Terms and Services Agreement
Last updated 7/10/2020
The website located at www.highdie.com (the “Site”, “Game”, and “High Die”) is a copyright work belonging to Ganja
Games LLC (“Us”, “Our”, “We”, “Toker Toby”, and “Ganja Games”). High Die is an interactive smoking game including
graphics, code, sounds, and all items located at the Site (“Content” and“Services”). Certain features of the Site or
Services may be subject to additional guidelines, terms, or rules, with such features enumerated under the Site
provision. References to “User”, “You”, and “Your” refer to you, the user of Our Site.
These terms of use (“Agreement”) are legally binding terms for Your use of the Site and Services. By accessing or
using the Site or Services, You are accepting this Agreement and you represent and certify that you have the right,
authority, and capacity to enter into this Agreement.
Right: assure that You are in compliance with all applicable laws governing access to the Site.
Authority: assure that in accessing the Site, You do not in any way fail to meet the eligibility standards set forth
by the Site’s Terms and Services Agreement.
Capacity: assure that any consent and/or acceptance to these Terms and Services Agreement is done so without
coercion, undue influence, or any condition which would preclude the User’s capacity for informed consent.
If You do not agree with all of the provisions of this Agreement, do not access and/or use the Site or Services. If
You are using the Site or Services on behalf of a company, entity, or organization, you represent and certify that
you are an authorized representative of such company, entity, or organization with the authority to bind it to this
Agreement.
PLEASE READ THESE TERMS CAREFULLY
DISCLAIMERS
1.1 All content on the Site is for ENTERTAINMENT purposes only. Content posted by Ganja Games or Toker Toby are for
ENTERTAINMENT purpose only. Ganja Games does not endorse and is not responsible for the reliability and/or accuracy
of any content, information, or statement made on the Site or Services from any Third-party or any User.
1.2 Ganja Games and High Die does not offer medical advice. Any information accessed through the Site and Services,
or within any of Ganja Games’ social media pages and channels if for ENTERTAINMENT purposes only. It is not intended
to be a substitute for medical advice, diagnosis, or treatment, and is not intended to cover all possible uses,
directions, precautions, or adverse effects. Without limitation, such information includes Third-party content, user
content, and Ganja Games’ content. Always consult a qualified health care provider if you have any health or medical
questions. Never disregard or delay seeking professional medical advice because of something on the Site, Services,
or on Ganja Games’ social media pages and channels.
1.3 Ganja Games and High Die are not a portal for the sale, and are not involved in any production, transportation,
or handling of any marijuana products. Services and Content provided by High Die are intended to be accessed in
coincidence with User’s/Users’ consumption of marijuana products, without requiring, requesting, or in any way
directing Users of the Site to consume marijuana products.
YOU AGREE THAT GANJA GAMES IS NOT RESPONSIBLE NOR LIABLE FOR ANY HARM, INJURIES, OR DAMAGES, TO PROPERTY OR TO
USER’S/USERS’ MENTAL OR PHYSICAL STATE, RESULTING FROM MARIJUANA CONSUMPTION. IN ACCEPTING THESE TERMS AND SERVICES
AGREEMENT, USERS ASSUME ALL RISK AND LIABILITY OF USING MARIJUANA PRODUCTS, AND COMPLY WITH ANY AND ALL FEDERAL,
STATE OR REGIONAL LAWS WHICH APPLY TO MARIJUANA AND ITS CONSUMPTION.
1.4 Acknowledgement of Federal Law:
Users expressly acknowledge that High Die is for residents of states and localities with laws regulating medical or
recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to
their respective laws. Marijuana is a Schedule 1 drug under the United States Controlled Substance Act. Under the
federal laws of the United States of America, manufacturing, distributing, dispensing, or possession of marijuana is
illegal, and individuals are subject to arrest and/or prosecution for doing so. User further acknowledges that
medical use is not recognized as a valid legal defense under federal laws regarding marijuana. User also
acknowledges that the interstate transport of marijuana is a federal offense.
The foregoing disclaimers and limitations of liability do not limit other disclaimers and limitations of liability
elsewhere in this Agreement.
ELIBILITY AND ACCOUNTS
2.1 You must be at least 21 years of age or a qualified medical marijuana patient to use the Site and/or Services
within the United States.
SITE
3.1 User have non-transferable, non-exclusive use of Site for personal non-commercial use.
3.2 The rights granted to You in this Agreement are subject to the following restrictions:
You shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Site
or Services.
You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the
Site or Service.
No part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, in any form or by
any means.
3.3 Any future release, update, or other addition to functionality of the Site or Services shall be subject to the
terms of this Agreement.
3.4 Ganja Games reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part
thereof with or without notice. You agree that Ganja Games will not be liable to You or to any Third-party for any
modification, suspension, or discontinuation of the Site or Services or any part thereof.
3.5 Excluding User content, You acknowledge that all the intellectual property rights in the Site and Services are
owned by Ganja Games [or Ganja Games’ Licensors]. Accessing or using the Site and Services does not transfer to You
or any Third-party any rights, title, or interest in or to such intellectual property rights. Ganja Games reserves
all rights not granted in this Agreement.
COMMUNICATIONS
4.1 You agree that we may send you emails concerning our products and services, as well as those of Third-parties.
You may opt-out of promotional emails by following the unsubscribe instructions in promotional emails.
USER CONTENT
5.1 User Content means any and all information and content that a User submits to, or uses with, the Site or
Services, including without limitation, content in the User’s profile User reviews and/or postings. You acknowledge
and agree that Ganja Games is not responsible for any User Content, including its accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Ganja Games
does not assume and will not have any liability or responsibility to You or any other person or User for Your use or
misuse of any User Content.
5.2 You agree not to use the Site, Services, or any of Ganja Games social media pages or channels to collect,
upload, transmit, or distribute any User Content that:
violates any Third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary right;
is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory,
false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that
promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual);
in violation of any law, regulation, or obligations or restrictions imposed by any third-party
5.3 You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content,
including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content
that makes You or any Third-party personally identifiable. You hereby represent and certify that Your User Content
does not violate the Acceptable Use Policy. You may not state or imply that Your User Content is in any way
provided, sponsored, or endorsed by Ganja Games. You acknowledge and agree that Ganja Games is not responsible for
any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality,
decency, quality, or any other aspect thereof. Ganja Games does not assume and will not have any liability or
responsibility to You or any other person or User for Your use or misuse of any User Content. You alone are
responsible for Your User Content (not Ganja Games), You may expose Yourself to liability if, for example, Your User
Content violates the Acceptable Use Policy or other applicable laws. Ganja Games is not obligated to backup any User
Content, and User Content may be deleted at any time. You are solely responsible for creating backup copies of Your
User Content, if You desire.
5.5 If You provide Ganja Games any feedback or suggestions regarding the Site or Services (“Feedback”), You hereby
assign to Ganja Games all rights in the Feedback and agree that Ganja Games shall have the right to use such
Feedback and related information in any manner it deems appropriate. Ganja Games will treat any Feedback You provide
to Ganja Games as non-confidential and non-proprietary. You agree that You will not submit to Ganja Games any
information or ideas that You consider to be confidential or proprietary.
ACCEPTABLE USE POLICY
6.1 You agree not to use the Site or Services to:
upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer
system or data;
send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without
their consent;
interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or
violate the regulations, policies or procedures of such networks;
attempt to or impersonate another User or Ganja Games or gain unauthorized access to the Site or Services, other
computer systems or networks connected to or used together with the Site or Services, through password mining or
other means;
harass or interfere with another User’s use and enjoyment of the Site or Services;
introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts,
generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services
6.2 We reserve the right, without obligation, to review any User Content – including any image files or reviews,
investigate, and/or take appropriate action against You in Our sole discretion, including removing or modifying Your
User Content, terminating Your Ganja Games Account in accordance with Our Eligibility and Account Policy, and/or
reporting You to law enforcement authorities if We at Our sole discretion suspect that You have violated the
Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for Us or any other
person.
INDEMNITY
7.1 You agree to indemnify and hold Ganja Games (and its officers, employees, agent, and volunteers) harmless from
any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or
expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any
Third-party due to or arising out of:
Your use or misuse of the Site or Services;
Your User Content;
Your violation of this Agreement;
Your violation of applicable laws or regulations.
7.2 Ganja Games reserves the right, at Your expense, to assume the exclusive defense and control of any matter for
which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to
settle any matter without the prior written consent of Ganja Games. Ganja Games will use reasonable efforts to
notify You of any such claim, action or proceeding upon becoming aware of it.
THIRD-PARTY INTERACTIONS
8.1 The Site or Services might display, include, or make available Third-party content – including data,
information, articles applications or other products, services and/or materials, or contain links to Third-party
websites, services, and advertisements for Third-parties such as deals, including pricing, product names, and
product descriptions (collectively, “Third-Party Materials”). You acknowledge and agree that Ganja Games is not
responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect thereof. Ganja Games does not assume and will not have
any liability or responsibility to You or any other person or User for any Third-Party Materials. When You link to a
Third-Party Material, the applicable Third Party’s terms and policies apply, including the Third-party’s privacy and
data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding
with any transaction in connection with such Third-Party Material.
THIRD-PARTY MATERIALS AND LINKS THERETO ARE PROVIDED SOLELY AS A CONVIENCE TO YOU. YOU ACCESS AND USE THEM ENTIRELY
AT YOUR OWN RISK
8.2 During use of the Site or Service, You may enter into correspondence with, purchase goods and/or services from,
or participate in promotions of Third-party service providers, advertisers, or sponsors showing their goods and/or
services through the Service. In particular, Ganja Games is not a party to any transaction that You may enter into
with a Third-party. Any such activity, and any terms, conditions, warranties, or representations associated with
such activity, is solely between You and the applicable Third-party.
GNAJA GAMES ASSUMES NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY CORRESPONDENCE, PURCHASE, TRANSACTION, OR
PROMOTION BETWEEN YOU AND ANY SUCH THIRD-PARTY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE
PRECAUTIONS IN ALL ACTIONS AND INTERACTION WITH ANY THIRD-PARTY YOU INTERACT WITH THROUGH THE SERVICE
8.3 The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples,
and other offers (collectively, “Deals”). Deals constitute “Third-Party Materials” under this Agreement. Ganja Games
displays these Deals on the Site and Services as a form of advertisement for the Third-party partners (the
“Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms,
conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms,
conditions, or restrictions are expressly included on the Site or Services. The Offeror, and not Ganja Games, is
solely responsible for:
redemption of the Deal;
compliance of all aspects of the Deal with applicable law, including without limit: the advertisement, redemption,
and terms, conditions and restrictions related thereto;
all goods and services they provide to You in connection with the Deal;
all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly,
in full or in part, whether related to the use or redemption of a Deal or not
8.4 Each User of the Site or Services is solely responsible for any and all of their User Content and Third-Party
Materials. Because Ganja Games do not control User Content and/or Third-Party Materials, You acknowledge and agree
that We are not responsible for any User Content and/or Third-Party Materials, We make no guarantees regarding the
accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and We assume no
responsibility for any User Content and/or Third-Party Materials. Your interactions with other Site or Service Users
are solely between You and such User. You agree that Ganja Games will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between You and any Site or Service User, We
are under no obligation to become involved.
8.5 IN CONSIDERATION OF YOUR USE OF THE SITE AND SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE GANJA GAMES (AND
OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNEES, AND VOLUNTEERS) FROM, AND HEREBY WAIVE AND RELINQUISH YOUR
RIGHTS WITH RESPECT TO EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTREVERY, DEMAND, RIGHT,
OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE INCLDUING CLAIMS RELATED TO PRIVACY,
RECEIPT OF TEXT MESSAGES, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGES, KNOWN OR UNKNOWN, THAT HAS ARISEN OR
ARISES DIRECTLY OR INDIRECTLY OUT OR, OR RELATED DIRECTED OR INDIRECTLY TO, ANY INTERACTIONS WITH, OR ACT OR
OMISSION OF, OTHER SITE OR SERVICE USERS, THIRD-PARTY INTERACTIONS, OR THIRD-PARTY MATERIALS.
LIMITATIONS OF LIABILITY
9.1 To the maximum extent by law, Ganja Games entities are not liable for any indirect, incidental, special
consequential, or punitive damages, any loss of profits/revenue whether incurred directly/indirectly or any loss of
data, usage, goodwill or other intangible losses resulting from:
Your access/use or inability to access/use the Services;
Any conduct or content of any Third-party on the Services, including without limitations, any defamatory, offensive,
or illegal conduct from Users or Third-parties;
Any content obtained from the Services;
Any unauthorized access, use or alteration of Your transmission or content.
9.2 The limitations of liability apply to all claims of liability whether warranty, contracts, statute, individual,
the moment You consent to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so
the above limitation or exclusion may not apply to You and You may also have other legal rights that vary from
jurisdiction to jurisdiction.
GENERAL
10.1 This Agreement will remain in full force and effect while You use the Site or Services. Ganja Games may:
suspend Your rights to use the Site and/or Services (including your Ganja Games Account);
terminate this Agreement, at any time for any reason at Our sole discretion, including for any use of the Site or
Services in violation of this Agreement.
Ganja Games will not have any liability whatsoever to You for any termination of this Agreement, including for
termination of Your Ganja Games Account or deletion/use of Your User Content. Even after this Agreement is
terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.5, 4-10
10.2 THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GANJA GAMES MAKES NO WARRANTY THAT THE SITE OR SERVICES:
WILL MEET YOUR REQUIREMENTS;
WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
10.4 Ganja Games may amend these Terms at any time in Our sole discretion. If We do so, We will post the modified
Terms on the Service. The modifications will be effective immediately. You agree to review these Terms periodically
so that You are aware of any modifications. Continued use of our Site or Services following notice of such changes
shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such
changes.
10.5 Copyright ©2020, Ganja Games LLC. All rights reserved. Ganja Games®; Toker Toby®; the Ganja Games logo; all
graphics included in the Site and Services, code included in the Site and Services, “Toke a chance” and all related
phrases and slogans (collectively, “Marks”) are copyrighted works [belonging to] Ganja Games LLC. The word
“including” means “including without limitation”. You acknowledge and agree that You are not permitted to use Ganja
Games’ Marks or any Third-party marks displayed on Our Site without prior written consent from, respectively, Ganja
Games LLC, or the owners of such Third-party Marks.
10.6 This Agreement constitutes the entire agreement between You and Ganja Games regarding the use of the Site and
Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision, nor shall any single or partial exercise by Ganja Games of any right or power hereunder
preclude further exercise of that or any other right hereunder. If any provision of this Agreement, for any reason,
is held to be invalid or unenforceable, the other provisions of this Agreement will be unaffected, and the invalid
or unenforceable provision will be modified so that it is valid and enforceable to the maximum extent permitted by
law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture
relationship between You and Ganja Games. This Agreement, and Your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by You, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be
binding upon assignees.
10.7 Ganja Games LLC
Info@ganjagames@gmail.com
@toker toby