ISMOKEWEED.COM TERMS OF USE

By accessing or using the ismokeweed.com website (the “Site”) or any applications made available by the Site (together, the “Service”), however accessed or used, including but not limited to your submission of any photos and personal information (collectively, the “Submission”), you agree, without limitation or qualification, to be bound by these terms of use (“Terms of Use”). The service is owned or controlled by VICE MEDIA LLC (“VICE”). These terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use any portion of the Site and/or the Service.

AUTHORIZED USE OF SITE

The Service is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Service requires the prior written consent of VICE.

UNAUTHORIZED USE OF SITE

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Site and/or Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site, Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Service within another website or application. You may not resell use of, or access to, the Service to any third party without our prior written consent.

BASIC TERMS

Certain pages within the Service may allow you to post text comments, photos, videos or other content (each, a “Submission” and collectively, “Submissions”. You may only access and/or use the Service and post Submissions if you comply with the following terms:

You must be at least eighteen (18) years old to use the Service and submit a Submission.
Your Submission(s) may not contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive.
You represent that all information you provide or provided to VICE upon submission and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy
You will not defame, disparage, stalk, harass, abuse, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service or with your Submission(s).
You may not use the Service or your Submission for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Submission(s), including but not limited to controlled substance regulations and copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service or within your Submission(s).
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or VICE.
You must not access VICE’s private API by means other than those permitted by VICE.
You must not create accounts with the Service or create a Submission(s) through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Violation of these Terms of Use may, in VICE’s sole discretion, result in termination of your account. You understand and agree that VICE cannot and will not be responsible for your Submission(s) and/or the Content posted on the Service and that you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for VICE, we can stop provided all or part of the Service to you.

GENERAL TERMS:

VICE reserves the right to modify or terminate the Service or your access to the Service for any reason, or remove you Submission(s) without notice, at any time, and without liability to you. If VICE terminates your access to the Service, your Submission(s) may persist and appear within the Service or across other social media platforms (e.g., if you shared your Submission(s) on other social media platforms).
Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease
VICE reserves the right, in its sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless VICE makes a change for legal or administrative reasons, VICE will provide reasonable advance notice before the Updated Terms become effective. You agree that VICE may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as VICE may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
VICE reserves the right to refuse access to the Service or reject Submissions at any time.
VICE may, but has no obligation to, remove, edit, block, and/or monitor Content and/or Submissions that VICE determines in its sole discretion violates these Terms of Use.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that VICE is not responsible or liable for the conduct of any user.
VICE prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with VICE’s express consent).

RIGHTS

VICE does not claim ownership of any Content or Submission(s) that you post on or through the Service. You do, however, grant to VICE a non-exclusive, perpetual, fully paid and royalty-free, transferable, sublicensable, worldwide license to use the Content and/or the Submission that you post on or through the Service, in any medium, subject to the Service's Privacy Policy. VICE owns all right, title, and interest in any compilation, collective work, or other derivative work created by VICE using or incorporating Submissions posted to the Service.
You represent and warrant that:
1. You own the Content within the Submission(s) posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
2. The posting and use of your Content and/or the Submission(s) on or through the Service does not violate, misappropriate or infringe on any of the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
3. If the Content or Submission depicts any person other than yourself, you have permission from that person and such person is not a minor. You may be required to provide proof of such permission to VICE.
4. You agree to pay for all royalties, fees and any other monies owed by reason of Content/Submission(s) you post on or through the Service; and
5. You have the legal right and capacity to enter into these Term of Use in your jurisdiction.
The Service contains content owned or licensed by VICE (“VICE Content”). VICE content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and VICE, VICE owns and retains all rights in the VICE Content and the Service. Some materials on the Service belong to third parties who have authorized VICE to display the materials. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the VICE Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the VICE Content. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by VICE.
The VICE and VICELAND name and logo are trademarks of VICE, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VICE. In addition, all page headers, custom graphics, button icons and scripts are services marks, trademarks and/or trade dress of VICE, and may not be copied, imitate or used, in whole or in part, without prior written permission from VICE.
VICE reserve the right to remove any Content/Submission from the Service for any reason, without prior notice.
You acknowledge that the Internet may be subject to breaches of security and that the submission of Content/Submissions or other information may not be secure.
You agree that VICE is not responsible for, and does not endorse, Content/Submissions posted within the Service. VICE does not have any obligation to prescreen, monitor, edit or remove any Content/Submissions. You are solely responsible for anything you may post on the Service and the consequences of posting anything on the Service. If your Content/Submission(s) violates these Terms of Use, you may bear legal responsibility for that Content/Submission(s).
As between you and VICE, any Content/Submission(s) will be non-confidential and non-proprietary and VICE will not be liable for any use or disclosure of Content/Submission(s). You acknowledge and agree that your relationship with VICE is not a confidential, fiduciary or other type of special relationship, and that your decision to submit any Content/Submission(s) does not place VICE in a position that is any different from your position held by members of the general public, including with regard to your Content/Submission(s). None of your Content/Submission(s) will be subject to any obligation of confidence on the part of VICE, and VICE will not be liable for any use or disclosure of any Content/Submission(s) you provide.

ACTIVITIES PROHIBITED BY THE SERVICE

VICE expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service or while using the Service. VICE reserves the right to investigate and take appropriate legal action against anyone who, in VICE’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Submissions and/or Content that:

is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
violates any party's right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
contains “masked” profanity (i.e., F*@&#);
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

VICE is under no obligation to screen or monitor Submissions and/or Content, but may review Submissions and/or Content from time to time at its sole discretion. VICE will make all determinations as to what Submissions and/or Content are appropriate in its sole discretion. VICE may edit or remove any Submissions and/or Content at any time without notice.

NO IDEAS ACCEPTED

VICE does not accept any unsolicited ideas from outside VICE including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. VICE may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site and/or the Service, you understand and acknowledge that such idea is not submitted in confidence and VICE assumes no obligation, expressed or implied, by considering it. You further understand that VICE shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to VICE. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant VICE an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

LINKS

This Site and the Service may contain links to other websites or applications not maintained by VICE. Other websites or apps may also reference or link to our Site and/or the Service. We encourage you to be aware when you leave our Site and/or the Service and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING, WITHOUT LIMITATION, VICE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VICE NOR ITS PARENT COMPANY, AFFILIATES, OR SUBSIDIARIES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "VICE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE VICE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VICE OR VIA THE SERVICE. IN ADDITION, THE VICE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE VICE PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE USER CONTENT OR ANY OTHER THIRD PARTY CONTENT SUBMITTED TO OR THROUGH THE SERVICE. THE VICE PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE VICE PARTIES BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE SERVICE, ANY CONTENT SUBMITTED THROUGH THE SERVICE OR TRANSMITTED TO OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG OTHER USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

THE VICE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE VICE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE VICE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE VICE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE VICE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT/SUBMISSION(S).

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE VICE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE VICE CONTENT; (C) USER CONTENT/SUBMISSION(S); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE VICE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VICE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE VICE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE VICE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VICE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE VICE PARTIES , AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE VICE PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

VICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE SERVICE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU. EACH CLAIM SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing the Service.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at VICE's request), indemnify and hold the VICE Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content/Submission(s) or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by VICE in the defense of any claim. VICE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of VICE.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

Submissions and Content may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Jon Lutzky
General Counsel
jon.lutzky@vice.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

INTERNATIONAL ACCESS

Our Site is provided from the United States of America. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

DISPUTES /GOVERNING LAW

The laws of the State of New York shall govern these Terms of Use. YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF USE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK, NEW YORK.

FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS OF USE AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS OF USE, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK, NEW YORK.

ENTIRE AGREEMENT

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and VICE and governs your use of the Service, superseding any prior agreements between you and VICE. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of VICE. Any purported assignment or delegation by you without the appropriate prior written consent of VICE will be null and void. VICE may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

QUESTIONS

Should you have any questions regarding these Terms and Conditions you may contact us at info@viceland.com

These Terms and Conditions are effective and were last updated on September 7, 2016.

ISMOKEWEED.COM PRIVACY POLICY

This Privacy Policy was updated has an effective date of: August 24th, 2016. This Privacy Policy applies to information collected through Vice Media LLC's ("VICE") web sites that post this Privacy Policy including any features, applications, widgets or online services that post a link to this Privacy Policy, whether accessed via computer, mobile device or otherwise (collectively, "Sites"). This Privacy Policy only covers information collected via the Sites and does not cover any information collected at any other web site or offline by VICE (unless specifically stated at the time of collection). This Privacy Policy explains VICE's information collection practices at the Sites, such as the types of information VICE collects regarding visitors to the Sites and how we may use that information. Please review this Privacy Policy carefully. In addition, please review the Terms of Use, which govern your use of the Sites.

OVERVIEW
NOTICE TO CALIFORNIA RESIDENTS
THE INFORMATION THE SITE COLLECTS
HOW WE USE THE INFORMATION WE COLLECT
HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES
THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES
CHANGING YOUR SUBSCRIPTIONS
THIRD PARTY CONTENT, WIDGETS, AND LINKS TO THIRD PARTY SITES
CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES
SECURITY
CHANGES TO THE PRIVACY POLICY

OVERVIEW

THIS OVERVIEW HIGHLIGHTS SOME IMPORTANT INFORMATION REGARDING THIRD PARTY ADVERTISERS AND OUR USE AND SHARING OF YOUR INFORMATION, BUT PLEASE REVIEW OUR FULL PRIVACY POLICY BELOW BEFORE USING OUR SITES.

VICE WORKS WITH NETWORK ADVERTISERS, AD AGENCIES AND OTHER VENDORS TO SERVE ADS ON THIRD PARTY WEB SITES AND ACROSS THE INTERNET. WE ALSO USE ANALYTICS PROVIDERS TO PROVIDE US WITH INFORMATION REGARDING USE OF THE SITES AND THE EFFECTIVENESS OF OUR ADVERTISEMENTS. YOU MAY ALSO SEE THIRD PARTY ADS ON THE SITES AND THOSE ADS MAY BE SERVED BY A THIRD PARTY. THESE OTHER COMPANIES MAY COLLECT CERTAIN INFORMATION ABOUT YOUR VISITS TO THIS OR OTHER WEB SITES IN CONNECTION WITH SERVING ADVERTISEMENTS AND PROVIDING US WITH ANALYTICS INFORMATION. PLEASE REVIEW "THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS, AND SIMILAR THIRD PARTIES" FOR ADDITIONAL INFORMATION.

Some of these companies MAY BE members of the Network Advertising Initiative or the Digital Advertising Alliance Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies.

WITH REGARD TO YOUR PERSONAL INFORMATION, WE PRIMARILY USE YOUR PERSONAL INFORMATION IN CONNECTION WITH YOUR RELATIONSHIP WITH US AND YOUR EXPERIENCE ON THE SITES. CLICK HERE FOR THE FULL DESCRIPTION OF THE INFORMATION WE COLLECT AND HEREFOR A DESCRIPTION OF HOW WE USE COLLECTED INFORMATION. PLEASE REMEMBER THAT IF YOU PARTICIPATE IN COMMUNITY FORUMS AND OTHER SOCIAL NETWORKING FEATURES ON THE SITES, YOUR INFORMATION MAY BE MADE PUBLIC. NOTE THAT WE DO NOT SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES FOR THEIR MARKETING PURPOSES UNLESS YOU CONSENT TO SUCH SHARING, BUT WE DO SHARE WITH THIRD PARTIES UNDER CERTAIN LIMITED CIRCUMSTANCES - CLICK HERE FOR MORE DETAILS REGARDING WHEN WE MAY SHARE INFORMATION WITH THIRD PARTIES.

NOTICE TO CALIFORNIA RESIDENTS

Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties' direct marketing purposes, and the categories of personal information the company shares. Alternatively, the law provides that a company may comply, as VICE does, by disclosing in its privacy policy that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties for those third parties' direct marketing purposes, and information on how to exercise that choice. As stated below in this Privacy Policy, VICE provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you do not choose to opt-out at the time VICE offers that choice, VICE does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address:privacy@vice.com or write to us at the following mailing address: 49 South 2nd Street, Brooklyn, New York 11249, Attn: IT Department. You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Please note that we are only required to respond to one request per customer each year.

For more information about our privacy practices, including when your information may be shared with third parties for purposes other than the direct marketing use by third parties, please review our full privacy policy below.

INFORMATION THE SITES COLLECT

INFORMATION YOU PROVIDE US

The Sites may ask you to provide personally identifiable information, which is information that could be used to identify you as a specific individual, such as your name or e-mail address ("Personal Information") and other information about you, such as demographic information (your gender, ZIP code or similar information) or certain information about your preferences and interests. The Sites may collect Personal Information and other information about you at various places and forms on the Sites, including registration forms, when you submit a question to us, or when you otherwise communicate or interact with us. If we combine demographic or similar information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.

Please note that information submitted to the Sites via a "contact us" or other similar function may not receive a response. We will not use the information provided via these functions to contact you for marketing purposes unrelated to your request unless we disclose otherwise at the time you submit your request.

The Sites are general audience web sites and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from an individual younger than the age of thirteen (13).

INFORMATION YOU CHOOSE TO PUBLICLY DISPLAY THROUGH THE SITES, AND POSTING CONTENT TO THIRD PARTY SITES

You may be able to submit comments, ideas, reviews, suggestions and other content ("User Content") to the Sites and to post your User Content publicly on message boards, chat rooms, and other public areas (collectively, "Community Forums").

Note that anything you post to a Community Forum is public. Information you choose to post or make available in the Community Forums may be viewed, collected and used by others. If you choose to voluntarily disclose User Content, the protections of this Privacy Policy will not cover your disclosure of that information or content. Think carefully before you post and use caution before disclosing any Personal Information.

VICE may publish User Content online or offline in any media or format (currently existing or later developed). Subject to applicable law, we may also publish your name, voice, likeness and other Personal Information with your User Content, and VICE may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit, please review our Terms of Use.

Also, if you choose to "like" content on one of the Sites, to tweet from the Sites or to otherwise post information from or via the Sites to a third party web site, feature or application, that information may be public and the third party may have access to information about you and your use of our Sites

INFORMATION YOU PROVIDE ABOUT A THIRD PARTY

If you send someone else a communication from the Sites, such as sending a video to a friend, the information you provide (names, e-mail addresses, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person.

INFORMATION WE COLLECT AUTOMATICALLY AS YOU ACCESS AND USE THE SITES

We, as well as any third-party advertisers, service providers and content providers, may use a variety of technologies that automatically or passively collect certain Site usage information whenever you visit or interact with us or our content found elsewhere on the internet (" Usage Information"). Usage Information may include browser type, operating system, all of the areas within our Sites that you visit, including content that you browse, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Sites and our services. In addition, we automatically collect your IP address or other unique identifier ("Device Identifier") for the particular device you use to access the Sites. A Device Identifier is a number that is automatically assigned to your computer, mobile phone, or other device used to access the Sites and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access our Sites. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.

The methods that may be used to collect Usage Information include the following:

COOKIES

A cookie is a data file placed on a device when it is used to visit one of our Sites or otherwise access our online content. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages.

A Flash cookie is a data file placed on a device via the Adobe Flash plugin that may be built-in to or downloaded by you to your device. Flash cookies may be used for various purposes, including, without limitation, enabling a Flash feature and remembering your preferences. For more information about Flash and the privacy choices Adobe offers, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html If you choose to disable cookies or to adjust your Flash privacy settings on your device, some features of the Sites may not function properly.

WEB BEACONS

Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in the Sites' web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails sent were actually opened or to count how many forwarded links were actually viewed.

EMBEDDED SCRIPTS

An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.

In addition, we may use a variety of other technologies on the Sites that collect information for security and fraud detection purposes.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Please note that your browser setting may allow you to automatically transmit a "Do Not Track" signal to websites and online services that you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, VICE does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

INFORMATION THIRD PARTIES PROVIDE ABOUT YOU AND SOCIAL MEDIA INTERACTIONS

We may receive information about you from third parties. For example, if you are on another web site and you agree to receive information from a Site or VICE, that web site will forward your contact and other information to us so that we may contact you as requested. You may also choose to participate in a third party application or feature on our Sites (such as posting to your page on a third party service or otherwise linking the Sites with another web site or interactive service) or on a third party web site or service (such as one of our Facebook applications or a similar application or feature on a third party web site or service) through which you post content or allow us to collect (or the third party to share) information about you, including Personal Information. The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web site and service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third party web site or service give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections" web page, profile page, or similar page on a social networking or other third party web site, application or interactive service.

We also may verify or supplement the information we collect with outside records from third parties in order to provide you with information, services or goods you have requested, to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those other sources with information we collect through the Sites. In those cases, we will apply this Privacy Policy to the combined information.

HOW WE USE THE INFORMATION WE COLLECT

VICE may use your information, including your Personal Information: (1) to allow you to participate in features we offer; (2) to provide related customer service, including, without limitation, to respond to your questions, complaints or comments; (3) to provide you with information or services that you have requested or agreed to receive (either by opting in or choosing not to opt-out); (4) to process your registration with the Sites, including verifying that your e-mail address is active and valid; (5) to improve the Sites or our services; (6) to tailor content we display to you and offers we may present to you, both on the Sites and elsewhere online; (7) to contact you with regard to your use of the Sites and, in our discretion, changes to the Sites' policies; (8) for internal business purposes; and (9) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.

HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES

VICE, Vice Television Networks, LLC, and A&E Television Networks, LLC may share non-personally identifiable information, such as aggregated user statistics and Usage Information, with third parties and some third parties, including third party advertisers, content providers and analytics providers, may themselves collect such information when you visit the Sites. We do not share your Personal Information with third parties for those third parties' marketing purposes unless you first agree to such sharing (either by opting in or choosing not to opt-out at the time we provide the choice). We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information or otherwise with your consent, and as described below or otherwise in this Privacy Policy.

When You Agree To Receive Information From Third Parties Or Otherwise Request That We Share Your Information. You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

You also may request, sometimes through your use of an interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances. For example, if you "like" content on our Sites, information about you may transfer to the third party offering that application on our Sites and to the third party web site to which you are posting.

Third Parties Providing Services on our Behalf. VICE, Vice Television Networks, LLC, and A&E Television Networks, LLC may use third party service providers to perform certain services on behalf of the Sites, such as hosting the Sites, designing and/or operating the Sites' features, analyzing users' interactions with the Sites, sending communications, or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for the Sites.

Sweepstakes, Contests and Promotions. VICE, Vice Television Networks, LLC, and A&E Television Networks, LLC may offer sweepstakes, contests, and other promotions (any, a "Promotion") that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

Administrative and Legal Reasons. VICE, Vice Television Networks, LLC, and A&E Television Networks, LLC may also transfer and disclose user information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect and/or defend the Sites' Terms of Use or other policies applicable to the Sites or to protect the personal safety, rights, property or security of any individual. We may also use Device Identifiers (e.g., IP addresses) to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. These disclosures may be carried out without notice to you.

Business Transfers. VICE, Vice Television Networks, LLC, and A&E Television Networks, LLC may share Personal Information with its subsidiaries and affiliates for internal business reasons. VICE also reserves the right to disclose and transfer all information related to the Sites, including Personal Information: (i) to a subsequent owner, co-owner or operator of the Sites or component of the Sites, such as a database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of certain of VICE's ownership interests, assets, or both, or other corporate change, including, without limitation, during the course of any due diligence process.

THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES

VICE works with network advertisers, ad agencies and other vendors to serve VICE related ads on third party web sites and across the Internet and we use analytics providers to provide us with information regarding the use of the Sites and the effectiveness of the advertisements that we place elsewhere on the Internet, in third party applications or elsewhere. You may also see third party ads on the Sites and those ads may be served by a third party.

These service providers may set and access their own tracking technologies on your computer or mobile device (including cookies and web beacons) and they may otherwise collect or have access to information about your visits to and activity on the Sites, as well as other web sites or online services. Some of these third parties may collect personal information from you over time when you visit the Sites or other websites and services. Cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors with third party advertising companies, analytics providers and other vendors for the same purposes.

While we may use a variety of service providers to perform advertising and analytics services, some of these companies may be members of the Network Advertising Initiative ("NAI") or the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the "opt-out" procedures of NAI members. You may also want to visit http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies in the DAA Self-Regulatory Program. Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.

CHANGING YOUR SUBSCRIPTIONS

You may cancel or modify your subscriptions to e-mails you have elected to receive from the Sites by following the instructions contained within an e-mail you receive from the Sites. Please note that we reserve the right to send you certain communications relating to your account or use of the Sites (for example, administrative and service announcements) and these transactional account messages may be unaffected if you opt-out from marketing communications. If you sign up to receive SMS or MMS messages that may be offered on the Sites, you may unsubscribe from any text messages received by replying "STOP."

THIRD PARTY CONTENT, WIDGETS, AND LINKS TO THIRD PARTY SITES

The Sites may contain content that is hosted and served by third parties, which may include third party widgets (such as those that allow you to share content with third party web sites and online services). The Sites may also contain links to other third party web sites that VICE does not control. In addition, VICE widgets may be included on web pages and web sites that are not associated with us, and over which we have no control. These third parties may collect information about you through the use of their own cookies and web beacons, may independently collect data or solicit Personal Information, and may or may not have their own published privacy policies. VICE is not responsible for the privacy practices employed by any third party.

CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES

The Sites are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Sites or our features or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

SECURITY

VICE takes commercially reasonable steps to help protect and secure Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be completely secure. Please note that we cannot ensure or warrant the security of any information we collect, and that you use our Sites and provide us with your information at your own risk.

CHANGES TO THE PRIVACY POLICY

VICE reserves the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, VICE will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time it was collected.

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Privacy & terms (2016-2017)