1) Eligibility. Use of this Website is limited to individuals over the age of 18.

2) Restrictions. You may submit Material only if:

(i) The Material is not illegal; pornographic, obscene, vulgar or indecent; threatening or harassing; libelous, defamatory, tortuous; or racially, ethnically or otherwise objectionable;

(ii) The Material does not harm anyone's reputation, or invade anyone's privacy;

(iii) The Material does not contain religious or political references;

(iv) The Material does not contain (a) political campaign material, (b) commercial solicitation, or (c) logos, trademarks, copyrights, celebrity images, or other material that belongs to someone else (materials, sculptures, paintings and other works of art or images published in books, magazines, posters, websites, television, movies, or other media are generally protected by copyright law and cannot be uploaded);

(v) The Material does not harm minors or anyone in any way;

(vi) You do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of the Material. You agree that you will not upload, post, e-mail or otherwise transmit Material to us that 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.

3) Ownership of Materials. By submitting Material, you hereby irrevocably grant permission to MountainHigh to use the Material, in whole or in part on its websites and in print and electronic or any other media, and to edit, combine with other material, without notifying you and without obligation to you. You hereby waive any right to inspect or approve the final display or exploitation of the Material now or in the future and to any right to royalties or other compensation arising from or related to use of the Material.

4) Submitted Ideas. All comments, proposals, suggestions, ideas, notes, drawings, concepts, or other information you submit to us through this Website shall be deemed and shall remain our property. You understand and acknowledge that we have internal resources and other external resources that may have developed or may in the future develop ideas identical to or similar to your submission. Your submission will be treated as non-confidential and nonproprietary and we assume no obligation, express or implied for your submission.

5) Representations, Warranties and Indemnities. You represent and warrant to MountainHigh that (a) you are at least the age of majority in the state in which you reside: (b) if any minors appear in the Material, you are the parent or legal guardian of such child(ren) or have the irrevocable permission of the parents or legal guardians of such child(ren) to grant the rights set forth herein on behalf of such minors; (c) you will comply fully with this Agreement; (d) the Material you submitted to MountainHighYoghurt.com, and MountainHigh's exercise of its rights hereunder, does not and will not violate, misappropriate or infringe any intellectual property right of any third party, including but not limited to trademark rights, copyrights, moral rights and privacy or publicity rights of any third party; (e) you are the sole owner of the intellectual property rights in the Material, or have the lawful right to submit, display, upload and post the Material; and (f) all factual statements submitted by you are accurate and not misleading. You agree to indemnify, defend, and hold MountainHigh, its parent and affiliated companies harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph.

6) No Obligation. Although we have the right to include the Material in the Website or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Material or temporarily or permanently remove the Material from our Website at any time.

7) Changes to Agreement. We reserve the right to change these terms and conditions or the Website at any time in our sole discretion. All changes will be effective upon posting to the Website.

8) DISCLAIMER. MountainHighYoghurt.com (INCLUDING ITS PARENT AND AFFILIATED COMPANIES) WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR USE OF THE WEBSITE, WHETHER IN CONTRACT OR IN TORT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD HAVE KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES.

9) Miscellaneous. This Agreement will be governed by the laws of the United States of America and the State of Colorado, without regard to the conflict of laws provisions. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

BY CLICKING THE ACCEPT BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OTHER TERMS AND CONDITIONS OF THIS WEBSITE.