All references to “Us”, “We”, “Our”, “Company”, “District Derp” mean District Derp LLC, a company registered in accordance with the laws of the District of Columbia.
All references to “You” or “Your” mean the person, persons, entity, entities, or authorized parties accessing or using the Company’s Services.
“Agreement” refers to all provisions and understandings as presented herein.
“Website” or “Site” shall include references to all URLs currently or previously operated by the Company.
“Services” means any services provided by the Company including but not limited to the sale of custom made artwork, and a Website to learn more about Company to Users.
“Terms” mean all the terms and conditions in this Agreement.
“User” means any party who accesses and/or uses the Website, and/or visits our Location, and/or uses Services.
By accessing or using the Services, or otherwise visiting and navigating the Site, You agree to be legally bound by and comply with the terms and conditions as set forth in this Agreement. By providing Your email address, You agree to receive communications in connection with the Site and the Services, including, but not limited to email letters with information and notifications.
This Agreement governs the information you may provide to Us on Our Site. You are solely responsible for the content or information you provide to Us. By submitting your information to Us, You agree to be bound by the terms and conditions of this Agreement.
You must agree to all of the Terms in this Agreement. If You do not agree to the Terms, You are not permitted to use the Site and the Services. If You do not understand all of the terms in this Agreement, then You may wish to consult with an attorney before using the Services.
We may modify or amend this Agreement at any time by posting an updated version on the Site. In this case, any modifications shall be effective at the time of posting. If You elect to continue using or accessing Services, You agree to be bound by any modifications or changes. If You choose not to be bound by the modified agreement, You shall cancel Your account and discontinue Your access or use of the Services.
You agree that we may elect to modify or discontinue any portion of the Services, or suspend or terminate Your access to the Services at any time, without notice, in certain limited circumstances as described in this Agreement.
If You elect to use or access our services, You confirm that You are at least 21 years old and that You can freely enter into a legally binding contract with us. If we become aware that a User is under the age of 21, we may and will cancel that User’s account or access to Services.
3. District Derp User/Profile or Account
To create an account on Districtderp.com a User will go to our website and click on the button in the top right hand corner of the screen that says “Create Account”. When you create an account on Districtderp.com you consent to provide and do provide this information to us:
- your legal first name and last name
- your email address
- phone number
- birth date
4. Gifting Policy
We may provide cannabis and cannabis-infused gifts to our customers aged 21 and over. The gifts are free and never have any dollar amount associated with them. If You are 21 years of age or older and are located within the District of Columbia you may be eligible to receive a gift with your purchase of artwork. If you are located outside of the District of Columbia, You will not be able to receive a gift under any circumstance.
5. Unlawful Use
You must not use the Services in an unlawful way, and You must comply with any and all laws, rules and regulations (“Laws”) relevant to Your access and use of the Services. This may include, but is not limited to federal law, state law, local law, intellectual property laws, and data and privacy laws.
6. Suspicion of Unauthorized, Prohibited, or Unlawful Use
In the event that You engage in or prompt, coerce, or encourage another party to engage in any activity expressly or impliedly prohibited by this Agreement, We reserve the right to suspend or terminate Your use of the Services. If we suspect that You have used Services for fraudulent, unauthorized, or illegal purposes, we reserve the right to delete, suspend or otherwise prevent access to Your account and any materials You have uploaded or submitted and, when appropriate, pursue legal action against You or report illegal activity to law enforcement authorities, regulatory authorities, or appropriate financial institutions.
7. False or Misleading Acts Regarding User Content
You agree not to submit, transmit or otherwise share misleading, spurious, or untruthful User Content. Moreover, You acknowledge that honesty, fairness and transparency are key cornerstones of the Services, and You agree not to engage in or cause another party to engage in any dishonest or misleading behavior when accessing or utilizing the Services.
8. Data Security
We will take commercially reasonable administrative, technical, and physical steps to protect User Data and Personal Data stored on our restricted databases from unauthorized access, accidental loss, tampering, modification or breach. We will comply will applicable laws concerning data security. Although we will take steps to reduce security vulnerability, no security system is absolutely impregnable or incorruptible, and as such, we cannot and will not guarantee that no third party will ever be able to circumvent or defeat our security protocols or manipulate or misuse data stored in our databases. In Our sole discretion, we may elect to take any reasonable step to protect the security of our system and Services, including suspension of Your account, to curb, mitigate or prevent harm to You, other Users, or Us. You waive any and all rights to make a claim against us for losses incurred as a result of actions we take or decisions we make to protect the security and integrity of our system and Services.
9. Your Rights to Use & Access Services
We grant You limited, non-transferable, non-exclusive and revocable permission to access and use our Site and Services under the following limited circumstances: a) You agree not to distribute, copy, or modify any of the Site or Services; b) You will not transmit any content that contains software viruses, spyware, or any other malicious or harmful software or computer code; and c) You will not disrupt, damage, or tamper with servers or networks connected to Services.
10. Service Limitations
We will take reasonable steps to ensure that Services remain operational. However, there may be occasions when technical difficulties or maintenance may interfere with or obstruct Your access to services. To the extent permissible by law, we reserve the right to, on occasion and at any time, modify or discontinue, permanently or temporarily, the Services or features offered in tandem with Services. You understand and agree that we are not obligated to maintain, support, or upgrade Service. You further agree and understand that we may enforce this section to the furthest extent allowed by law.
11. Third Party Links
In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Company policies and practices. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well.
12. Term and Termination
a. The term of this Agreement commences when you visit, enter, register or use Our Services including Our Site and will continue in effect until terminated by You or Company as set forth in this Section.
b. You may terminate this Agreement by deleting your information from the Site and all copies thereof from your Device, or by requesting the Company to do so on Your behalf.
c. Company may terminate this Agreement at any time without notice if it ceases to support Our Services, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms of this Agreement.
d. Termination of this Agreement does not relieve You of any obligations You may have incurred while engaging or transacting with Company.
e. Upon termination:
i. All rights granted to You under this Agreement will also terminate; and
ii. You must cease all use of the Services and delete all copies of the Site and Application from your Device and account.
f. Termination will not limit any of Company’s rights or remedies at law or in equity.
13. Warranties, Representations & Disclaimers
You represent and warrant that You have validly entered into this Agreement and that You have the legal authority to do so. You also represent and warrant that You are legally responsible for the conduct of those authorized to act on Your behalf.
Unless otherwise expressly provided for in this Agreement, Services and all related software and source code are provided on “as is” and “as or when available” bases without any warranties of any kind. Moreover, We expressly disclaim any and all warranties, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. We do not provide any warranty whatsoever that Services will be uninterrupted, timely, error-free or secure.
You will defend, indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, demands, losses, costs, liabilities and expenses (including, but not limited to reasonable attorneys' fees) relating to or arising out of Your use of the Site and Our Services, including, but not limited to, any breach by You of this Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, provided that You shall remain liable for any such claim.
15. Limitation of Liability
We are not responsible for or liable to You for any damages, including but not limited to, punitive, incidental, special, consequential, indirect, or exemplary stemming from: a) Your use of the Services or connected software; b) third party use of the Services or connected software; c) Your inability to use the Services; d) Service unavailability; e) lost profits, property damage, or any other damages arising out of or in connection with this Agreement or Your use of or access to Services even if we have been advised of the possibility of such damages regardless of the form of action or omission of action whether in tort, contract, or otherwise.
We are not responsible for or liable to You for any damages, harm, or losses resulting from or related to hacking, tampering, or unauthorized use of Services or Your account.
We do not guarantee accuracy, completeness, or usefulness of any content or information, including, but not limited to statements and offers made available through the Site, and neither adopt nor endorse nor are responsible for accuracy or reliability of any such information or content. Under no circumstances shall We be responsible for any loss or damage resulting from anyone’s reliance on any information, content, or reviews posted on the Site. All such information or content constitutes the subjective opinion of the User who posted such information or content.
We may, with or without Your consent, assign or delegate any or all provisions of this Agreement to any person or entity at any time. You, however, may not assign or delegate any rights or obligations arising under this Agreement to any person or entity without our prior written consent, and if You attempt to or actually make an assignment or delegation, such assignment or delegation by You is void.
17. Governing Law & Venue
This Agreement is made in accordance with and governed by the laws of the District of Columbia. You agree to be bound by and submit to the exclusive jurisdiction and venue of the District of Columbia should You elect to bring any legal action against Us arising out of or relating to this Agreement.
18. Force Majeure
We are not responsible or liable for failure or delay of performance caused by: a) an act of war, hostility, or sabotage; b) an act of God; c) electrical, internet or telecommunication shortage or outage that is not caused by Us; d) national, state, or local government restrictions or intervention; or e) any other event that is beyond Our reasonable control, whether foreseeable or not.
In the event that any provision of this Agreement is found by a competent jurisdiction to be unlawful, void, or unenforceable, such provision will still be enforceable to the fullest extent permitted by applicable law, and any such portion will not affect the other provisions of this Agreement.