Terms of Use
Paid Service Terms of Service
Support Terms
Copyright Claims
Infringement
Copyright Notices
Community Guidelines

Terms of Use

Last updated: May 10, 2023

By accessing www.ganjingworld.com, you accept these Terms of Use. Please read the following carefully.

1. Introduction

Welcome to Ganjingworld. Our mission is to create a "clean world" platform of knowledge and information free of corruptible and provocative content. We seek to gather clean and wholesome information about the world in one place so that you can enjoy the knowledge and richness of this world, and parents do not have to worry about their children running into inappropriate content.

The curated universe of Ganjingworld consists of dynamic and overlapping networks of:

  • Encyclopaedia knowledge

  • Entertainment content

  • User-created content

  • Social media

  • Integrated platforms and services

Our provision and your use of these services are governed by these Terms of Use (the "Terms"), which apply to all Ganjingworld Corporation ("GJW") websites, mobile applications ("Service"), all information and materials ("Content") and all merchandise and products ("Product") made available through our Service. The Content includes audio, videos, graphics, photos, texts, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by us, you or third-party.

Content is the sole responsibility of the person or entity that provides the Content to the Service (“User”). GJW is under no obligation to host or serve User Content. If you see any Content you believe does not comply with the Terms of Use, including by violating the Community Guidelines or the law, you can report it to us at [email protected].

We ask that you read these Terms carefully as they set out what you can expect from us, what we expect of you, and what happens when there are disagreements.

2. Rules of Service and Conduct

Acceptance

By accessing and using our Service, Content, or Product, you agree to these Terms, which form a binding legal relationship between you and us. Throughout these Terms, "we," "us" or "our" means Ganjingworld and its affiliates.

Age and Eligibility

By accessing and using the Service, you affirm that you are 18 years or older. If you are under 18, you may only use our Service with the consent of your parent or legal guardian.

If you are accessing or using our Service on behalf of a business or entity, you must have the authority to agree to and enter into these Terms on the business or entity's behalf. Your business or entity is legally and financially responsible for your access to or use of the Service.

Creating an Account

You may need to register or create an account to use all or part of our Services. Any registration and account information you submit to us must be true, accurate, and complete at all times. You are responsible for what you and others do with your account and should take reasonable steps to keep your account secure.

Guidelines on User-Conduct

We expect and appreciate that you comply with these guidelines when you access our Service and Content. Your compliance with these guidelines is vital to achieving our shared mission of creating and sustaining a clean informational world.

If you violate any of these guidelines, we may restrict your access or use of our Service and Content. We may also suspend or terminate your account.

1) Copyright Policy

You may only upload Content that you have the right to upload and share. Copyright owners may send GJW a takedown notice as stated in our Copyright Policy if they believe GJW is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

2) Content Restrictions

You may not post, or transmit anything on the Service and Content that:

  1. Entails element of violence, obscenity, or explicit sexual or sexualized content or intended to shock or disgust;

  2. Contains vulgar language, including sexually explicit language or narrative and excessive profanity

  3. Is offensive, abusive, defamatory, threatening, or that advocates or incites violence;

  4. Harasses or bullies other users;

  5. Is malicious or floods the board, with the intent to interfere with the operation of the website or app;

  6. Deliberately promotes or affirms Chinese Communist Party ideology, propaganda, or agenda;

  7. Shows or promotes extremely dangerous challenges, pranks, instructions to kill or harm, hard drug use or creation, eating disorder, violent events, instructional theft or cheating, hacking, bypassing payment for digital content or services

  8. Shows or promotes a minor participating in dangerous activities or encouraging minors to do dangerous activities that may lead to injury, including dangerous stunts, dares, or pranks; inflicts emotional distress on minors, including exposing minors to mature themes, simulating parental abuse, coercing minors or violence

  9. Is fraudulent or is for a fraudulent purpose;

  10. Constitutes or encourages conduct that would give rise to criminal or civil liability;

  11. Violates intellectual property rights, proprietary rights, privacy rights, contractual rights, or any other rights of Ganjingworld or any third party;

  12. Contains any virus or malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service or Content;

  13. Contains unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;

  14. Impersonates any person or entity, or misrepresents your affiliation with any other person or entity;

  15. Links, references, or promotes commercial products or services without our express permission;

  16. Attempts to interfere with or disrupts others access to the Service or Content;

  17. Has previously been removed, in whole or in part, by us for a breach of these Terms or any other applicable terms, or which attempts to circumvent our enforcement action;

  18. Advocates or promotes suicide or self-harm or poses a risk of harm to viewers;

  19. Attempts to solicit, buy, sell, trade, donate, gift, or otherwise engage in trafficking illegal drugs.

  20. Promotes violence or hatred against individuals or groups based on age, caste, disability, ethnicity, gender, nationality, race, religion, victims of a major violent event and their kin, veteran status;

  21. Sell firearms or certain firearms accessories through direct sales; provide instructions on manufacturing firearms or ammunition

3) Code of Conduct

By accessing and using the Service or Content, you agree not to engage in any of the following:

  1. Copying, reproducing, redistributing, recording, ripping, transferring, framing, linking to, displaying, broadcasting, making available to the public, or any other use which is inconsistent with these Terms or applicable law, or which otherwise infringes intellectual property rights;

  2. Reverse-engineering, decompiling, disassembling, modifying, creating derivative works, or attempting to reconstruct, identify or discover any source code, underlying ideas, or algorithms, subject to applicable law;

  3. Importing, copying or transferring any local files or cached Content from one platform to another, without the legal right to do so;

  4. "crawling" or "scraping," or using any other automated means such as bots and spiders, to view, access or collect information;

  5. Circumventing any software, program, security feature or technology, including digital rights management mechanisms, used by us, our licensors, or any third party;

  6. Circumventing or blocking advertisements through tools, programs or software;

  7. Selling, assigning, transferring or leasing, or engaging in any form of monetization, except as expressly permitted under these Terms;

  8. Altering or removing any notices, marks or indications of intellectual property, such as to disguise, conceal, erase or change any indications of the source of ownership;

  9. Altering any part of the Service or Content without our and the relevant licensors' express permission;

  10. Interfering with or disrupting the operation of the Service or the servers or networks used to make the Service available.

  11. Artificially increases the number of views, likes, comments, or other metrics either by using automatic systems or serving up videos to unsuspecting viewers. Also, content that solely exists to incentivize viewers for engagement (views, likes, comments, etc) is prohibited.

4) Prohibited Technical Measures

You will not:

  1. Except as authorized by law or as permitted by us: redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;

  2. Submit any malicious program, script, or code;

  3. Submit an unreasonable number of requests to our servers;

  4. Take any other actions to manipulate, interfere with, or damage our Service;

  5. Knowingly solicit or collect personal information from a child 12 years old or younger;

  6. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from GJW and, if applicable, the respective rights holders;

  7. Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

  8. Access the Service using any automated means (such as robots, botnets or scrapers) except with GJW’s prior written permission;

  9. Collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person;

  10. Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

  11. Cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;

  12. Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.

5) Restricted Users

You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; or (b) listed on any U.S. Government list of restricted parties.

6) Right to Monetize

GJW will not monetize your Content until you enter into a separate agreement with GJW when GJW monetization plan is available.

7) Accessibility and Ratings

If required by applicable law, you must provide closed captioning in your videos.

We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately

8) Removal of Content By GJW

GJW reserves the right to remove or take down some or all of your Content if it (1) violates our user guidelines or (2) may cause harm to GJW, our users, or third parties unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for GJW; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party and GJW.

9) Account Suspension & Termination

GJW may suspend or terminate your account or access to all or part of the Service if (a) you violate this Agreement materially or repeatedly; (b) we are required to do so by law or court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, GJW, or its affiliates.

In the event of termination or suspension by GJW, we will inform you of the reason, unless we have reasonable grounds to believe that: (a) doing so would violate the law or directions of legal authorities; (b) it would compromise an investigation; (c) it would compromise the integrity, operation or security of the Service; or (d) it would cause harm to any users, other third parties, GJW or our Affiliates.

If you want to terminate your account or remove your channel, you should first delete all your Content, and then send a request to [email protected] to terminate your account or remove your channel. Please allow ten (10) business days for us to process your request.

3. Intellectual Property

Our Proprietary Rights

Where applicable, we or our licensors own, solely and exclusively, all rights, title to and interest in the Service and the Content, which includes all copyrights, trademarks rights, patent rights, moral rights, sui generis rights and other intellectual property and proprietary rights.

These rights, titles and interests are protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition laws to the fullest extent possible.

Your access to or use of the Service and Content does not grant you ownership of such Service or Content. The Service and Content are provided for your personal, non-commercial use only. Any commercial distribution, publishing or exploitation of the Service or Content without our express permission is strictly prohibited.

All trademarks, service marks, trade names, logos, domain names, and any other features of the Ganjingworld brand are our sole property. These Terms do not grant you any rights to use our brand features, for commercial or non-commercial purpose, without our written permission.

You understand that the Service and Content may include or incorporate a security framework using technology that protects digital information and imposes usage rules established by us, our affiliates or our licensors. You hereby agree to abide by such usage rules.

Your rights to use the Service and Content

Subject to your compliance with these Terms and any other applicable terms and conditions established by us, our affiliates or our licensors, we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content.

The Service and Content are licensed, not sold or transferred to you. We or our licensors retain ownership of all copies of the Service, software applications and Content even after its installation on your devices. For clarity, this paragraph does not apply to physical Product that is sold or otherwise made available through the Service.

4. Responsibility and Rights in User Content

License Over User Content

You retain ownership of your Content ("User Content") that you post, submit or transmit to the Service. By posting, submitting or transmitting your User Content to us, you grant to GJW an immediate, non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and sub-licensable license to reproduce, distribute, transmit, communicate to the public, perform and display, edit, modify, adapt, translate, create derivative works from and otherwise use any such User Content through any format, platform or medium, in connection with the Service. Without compensation to you, you automatically permit us to use your name, profile picture, and information about actions you have taken on the Service in connection with ads and other sponsored content we display.

In posting User Content on the Service, you acknowledge that such User Content will be publicly accessible and freely shared by other users of the Service and across the web. Subject to our Privacy Policy, we deem all User Content to be non-confidential, and may use such User Content without any confidentiality or other non-disclosure obligations and without attribution to you or any third party.

To the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern "moral rights" or "droit moral," or similar rights, in connection with any User Content that you post or share through the Service.

Duration of License

In the event that you remove or delete your Content from the Service, the licenses granted by you remain valid for a commercially reasonable period of time. GJW may retain copies of your videos that have been removed or deleted on its servers, but they will not be displayed, distributed, or performed.

Responsibility Over User Content

You are solely responsible for all User Content that you post or share on the Service. You agree that you will not post or share User Content that is or contains the intellectual property of a third party you do not have permission to use. You represent that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party or otherwise in violation of applicable law.

We will make every effort to monitor, review and control User Content. However, we are not responsible or liable for what you or others may post or share on the Service, including User Content that violates our User Guidelines.

We reserve the right to remove or restrict access to any User Content, at our discretion, without notice or liability to you.

Your Warranty

You warrant that you own or have the lawful right to post or share any User Content you post or share on the Service. You also warrant that you have the right to grant us the license to use your User Content as described in this section and that our use of your User Content pursuant to such license will not violate these Terms, including our User Guidelines, all applicable law, and the intellectual property or other rights of any third party.

You agree that our use of your User Content does not imply that we are affiliated with you or that we endorse you or your User Content.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold us, our affiliates, officers, directors, employees, and agents harmless against any and all claims, liabilities, costs, and expenses (including but not limited to attorney's fees), arising from (i) your use of and access to the Service, Content or Product; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. You also agree to assist and cooperate with our defense of any such claims. This defense and indemnification obligation will survive this Agreement and your use of the Service. Feedback

We welcome but do not solicit ideas, suggestions, or other feedback regarding our Service, Content and Product ("Feedback"). If you provide any Feedback to us, such Feedback is not confidential, and we may use such Feedback without restriction or compensation to you. Feedback is considered User Content under these Terms.

5. Privacy Policy

Your privacy is important to us. In the course of your use of the Service, we may ask you to provide us with certain personalized information about you. Our information collection and use policies with respect to the privacy of such information are set forth in our Privacy Policy, which is incorporated into these Terms. You are solely responsible for the accuracy and content of such personalized information that you provide.

6. Purchase and Sale of Content and Product

You may be required to pay for access or subscription to certain Content or to purchase Product provided through the Service. By initiating a transaction with us, you represent and warrant that you are 18 years or older and have the legal right to use the payment means selected by you.

Please be advised that certain subscriptions that you purchase may be Content specific and may not grant you subscription or unrestricted access to the entirety of our Services.

Purchase

You agree to pay in full the prices for any purchase you make either by credit or debit card concurrently with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes in relation to your purchase. If your payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

You may be asked to supply certain information in connection with your purchase, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. By submitting such information, you allow us to use such information in accordance with our Privacy Policy, including, without limitation, providing such information to third parties to facilitate the completion of transactions initiated by you or on your behalf. We may verify the information that you provide us in connection with your transaction, prior to completion of such transaction.

We or our third-party designees may automatically process charges against your selected payment method on the receipt page.

To the extent permitted by law, all sales through the Service are final, and all charges from those sales are non-refundable, except as otherwise provided in these Terms.

Product Specification, Availability, and Pricing

We seek to accurately describe the Content and Product we offer through the Service, but do not warrant that such descriptions or specifications are complete, accurate, current, or free of error.

When there is an error in the availability, pricing, description or specification of a Content or Product, we reserve the right to refuse or cancel any purchase of such Content or Product. If we charged your credit card prior to such cancellation, we will reissue that credit to your account.

Price, any applicable discount, availability and the specifications of any Content or Product provided through the Service are subject to change with or without prior notice.

If a Content or Product you purchased from GJW is not as described on the Service, your sole remedy, to the extent permitted by law, is to return that Product, cancel the purchase and receive a credit for the purchase price.

Product and Service Delivery

We strive to keep the Service operational. However, the availability and delivery of the Service and the Content or Product offered through the Service may change without liability to you. For instance, the Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to comply with changes in relevant legal and regulatory requirements. We also aim to improve the Service constantly and may therefore modify, suspend, or terminate the provision of all or part of the Service.

To the extent permitted by applicable law, your sole remedy with respect to any Content or Product you purchased that is not delivered within a reasonable period will be either a replacement of such Content or Product or a refund of the purchase price that you paid for such Content or Product, which we may determine within our reasonable discretion.

We may not provide a refund to you for the failure or delay in the delivery of a Content or Product that is associated with an internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

International Orders

Users who order or purchase a Product through the Service from outside the United States are responsible for complying with their local laws and regulations. When you place an order and provide a shipping address outside of the United States, you or your designated consignee are the Importer of Record and, as such, are authorizing us to import the goods to your destination country on your behalf.

Furthermore, you agree that we may delegate the obligation to import the Product you order on your behalf to a subcontractor (e.g., a customs broker).

We will make our best effort, but are not obligated, to calculate and collect the applicable duties and taxes and any other additional fees upfront at the time of purchase, which may be indicated at checkout, or be included in the purchase price of a Product. If we do not do so, you or your designated consignee as Importer of Record are responsible for paying the applicable duties & taxes and any other applicable import fees to your local customs authorities.

Third-Party Content and Sites

GJW may provide links to other websites, software applications, and certain digital communications and content made available by third parties (collectively "Third-Party Services") for your convenience, but GJW is not responsible for the content or functionality of any third-party services. By clicking on any link to a third-party service you acknowledge and agree that we are not liable for any damages or losses that may result from your use of them.

GJW is not responsible for the quality, performance, or delivery of Third-Party Services. The availability of Third-Party Services on the Service does not imply our endorsement of, or affiliation with, such Third-Party Services or their providers.

Your engagement with Third-Party Services may be subject to the policies, terms and conditions which may be provided to you by the applicable third party. We are not responsible for any issues and disputes arising from your interactions or dealings with respect to Third-Party Services (such as issues of payment, warranties, privacy, advertisement, or delivery), which are solely between you and the provider of those Third-Party Services. You irrevocably release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in connection with such disputes.

Our Service may also be integrated with, or may otherwise interact with, Third-Party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). We do not guarantee that these Third-Party Devices and Services will be compatible with our Service or Content.

7. Disclaimers and Limitation of Liability

No liability for Content

You agree that User Content posted or shared on the Service or Content is the user's sole responsibility and that we are not and will not be liable for any errors or omissions in any content. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content that users like you provide. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide to any other users with whom you interact while using the Service.

Although we will make every effort to ensure clean and wholesome information on our Service, we cannot warrant or guarantee this outcome. As such, we are not liable for the availability of Content on our Service that individual users may consider or deem inappropriate or infringing.

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, ALL OF THE SERVICE, CONTENT, AND PRODUCT IS PROVIDED "AS IS," AND WE DO NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE, CONTENT, AND PRODUCT. FOR EXAMPLE, WE MAKE NO WARRANTIES ABOUT: (A) THE CONTENT AND USER CONTENT AVAILABLE ON THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

FURTHER, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

For clarity, this section does not expand or limit any express, written product warranty or disclaimers that are provided by us or a manufacturer, in relation to a physical Product sold by us, or any warranty on a physical product to the extent required by applicable law.

Limitation of Liability

Except as required by applicable law, in no event will we, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for (i) any indirect, special, incidental, punitive, exemplary, or consequential damages and (ii) any loss of use, data, business or profits, whether direct or direct, arising out of, or in connection with your use of the Service or Content, regardless of legal theory, and without regard to whether we have been warned of, or know about the possibility of such damages.

In any event, the aggregate liability for all claims relating to our Service or Content shall not exceed the greater of (A) the amounts you paid to us during the twelve months prior to your first claim; or (B) $30.00.

We assume no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Service or your downloading of any Content provided through the Service.

If you are dissatisfied with the Service, your sole remedy is to discontinue using the Service.

For clarity, this section does not expand or limit any express written product terms that are provided by us or a manufacturer with regard to a physical Product sold by us.

8. YouTube Sync Program Terms

If users participate in the YouTube Sync Program, they also agree to YouTube's Terms of Service (https://www.youtube.com/t/terms) and Google's Privacy Policy (https://www.google.com/policies/privacy).

Users can revoke Gan Jing World's channel access to their YouTube account or adjust their preferences on the Google Security and Permissions page (https://security.google.com/settings/security/permissions).

9. Complaints and Dispute Resolution

Any dispute, claim or controversy between you and us arising from or in connection with these Terms shall first be settled by you and us through friendly negotiations. In the event the parties fail to reach an agreement on the dispute within sixty (60) days after delivery of the written request for friendly negotiations by one party to the other party, the dispute may be submitted to American Arbitration Association (AAA) for arbitration, which shall be conducted in accordance with AAA's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon all parties.

Reconciliation

You agree that in the event of any dispute between you and us, you will first contact us by the following contact address and make a good faith, sustained effort to resolve the dispute before resorting to arbitration:

Ganjingworld Corporation

33 Fulton St, Middletown, NY 10940

Email: [email protected]

Arbitration Agreement

After attempts to resolve disputes informally, any remaining dispute, controversy or claim relating in any way to these Terms and the Service, Content and Product will be finally resolved by binding arbitration.

This mandatory arbitration agreement applies equally to you and us. However, this arbitration agreement does not govern any claim by us for infringement of its intellectual property or access to the Service that is unauthorized or exceeds the authorization granted in these Terms.

Further, nothing in this Arbitration Agreement waives, precludes, or otherwise limits any of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with these Terms, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this section.

Procedure for Arbitration

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

Ganjingworld Corporation

33 Fulton St, Middletown, NY 10940

Email: [email protected]

The arbitration will be administered by the AAA under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes.

If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

Payment of all filings, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000 unless the arbitrator determines that your claims are frivolous.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses upon request from either party made within 14 days of the arbitrator's ruling on the merits.

Time for Commencing Claim

Any claim arising from or in connection to these Terms must be commenced within one (1) year after the date the party asserting the claim first knows or ought to have known of the facts giving rise to the claim. There shall be no right to any remedy for any claim not commenced within that time period.

Class and Representative Action Waiver

Any claim must be brought in the respective party's individual capacity and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding ("Class Action"). You expressly waive any ability to maintain any Class Action in any forum.

In the context of arbitration, the arbitrator will not have the authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity who is not a party to the arbitration. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.

If you believe in good faith that certain Content infringes your copyright, you (or your agent) may send us a notice requesting that we remove or disable access to the Content. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act of 1998 (the "DMCA") permits you to send us a counter-notice.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we may replace or restore the Content or cease disabling it. Unless the original complaining party files an action seeking a court order against the provider or user of the impugned Content, the impugned Content may be restored, in ten (10) business days or more after our receipt of the counter-notice, at our sole discretion.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Please send notices and counter-notices to:

Ganjingworld Corporation

33 Fulton St, Middletown, NY 10940

Email: [email protected]

In submitting a notice or counter-notice, you understand that you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages and attorney's fees, if you knowingly misrepresent that a Content is infringing.

10. About This Agreement

Changing this Agreement

We may update this Agreement without notice from time to time to serve you better or to comply with the law. If we materially change this Agreement, we'll provide you with reasonable advance notice. If you don't agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regard to New York's choice or conflicts of law principles.

Further, you and Ganjingworld agree to the jurisdiction of the federal and state courts located in the State of New York to resolve any dispute, claim, or controversy that arises from or relates to these Terms or the Service that is not subject to mandatory arbitration under the Arbitration section established above, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Entire Agreement

Subject to any written agreements entered into between you and us, these Terms and all other terms expressly incorporated into these Terms constitute all the terms and conditions that govern you and us and supersede any prior agreements pertaining to the subject matter of these Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable for any reason or to any extent, the enforceability of the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

No Waiver

If you violate this Agreement and we or any third-party beneficiary do not immediately take action, this shall not be deemed or construed as a waiver of our or the third-party beneficiary's rights to enforce the Agreement in the future.

Assignment

We may assign any or all of these Terms and assign or delegate, in whole or in part, any of its rights or obligations under them. You may not assign, transfer or sub-license your obligations and rights under these Terms, in whole or in part, to any third party.

© 2024 Ganjingworld
;