Terms & Conditions

SmileHigh.com Terms of Use

ALL USERS MUST READ THIS SECTION

Acceptance Of Terms And Conditions

By using this Site, www.SmileHigh.com, (the “Site”), you agree to the terms and conditions in these Terms of Use between you and Smile Higher, LLC (“SmileHigh.com” or “we”). If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” or “Agreement”), your only recourse is to discontinue use of the Site.

SmileHigh.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read these Terms of Use containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

If you have any questions about these terms, please contact us at info@SmileHigh.com.

This page was last modified: October 1, 2014

CONTENT NOTICE

SmileHigh.com includes content about marijuana and related substances and products, the use of which are illegal in many jurisdictions. Such content, as with all content on SmileHigh.com, is for educational and entertainment purposes only. SmileHigh.com is intended for mature audiences only and by using this this Site, you agree that you are 18 years of age or older. In addition, we strongly suggest that you do not post information about any illegal activities as this is a public forum.

General

1. Service. SmileHigh.com is an interactive social website where users can interact with each other, post information, and comment on content submitted by users of the Site (“Service”). However, the Service includes all aspects of SmileHigh.com, including but not limited to, all products, software, and services offered via the Site.

2. Site Features. SmileHigh.com shall have the right at any time to change or discontinue any aspect or feature of SmileHigh.com, including, but not limited to, content, hours of availability, the cost of the Service, the addition of user content areas, and equipment needed for access or use. Further, SmileHigh.com may request additional information at any time by you to update or enhance account information collected for use of the Site.

3. Privacy. SmileHigh.com cares about the privacy of our users. Click here to view SmileHigh.com’s Privacy Policy. You acknowledge that all posts made on this Site are public and not private communications and that others may read your posts without your knowledge. Additionally, as a member of SmileHigh.com you may automatically be signed up to receive our newsletter. At any time after signing up, you may opt out of the newsletter by clicking on the unsubscribe link at the bottom of each newsletter.

4. Permissions and Restrictions. SmileHigh.com hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:

a. You agree not to distribute in any form any part of the Service or the Content without SmileHigh.com’s prior written authorization, unless SmileHigh.com makes available the means for such distribution through functionality offered by the Service.

b. You agree not to alter or modify any part of the Service.

c. You agree not to access the Site Content through any technology or means other than the pages of the Service itself or other explicitly authorized means SmileHigh.com may designate.

d. You will not use the Site for commercial purposes.

e. In your use of the Service, you will comply with all applicable laws.

f. You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with these Terms of Use, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, (3) any activity in which you engage on or through SmileHigh.com, and (4) any commercial use of the Services.

5. SmileHigh.com Accounts. In order to access some features of the Service, you will have to create a SmileHigh.com account (“Account”). You may never use another’s Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify SmileHigh.com immediately of any breach of security or unauthorized use of your Account. Although SmileHigh.com will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of SmileHigh.com or others due to unauthorized use. In order to protect yourself and other users of the SmileHigh.com Site, the following terms must be followed: (a) You will not create an Account for anyone other than yourself or your business without permission, (b) If we disable your Account, you will not create another one without our permission, (c) You will keep your contact information accurate and up-to-date, (d) You will not transfer your Account to anyone without first getting our written permission, and (e) If you select a username for your Account we reserve the right to remove or reclaim it if we believe appropriate (such as when as trademark owner complains about a username that does not closely relate to a user’s actual name).

6. Deceased Account Holders. If you are the relative of an account holder who has passed away, please contact us at info@SmileHigh.com.

Intellectual Property Issues

7. Your Content and Information. While you retain ownership of all the content you post on the Site, by posting content on the Site, you shall be deemed to have granted to SmileHigh.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.  You further agree that any Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant SmileHigh.com all of the license rights granted herein

8. Third-Party Sites. The Site may contain links to other website (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by SmileHigh.com. SmileHigh.com is not responsible for any Third Party Sites accessed through the Site or any content posted by other users of the Site. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that SmileHigh.com’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from this Site.

9. Copyright. All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of SmileHigh.com, its users or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SmileHigh.com’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of Section 10 apply equally to and are for the benefit of SmileHigh.com, its subsidiaries, affiliates, its third party content providers, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

10. User Submissions. You shall not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.

11. Trademarks. Smile High and SmileHigh.com are trademarks of Smile Higher, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Smile Higher, LLC unless such website is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of SmileHigh.com, unless otherwise stated.

12. Copyright, Trademark, and Intellectual Property Complaints. SmileHigh.com respects the intellectual property rights of others. SmileHigh.com prohibits users from uploading, posting, or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When SmileHigh.com receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, SmileHigh.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright. SmileHigh.com may, at its sole discretion, terminate users of the Site who are deemed by SmileHigh.com to be have committed copyright infringement, whether or not there is any repeat infringement.

Site Features

13. Security Features. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

14. Accuracy of Information. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that SmileHigh.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SmileHigh.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SmileHigh.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

15. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”), provided by you to SmileHigh.com, are non-confidential and shall become the sole property of SmileHigh.com. SmileHigh.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By posting communications on or through this Site, you shall be deemed to have granted to SmileHigh.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

16. End User Conduct. You agree and acknowledge that this Site, including all pages contained within, are private property. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use this Site to:  (a) collect email addresses or other contact information of other users from this Site by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; (c) use automated scripts to collect information from or otherwise interact with the Site; (d) upload, post, or otherwise make available any content that SmileHigh.com deems to be harmful, hateful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, or fraudulent; (e) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; (f) upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising or solicitations; (g) upload, post, or otherwise make available content that would constitute, encourage, or provide instructions for the commission of a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (h) upload, post, transmit, share, or otherwise make available any content that advertises any illegal service on the Site; (i) upload, post, transmit, share, or otherwise make available any content that is pornographic or depicts a human being engaged in sexual conduct; (j) use or attempt to use another’s account without authorization from SmileHigh.com or the owner of the account; (k) upload, post, transmit, share, or otherwise make available any content that is false, deceptive, misleading, deceitful, or misinformative; (l) upload, post, or otherwise make available content that, in the sole judgment of SmileHigh.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose SmileHigh.com or its users to any harm or liability of any type; and/or (m) upload, post, or otherwise make available content that, in the sole judgment of SmileHigh.com, either online or offline solicits the users of this Site to become users of other online or offline services that directly or indirectly compete or potentially compete with SmileHigh.com.

17. Monitoring. SmileHigh.com shall have the right to monitor the content of the Site at all times, including viewing of any information in your account on the Site, to determine compliance with these Terms of Use and any operating rules established by SmileHigh.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, SmileHigh.com shall have the right to remove any material that SmileHigh.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Warranties and Representations

18. As-Is. The material on SmileHigh.com is provided “as is”. SmileHigh.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SmileHigh.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any websites linked to this Site.

19. Limited Liability. In no event shall SmileHigh.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on SmileHigh.com’s Site, even if SmileHigh.com or a SmileHigh.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

20. Indemnity. You agree to indemnify and hold SmileHigh.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Miscellaneous

21. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SmileHigh.com or any of SmileHigh.com’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

22. Notices and Amendments to These Terms of Use. We may provide notices to you by posting them on our Site, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent. The Terms of Use in place at the time you confirm a transaction will govern that transaction.

23. Termination. SmileHigh.com may terminate your account, delete your posts, and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 year of age or violate these Terms of Use.

24. Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.