstances will DAMAQIAO 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 DAMAQIAO, the Websites, Services, or any related process or venue.

You hereby grant DAMAQIAO 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 DAMAQIAO or for any purpose relating to the Websites or Services, including in connection with displaying any data, images, or information on the 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 DAMAQIAO shall be owned exclusively by us.

Social Media

DAMAQIAO may also provide users with the ability to login to the Websites or Services with your login credentials from certain social networking 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 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 website. If you elect to share your information with any number of social networking websites, we will then share your information with the websites you name, in accordance with your election, and per their terms and conditions.

Delivery and Pick-Up Orders

DAMAQIAO may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products through third-party, unaffiliated vendors (“DAMAQIAO Orders”). DAMAQIAO Orders is a third-party online marketplace platform for customers (“Customers”) to transmit such orders with participating vendors (the “Retailers”). DAMAQIAO Orders provides order transmission services only and serves purely as a communications medium. DAMAQIAO Orders is not a merchant of cannabis-related products, or provider of any pick-up or delivery services in connection therewith, and does not control the Retailers or the production of any cannabis-related products, or any pick-up or delivery services in connection therewith.

The Retailers have entered into agreements with DAMAQIAO or its applicable affiliate where they have made representations that they currently are compliant with applicable law and will comply with applicable law in their use of DAMAQIAO Orders. DAMAQIAO and its affiliates do not in any way independently verify the credentials or representations of any of the Retailers, the authenticity or quality of any of their products or services, or any Retailer’s compliance with applicable law.

Customers using DAMAQIAO Orders must make themselves comfortable through the information provided by the Retailers on the Websites, by contacting the Retailers directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Retailers and the Retailers’ compliance with applicable law. DAMAQIAO, including the Websites and the Services, do not in any way guarantee the quality of any Retailer or any cannabis-related product, or any pick-up or delivery service in connection therewith, or any Retailer’s compliance thereof with applicable law. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), having certain medicinal or other effects, or otherwise. DAMAQIAO and its affiliates do not investigate or verify any such statements. Furthermore, any such statements have not been evaluated by the Food and Drug Administration. DAMAQIAO and its applicable affiliates make no claims meant to diagnose, treat, or cure any disease or medical condition. Customers should consult their doctor before starting any treatment or using any cannabis-related product during pregnancy or if they have a serious medical condition. DAMAQIAO and its affiliates shall not be liable or responsible for any cannabis-related products, or any other services, offered by the Retailers or any errors or misrepresentations made by them (including on the Websites and through DAMAQIAO Orders or other Services).

User Representations, Warranties, and Covenants Regarding Orders

By using DAMAQIAO Orders, you represent, warrant and covenant that: (1) 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 DAMAQIAO Orders, and that (2) your use of the Websites and the Services, including DAMAQIAO Orders, does not violate any applicable state or local law, including any legal requirements for orders you place through DAMAQIAO 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 DAMAQIAO 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.

Employee Participation in Orders

Employees of DAMAQIAO or any of its affiliates are permitted to use the Websites and the Services in their personal capacity (i.e., not as employees, representatives, or agents of DAMAQIAO or any of its affiliates) in the transactions conducted through the Websites or Services. Employees of DAMAQIAO or any of its affiliates, when participating in any transaction in their personal capacity, are subject to the same procedures and guidelines contained in the Terms, Additional Terms, or Privacy Policy as any buyer or seller on the applicable Website.

Third Party Materials

The Website or Services might display, include, or make available Third-Party Content (including data, information, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for third-party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that DAMAQIAO is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. DAMAQIAO 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.

The 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. DAMAQIAO displays these Offers on the 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 Website or Services. The Offeror, and not DAMAQIAO, 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.

Indemnity and Release

You agree to indemnify and hold DAMAQIAO (and its owners, 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 (i) your use or misuse of the Websites or Services, (ii) your User Content, (iii) your violation of these Terms, any Additional Terms, or the Privacy Policy, or (iv) your violation of applicable laws or regulations. DAMAQIAO 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 DAMAQIAO. DAMAQIAO will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

If there is a dispute between users of the Websites or Services, including between Customers and Retailers (each, a “Dispute”), you understand and agree that DAMAQIAO and its affiliates (including the Websites and the Services, including DAMAQIAO Orders) are under no obligation to become involved in such Dispute.

You hereby release and forever discharge DAMAQIAO (and its owners, 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 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.

As between you and DAMAQIAO, you own your User Content. We own the DAMAQIAO Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites but excluding User Content and Third-Party Material. We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the DAMAQIAO Content, the Websites, and the Services, which are protected by copyright, trade secret, patent, trademark laws, and all other applicable intellectual property and proprietary rights and laws. As such, 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 DAMAQIAO Content, Websites, or the Services or any of the IP Rights of DAMAQIAO, 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 Websites and the DAMAQIAO Content are retained by us.

It is DAMAQIAO’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.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, DAMAQIAO will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.

If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to DAMAQIAO in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, DAMAQIAO will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – provide a comprehensive list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (i.e. the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law.”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all above items completed, to info@DAMAQIAO.com

Please note tha, any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.

Limited License

Subject to your compliance with these Terms, any Additional Terms, and the Privacy Policy, DAMAQIAO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Websites and Services. This license does not include (i) any resale or commercial use of the Websites or Services, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any product or DAMAQIAO client listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Websites or Services or 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, or the Privacy Policy are reserved and retained by DAMAQIAO. You may not use any meta-tags or any other “hidden text” utilizing DAMAQIAO’ name or trademarks or other IP Rights without the express written consent of DAMAQIAO. The licenses granted by DAMAQIAO shall immediately terminate should you fail to comply with these Terms, any Additional Terms, or the Privacy Policy.

Subject to these Terms, any Additional Terms, and the Privacy Policy, DAMAQIAO grants you a non-transferable, non-exclusive license to install and use the software DAMAQIAO makes available for 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 DAMAQIAO, and not the App Platform. DAMAQIAO, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). 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.

The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that DAMAQIAO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DAMAQIAO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

Some portions of the Websites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.

Some portions of the Websites and Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.

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 Websites or Services. In connection with your access or use of any of the Websites or Services, you may not and will not:

upload, post, transmit, broadcast or otherwise make available any Offensive Content, including any User Content that is unlawful, libelous, defamatory or otherwise objectionable;
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
review the information and data on our 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 18), or are temporarily or indefinitely suspended from using our Websites or Services;
upload, post, transmit, broadcast, sell, transfer or otherwise make available any User or 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);
register for more than one User Profile on any of the 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;
manipulate the price of any item or interfere with any other user’s listings, reviews, and products;
take any action that may undermine the feedback or ratings systems of the Websites or Services;
transfer your User Profile to another individual or entity without our prior written consent;
distribute, promote, advertise, or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes or any related content;
interfere with or disrupt any Website processes, servers or networks supporting the Websites and/or DAMAQIAO;
impair or harm any of our computer or related systems or transmit software viruses, worms, or other damaging files;
use any robot, spider, scraper, survey, monitor or other automated or similar means to access any web page or other asset contained in the Websites, Services or Website Content for any purpose;
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;
export or re-export any DAMAQIAO’s 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;
insult, threaten, stalk, harass, mislead or deceive other users of the Websites or Services, or in any way promote the discrimination or defamation of other users, or create any other objectionable material;
intentionally or unintentionally violate any applicable local, state, national or international law, rule or ordinance, including, but not limited to, regulations promulgated by the Canada Copyright Office, Canada Patent and Trademark Office, Canada. 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;
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.
refuse to acknowledge that DAMAQIAO may establish general practices and limitations concerning use of the Websites and Services, including without limitation restrictions concerning User Content provided by You for use on the 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 DAMAQIAO’ servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Websites and Services in any given period of time;
export any Website Content out of the jurisdiction in which it is intended or displayed;
access the Websites or Services in order to build a similar or competitive Website or Service;
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;
circumvent any technical measures we use to provide Services; or
assist any third party with any of the foregoing: You fully understand, acknowledge and agree that DAMAQIAO may, under certain circumstances and without prior notice, immediately terminate your DAMAQIAO User Profile and access to the Websites, Services and any other related or affiliated applications, functions and tools. Cause for account termination or suspension shall include, but not be limited to: (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules; (2) requests by law enforcement or other local, state or federal government agencies or divisions; (3) any attempts to breach our security, private accounts or other protected content on the Websites; (4) discontinuance or significant modification to the Websites or Services, or any related or affiliated website owned and/or operated by DAMAQIAO (or any part thereof); (5) unforeseen technical, electronic, mechanical or any other difficulties or security issues; (6) prolonged inactivity of Your account, which shall be determined by DAMAQIAO; (7) knowing, willing and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or (8) failure by you, or by your representatives, to pay, in full, any fees owed by you in connection with the Websites or any related or affiliated Service, business or 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 Websites and Services in the future. DAMAQIAO has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

An important part of the DAMAQIAO 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. DAMAQIAO retains the right to remove any content posted on or submitted through any of its Websites or Services. However, the only User Content likely to be removed is that which violates these Terms, any Additional Terms, or the Privacy Policy, or the rules or guidelines on the applicable Website or Service regarding reviews, comments, feedbacks and other User Content (the “Review Policies”). Please note, the Review Policies of each Website or Service may differ. Please consult the relevant Website or Service to learn about its applicable Review Policy.

Please note, DAMAQIAO is under no obligation to enforce these Terms, any Additional Terms, or the Privacy Policy or any of the Review Policies on your behalf against another user. While DAMAQIAO 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.

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:

YOUR ACCESS TO AND USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAMAQIAO AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY OTHER POTENTIAL OR ACTUAL WARRANTY OF ANY KIND.
DAMAQIAO AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT: (1) THE WEBSITES AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE WEBSITES AND SERVICES, AND ALL AFFILIATED 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; (3) THE INFORMATION, DATA, OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE WEBSITES WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (5) THAT ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED, AND PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE, OR PROTOCOLS WILL BE CORRECTED OR RESOLVED.
ANY PRODUCT OR PROGRAM DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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.
NO ADVICE OR INFORMATION, INCLUDING MEDICAL ADVICE, STRATEGY, GUIDELINES, OR RELATED CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAMAQIAO OR FROM THE WEBSITES, SERVICES, OR RELEVANT SOCIAL MEDIA PAGES SHALL CREATE ANY WARRANTY, GUARANTEE, OR STRATEGY NOT EXPRESSLY STATED IN THESE TERMS.
VETTING BY DAMAQIAO OF EACH AND EVERY DOCUMENT, PHOTOGRAPH, VIDEO, REVIEW, RELATED MEDIA, POSTING, OR OTHER COMMUNICATION, IN ADDITION TO ANY OTHER CONTENT POSTED VIA THE WEBSITES OR SERVICES, MAY NOT BE POSSIBLE OR REALISTICALLY PRACTICABLE. AS A RESULT, DAMAQIAO CANNOT AND DOES NOT CONTROL ANY LISTING REVIEWS, COMMENTS, PHOTOGRAPHS, OPINIONS, POSTINGS, OR OTHER CONTENT OR MATERIAL POSTED VIA THE 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 WEBSITES OR SERVICES.

DAMAQIAO IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS, OR SECURE ACCESS TO ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT, AND NETWORK, AND OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF DAMAQIAO’ CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND, AND AGREE THAT DAMAQIAO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DAMAQIAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES, E-MAILS, REVIEWS, POSTINGS, COMMENTS, OR OTHER COMMUNICATIONS RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE WEBSITES OR OTHER AFFILIATED OR RELATED WEBSITES OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; (5) THE FAILURE OF THE NETWORK OR WEBSITES TO TIMELY PROCESS AN OFFER; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITES, ANY DAMAQIAO AFFILIATED OR RELATED SERVICES, FEATURES OR APPLICATIONS, OR ANY OTHER DAMAQIAO OWNED OR OPERATED ENTITY. FURTHER, DAMAQIAO IS NOT A PARTY TO ANY SUCH TRANSACTIONS MADE BETWEEN LISTING CLIENTS AND USERS, AND DAMAQIAO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DEFAULTS, COSTS, INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING USERS, LISTINGS, PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH THE WEBSITES OR SERVICES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS UNDER THESE TERMS, ANY ADDITIONAL TERMS, OR THE PRIVACY POLICY IS LIMITED TO THE GREATER OF (1) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (2) $100.
SOME PROVINCES, COUNTIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The laws of Ontario, excluding Ontario’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any of the Websites or Services. All claims arising out of or relating to these Terms or any of the Websites or Services will be litigated exclusively in the federal or state courts of Toronto, Ontario, and you and DAMAQIAO consent to personal jurisdiction in those courts.

These Terms, in addition to any applicable Additional Terms and the Privacy Policy and any other agreements between you and DAMAQIAO with respect to the Websites or Services, constitute the entire and exclusive understanding and agreement between DAMAQIAO and you regarding the Websites and Services, and these Terms supersede and replace any and all prior Terms of Service or Terms of Use for any of the Websites or Services.

The failure ofDAMAQIAO 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 DAMAQIAO. 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.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and DAMAQIAO.

You acknowledge and agree that DAMAQIAO will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.

We do not represent that the materials in the Website or Services are appropriate or available for use in any particular location. Those who choose to access the Website or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to Canada. trade sanctions, or (b) a person or entity on Canada. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.

If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.

You agree that your DAMAQIAO account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

For questions about the DAMAQIAO Websites or any of the Services we provide, please feel free to contact our Customer Service department at info@DAMAQIAO.com to speak to a representative.

1. Introduction

Welcome to the DAMAQIAO family of sites and software! This DAMAQIAO Privacy Policy (“Privacy Policy”) describes how we collect, use, and disclose information about you when you access or use DAMAQIAO:

(a) websites, portals, mobile applications, channels, and software, including DAMAQIAO.com, HanMaWish.com, DaMaMaps.com, and HanMaMaps.com, social media pages and channels (collectively, the “Websites”); and

(b) any services, features, media, functions, content, tools, and links contained or offered in the Websites (collectively, the “Services”).

We may make changes to this Privacy Policy from time to time. We may also post privacy policies or statements on Websites or Services where those additional policies apply. When we make changes to this Privacy Policy, we will do our best to notify you by:

(i) sending an e-mail to the e-mail address you most recently provided; or

(ii) sending a push notification or in-app notification; or

(iii) prominently posting a notice of the changes on those Websites.

We respect the privacy of your personal information when using the DAMAQIAO family of Websites and Services. You also have certain rights with respect to your information, as explained further below in the Privacy Policy.

2. Information We Collect And How We Use It

Information We Collect

We collect certain types of information in order to better provide our Websites and Services to all of our users. The types of information we may collect, and how that information is used, depending on how you use our Websites and Services.

Account Information: If you create an account on any of the Websites or Services (a “User Account”), you may submit your full name, e-mail address, home address, phone number, zip code, gender, a profile bio, and birth date. Some users may also submit their means of age verification (e.g., driver’s license) or medical marijuana recommendation, including their recommending doctor’s name and license number, contact information, verification methodology, and a verification number. We use this information to facilitate the creation and continued security of your User Account and to assist in facilitating transactions that you initiate through the Websites and Services. We also use it to identify you as a user in our system based on a legitimate interest in providing, personalizing, and improving the Services for optimal user experience. See below for more on Managing and Deleting Your Information.
Public Content: The information that you contribute or post on the Websites or Services is intended for public consumption, including your reviews, tips, photos, videos, check-ins, comments, likes, posts, events, bookmarks, friends, lists, compliments, and User Account name and profile photo.
Communications: When you sign up for a User Account or use certain features, you can opt-in to receive social, transactional, marketing, or administrative messaging from other DAMAQIAO users, businesses, and DAMAQIAO itself. You may also exchange messages with DAMAQIAO administrators, or other users.
Messages that you exchange through the Websites or Services are saved. If you send or receive messages through the Websites or Services via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. We may also store the information that you provide when you communicate with us, including phone calls, letters, e-mails, and other electronic messages, or in person. This information is largely used to process and deliver those messages, based on our legitimate interest in facilitating communications and responding to you for things like customer support. We also use it to send newsletters, surveys, offers, and other promotional materials. You may always opt-out of our direct marketing e-mails by following the instructions contained within our promotional e-mails or, in some cases, by logging into your User Account and changing your communication preferences.
Transactional Information: If you initiate a transaction through any of our Websites or Services (the “Transactable Sites”), you may submit personal information such as your name, telephone number, billing address, shipping address, and e-mail address. To most efficiently serve you when placing orders through our Transactable Sites, credit card transactions and order fulfillment are handled by established third-party banking managers, processing agents, and distribution institutions. They receive only the information required to verify and authorize your credit card or other payment information and to process and ship your order. You may submit your credit card information when you engage in a transaction on the DAMAQIAO store. We encrypt this information using industry-standard technology, but use of your credit card information is governed by the Privacy Policies of WooCommerce, who helps process those transactions. For more information, see: https://automattic.com/privacy/. Some users may also submit data that may be considered personal medical information, such as medical marijuana recommendations for orders placed through the Transactable Sites. This can include order history. We use this information to facilitate your transaction, from receiving orders to sending communications about them to you. Things like order history can help populate forms for future transactions. Some of this information will be shared with third parties, such as dispensaries or delivery carriers, to help facilitate the transaction you initiate.
Activity: We may collect information about you through your use of our Websites and Services, including geographic location, IP address, browser type, domain name, the website that led you to the Websites, the website to which you go after leaving the Websites, the dates and times you access the Websites, device ID, and activities within our Websites or Services (e.g., links you click, searches you run, the date and time of your visit or order, the businesses you call or e-mail using our mobile applications, and the purchases you make through the Transactable Sites).
We do this to customize the advertising you view and to recommend content based on our legitimate interest in advertising our Websites and Services. We also do this to provide user base demographics to our listing providers in order to help connect you to those business and facilitate your transactions with them. Further, we may collect certain information with the help of cookies and other tracking mechanisms–please see our Cookies section below for more information.

“Do Not Track” requests

DAMAQIAO may track its customers over time as they browse third-party sites, in order to provide intelligent, customized advertising, and currently does not recognize Do Not Track (“DNT”) signals from web browsers, as the Internet industry is still working on DNT standards and solutions.

In addition, some third parties may collect your information when they serve you content on our site. This enables them to tailor what they present to you over time. Many web browsers allow you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. Please review your web browser’s internet options for more details.

How DAMAQIAO Uses Your Information

In addition to the above, we also collect and use the information for the following purposes:

To track usage of the Websites and Services, analyze system administration, debug and identify repairs, and back up our systems to allow for disaster recovery, based on our legitimate interest in operating and administering the continued availability of our Services and Websites.
To detect security incidents and protect, investigate, prevent, and potentially take action against possible deceptive, fraudulent, unauthorized, malicious or illegal activities, and to respond to claims that Website content is inauthentic, counterfeit, or otherwise violates the rights of third parties, based on our legitimate interest in promoting the safety and security of the systems and applications used for our Websites and Services and in protecting our rights, your rights, and the rights of others.
To improve, upgrade, and enhance the Websites and Services, based on our legitimate interest in providing you and other users with optimal user experience.
To enforce our Terms of Use, this Privacy Policy, and any other policies governing your access to or use of any of the Websites or Services.

How DAMAQIAO Shares Your Information

We generally do not share your personal information, except in the following limited circumstances:

We may share your personal information at your direction, including with third parties such as dispensaries to fulfill orders or requests you place on our Websites.
We may share your information with other third parties who perform legitimate services on our behalf as described in Section 4 below.
We may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses, or to protect DAMAQIAO, our Websites, and Services, or any rights, property, or personal safety of DAMAQIAO or others.
In the event that DAMAQIAO is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction and such acquirer or merged entity may thereafter utilize your personal information in accordance with this Privacy Policy. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset.

We may also share your information with our affiliates as described above for any purpose consistent with this Privacy Policy.

3. Cookies

We use cookies, web beacons, tags, scripts, local shared objects such as HTML5, advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with your use of the Websites or Services. We also use third parties, like Google Analytics or Optimizely, to help us process this information.

Cookies collect and transmit information about you, such as your use of the Websites or Services; your browser type, search preferences, IP address; and the date and time of your use. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in e-mails we send to you, and on our web pages.

We use both session-based and persistent Cookies. Session-based Cookies exist only during one session and disappear from your device when you close your browser or turn off your device. Persistent Cookies remain on your computer or device after you close your browser or turn off your computer.

We use the following different categories of Cookies:

Operationally Necessary. We use these Cookies for the proper operation of our Websites, Services, and relevant essential applications, features, and tools. This includes technologies (i) that allow you to access our Services, applications, and tools, (ii) that are required to identify irregular site behavior, prevent fraudulent activity, and improve security, or (iii) that allow you to use our other ancillary functions such as shopping carts, saved searches, or similar features. If you prevent these cookies, we cannot guarantee that the Websites or Services will function.
Performance Related. Performance-related cookies collect information related to your use of the Website or Services, such as web page analytics or error reports. We use these Cookies to assess the performance of our Websites, Services, and relevant applications, features, and tools, and to help us understand how people use them. For example, we use Google Analytics and other enterprise-grade platforms like Optimizely to help in this effort. For an overview of Google Analytics cookies, please see their privacy policy. For an overview of Optimizely cookies, please see their privacy policy.
Functionality Related. Functionality-related cookies offer you enhanced functionality and personalization when accessing or using our Websites, Services, and relevant applications, features, and tools. This may include technologies (i) that identify you when you sign into our Websites or Services, (ii) that keep track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Websites or Services, (iii) that determine if you have interacted with our messaging and notifications, or (iv) that improve upon or create new Website content, applications, products, services, features, or tools.
Advertising or Targeting Related. Marketing cookies help us to deliver content, including ads relevant to your interests, on our sites or on third-party sites. This involves using technologies to understand data relating to advertisements that have been displayed to you or that you have clicked on. This helps us determine the usefulness of the advertisements and content that has been delivered to you.

We also work with third parties to help better serve you, and these companies use their own cookies when they serve you content on our site. For example, when using our Website or Services, you may encounter embedded content or you may be directed to other websites. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt-out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, and Digital Advertising Alliance.

Managing Cookies: It may be possible to delete, block, or disable Cookies through your device or browser settings, but doing so can affect the functionality of the Websites and Services and may prevent you from accessing certain features. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. Please note that disabling a cookie or category of cookies does not delete the cookies from your browser unless manually completed through your browser function.

4. Third Parties

Third parties may receive information about you as follows:

Advertisers: DAMAQIAO does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. However, we may allow third-party Cookies to collect the same type of information for the same purposes that DAMAQIAO does for itself. In doing so, DAMAQIAO adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
Service Providers: We may rely on third parties to provide some of the features and services that are available through the Websites or Services, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, marketing and promotional features, product listings, and brand management. We may share information from or about you with these third-party providers so that they may, for example, complete your requests. Some of our web pages utilize framing techniques to serve content to you from our third-party providers while preserving the look and feel our Websites or Services. In such cases, the information you provide may be provided to our third-party providers. Some portions of the Websites and Services use the Google Maps API and this Privacy Policy, therefore, incorporates Google’s Privacy Policy by reference.
Aggregate Information: We may share user information in the aggregate with third parties such as advertisers, brand managers, and content distributors. For example, we may disclose the number of users that have been exposed to or clicked on advertisements or certain products available in the Transactable Sites, or the general characteristics of such users. We attempt to anonymize this data wherever possible.
Businesses on DAMAQIAO: We may share information from or about you (such as your age and gender, your devices, and your use of the Websites and Services) with third-party businesses listed on the Websites or Services, for example, when placing orders. Keep in mind that businesses may see your Public Content and receive information about your transactions as defined in Section 2 above, regardless of your settings. Additionally, if you make a phone call to a business through or in connection with your use of the Websites or Services, we may share basic information about your call with the business that you contacted, such as the date and time of your call and your phone number (this same information would have been available to the business had you contacted them directly, and not through the Websites or Services). You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.
Investigations: We may investigate and disclose information from or about you to third parties like law enforcement if we have a good faith belief that such investigation or disclosure: (i) is reasonably necessary to comply with federal, state or local legal process and legally binding law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (ii) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Websites or Services; or (iii) protects our rights, reputation, property, or that of our users, affiliates, clients, partners, or the public.

5. Managing And Deleting Your Information

Your Right To Access and Manage Your Information

You have the right to access, review, correct, or update the information you provide to us as part of your registration for a User Account with our Websites or Services.

You can exercise this right and manage your own information by updating your User Account directly or by submitting a Data Request to us pursuant to the section below. You are responsible for the information you provide to us, and you should maintain the accuracy of the personal information in your User Account so that we can best provide products and services to you.

You may also be able to disallow our use of certain location data through your device or browser settings, for example by disabling “Location Services” for the DAMAQIAO application in iOS privacy settings. Please note, however, that disabling Location Services may adversely impact your experience with the functionality of our Website or Services, and enabling such services may be necessary in some cases to allow certain transactions.

Your Right To Delete Your Information

You have the right to delete certain personal information you provide to us as part of your registration for a User Account with our Websites or Services, or that you submit through the Transactable Sites. Keep in mind, we need this information to provide account management and access, and if you choose to delete information, you may not be able to take advantage of certain features of the Websites and Services. Should you choose to delete information, you can exercise this right by submitting a Data Request to us pursuant to the section below. We will never discriminate against you should you choose to exercise these rights.

In some circumstances, we may retain information about you for legitimate business or legal purposes, or for any purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Websites or Services, or to comply with legal obligations. Some information may persist in a limited internal capacity for internal administration, such as in backup files maintained for data integrity and disaster recovery. We strive to store your information no longer than necessary and will take steps to delete your information where reasonably possible.

You also cannot delete information associated with past purchases because we, and third-party businesses listed on the Websites or Services may be required to maintain records of purchases for a limited period pursuant to federal, state, or local law. Also, any public postings or other communications you have made on the Websites or Services, such as in forums or blogs, generally cannot be removed, so please be mindful of the information you include there.

Customer Data

Third-party businesses like dispensaries who use the Websites or Services may submit electronic data or information they possess about their own customers to us (“Customer Data”) for various purposes, including hosting and processing. Customer Data may include personal information, including, but not limited to, the name, location, and e-mail address of such customer. Any uses of the Customer Data by DAMAQIAO are conducted pursuant and subject to the terms of DAMAQIAO’s Terms of Use and this Privacy Policy, or as required by law.

If your personal information has been submitted to us by a third-party business using the Websites or Services as Customer Data and you wish to exercise your rights to access, revise, or delete such data, please inquire with the relevant third-party business and submit a Data Request to us pursuant to the section below.

Data Requests

Please note that we take your privacy seriously and therefore take steps to safeguard your personal information, including ensuring an adequate level of data protection in accordance with international standards.

If you are not satisfied with how we have stored or processed your personal information, please contact us pursuant to the section below. If you would like to access, revise, or delete any personal information, please submit a written Data Request by contacting us pursuant to Section 6 below.

We will take such steps as we deem necessary to verify your identity before proceeding with your Data Request. For example, we may ask you for a piece of information held in your records that you might reasonably be expected to know. We cannot disclose personal information pursuant to a Data Request to anyone other than the individual in question. Once any queries around the information requested have been resolved, copies of the information will be sent to you electronically wherever possible or, if this is not technically possible, by mail.

If you submit multiple Data Requests and these Data Requests are excessive or manifestly unfounded, we will charge $20.00 to cover the administrative costs involved in dealing with each Data Request. In extreme circumstances, we reserve the right to refuse your Data Requests if they are excessive or manifestly unfounded.

We will attempt to respond to proper and confirmed Data Requests within thirty (30) days, or as otherwise required by applicable law. If you are not satisfied with the way your Data Request was handled, you may refer your Data Request to your country’s data protection authority. In the European Economic Area (EEA), any such request should be directed to the appropriate Data Protection Authority in the EU Member States and in Iceland, Liechtenstein, and Norway.

Your Right To Cancel Or Modify Marketing Communications

You have the right to cancel or modify the e-mail marketing communications you receive from us. You can exercise this right by following the instructions contained within our promotional e-mails or, in some cases, by logging into your User Account and changing your communication preferences. Please note that this will not affect subsequent or different subscriptions–if your opt-out preferences are limited to certain types of e-mails, the opt-out will be so limited.

While you can manage some of your e-mail preferences, please note that you cannot opt-out of receiving certain administrative, transactional, or legal messages from DAMAQIAO which we may send in the course of legitimate business if you are signed up for a User Account and/or use certain features. However, such announcements can be terminated by asking us to close your User Account.

6. Contact Information for submitting a Data Request

For any questions related to this Privacy Policy or to submit a Data Request, you may contact us via e-mail at privacy@DAMAQIAO.com.

7. Children Using The Websites Or Services

The Websites and Services are intended for adults only and require that users be no less than eighteen (18) years of age. Please note that certain Websites and Services require you to be at least twenty-one (21) years of age to access and use such Websites and Services. Please check the applicable terms and conditions for such Websites and Services for further information. Individuals under the age of eighteen (18) (or twenty-one (21) for applicable Websites and Services) are prohibited from creating a User Account and profile, accessing the Websites or Services, and/or ordering products on the Transactable Sites. If you become aware that an underage user has created a User Account using false, stolen, or otherwise misleading information, please contact us immediately at 1-647-885-5166, or at customerservice@DAMAQIAO.com.

8. Security

We have implemented a number of measures to help protect your personal information. These measures include, but are not limited to, minimizing access to personal information to employees with a need to access it, and encrypting personal information provided through our Site using SSL/TLS. Please note, however, that while we endeavor to keep our security measures up-to-date, no data security measures can guarantee complete security.

In addition, there are steps you can take to help protect your information, including choosing a robust password for your device and/or account that nobody else knows or can easily guess, and keeping your log-in and password private.

DAMAQIAO is not responsible for the actions or activities of unauthorized third parties who compromise our security measures, and so we cannot be responsible for such unauthorized party’s access, acquisition, or distribution of your personal information. If you believe your personal information has been compromised, we encourage you to notify us immediately using the contact information above. Please note that we retain some personal information about you in accordance with our record retention policies, as required by law, or as required for the achievement of the purposes of the processing as mentioned above (e.g., to enforce any agreements or provide a product/service).

It is important for you to protect against unauthorized access to your account, password, and computer. Be sure to sign off of your account when finished, especially if you are using a shared computer. You can learn more about steps you can take to protect your personal information at: https://www.consumer.ftc.gov/articles/0272-how-keep-your-personal-information-secure.

9. International Data Transfer

We share information globally, both internally within DAMAQIAO and externally with our partners around the world. If you are located outside of Canada, please be aware that information we collect, including your personal information, may be transferred to, and processed, stored, and used within Canada. This transfer is necessary to provide our Websites and Services.

Canada may have data protection laws that are different from those of your country. However, we take measures to ensure that any such transfers comply with applicable data protection laws and that your personal information remains protected to the standards described in this Privacy Policy.