PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
SOCIAL SMOKE reserves the right to modify these Terms of Use at any time. You agree to review the these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.
Copyright
The entire content included in this website, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of SOCIAL SMOKE. The collective
work includes works that are licensed to SOCIAL SMOKE. Copyright 2002, SOCIAL
SMOKE. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the website solely for
your own non-commercial use, or to place an order with SOCIAL SMOKE or to purchase
SOCIAL SMOKE products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this website is strictly
prohibited, unless authorized by SOCIAL SMOKE in writing. You further agree
not to change or delete any proprietary notice from materials downloaded or
printed from the website.
Trademarks / Intellectual Property
All trademarks, service marks and trade names of SOCIAL SMOKE used in the website
(including but not limited to the SOCIAL SMOKE name, the SS Logo are trademarks
or registered trademarks of SOCIAL SMOKE, Inc. They may not be used without
SOCIAL SMOKE's prior written permission. Any other intellectual property in
the website, including but not limited to patents, issued or pending, are the
sole property of SOCIAL SMOKE and/or its licensors.
Product Orders
All orders placed through the website are subject to SOCIAL SMOKE's acceptance,
which is in its sole discretion. Without limitation, this means that SOCIAL
SMOKE may refuse to accept or may cancel any order, whether or not the order
has been confirmed, for any or no reason, in its sole discretion, and without
liability to you or any third party. If your credit card has already been charged
for an order that is subsequently cancelled, SOCIAL SMOKE shall issue a credit
to your credit card account.
Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse
for copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe that your work has been
copied and posted on the Website in a way that constitutes copyright infringement,
please provide our copyright agent with the following information: (1) an electronic
or physical signature of the copyright owner or of the person authorized to
act on behalf of the owner of the copyright interest; (2) a description of the
copyrighted work that you claim has been infringed; (3) a description of where
the material that you claim is infringing is located on the Website; (4) your
address, telephone number, and e-mail address; (5) a written statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and (6) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner's
behalf. Any notification by a copyright owner or a person authorized to act
on its behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon SOCIAL SMOKE
actual knowledge of facts or circumstances from which infringing material or
acts are evident.
We suggest that you consult your legal advisor before filing a notice with SOCIAL
SMOKE's copyright agent. You should note that there can be penalties for false
claims under the DMCA.
SOCIAL SMOKE may, in appropriate circumstances and in its sole discretion, terminate
the accounts of users who may be repeat infringers or otherwise prohibit such
users from accessing the website.
Third-Party Links
In an attempt to provide increased value to our visitors, SOCIAL SMOKE may link
to websites operated by third parties. However, even if the third party is affiliated
with SOCIAL SMOKE, SOCIAL SMOKE has no control over these linked websites, all
of which have separate terms and conditions and privacy and data collection
practices, independent of SOCIAL SMOKE. These linked websites are only for your
convenience and therefore you access them at your own risk. SOCIAL SMOKE seeks
to protect the integrity of the website and the links placed upon it and therefore
requests any feedback about the website and for websites it links to as well.
Please review the privacy policy of any third-party website that you have linked
to from the Website before you use such third-party website.
Indemnification
You agree to indemnify, defend, and hold harmless SOCIAL SMOKE, its officers,
directors, employees, agents, licensors and suppliers from and against all claims,
losses, expenses, damages and costs, including, without limitation, reasonable
attorneys' fees, arising from or relating in any way to your use of this website.
Privacy
SOCIAL SMOKE is committed to safeguarding your privacy. The terms regulating
the handling of personally identifiable information and other information by
you in connection with the website is described in our
Privacy Policy.
Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOCIAL SMOKE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOCIAL SMOKE DOES
NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS
WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. SOCIAL SMOKE DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES
DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
SOCIAL SMOKE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT
OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE
OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE
AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SOCIAL SMOKE FOR DISSATISFACTION
WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
SOCIAL SMOKE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH
THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF SOCIAL SMOKE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, SOCIAL SMOKE
IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS
IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, SOCIAL SMOKE'S
LIABILITY SHALL IN NO EVENT EXCEED US$100.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
Miscellaneous
Your use of this website shall be governed in all respects by the laws of the
state of Texas, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
Except where prohibited, you agree that any and all disputes, claims and legal
proceedings directly or indirectly arising out of or relating to this website
(including but not limited to the purchase of SOCIAL SMOKE products) shall be
resolved individually, without resort to any form of class action, and exclusively
in the state or federal courts located in Tarrant County, Texas. Any cause of
action or claim you may have with respect to the website (including but not
limited to the purchase of SOCIAL SMOKE products) must be commenced within one
(1) year after the claim or cause of action arises. By using the website, you
agree to receive electronic communications from SOCIAL SMOKE. You agree that
any notice, agreement, disclosure or other communication that SOCIAL SMOKE sends
you electronically will satisfy any legal communication requirements, including
that such communications be in writing. SOCIAL SMOKE's failure to insist upon
or enforce strict performance of any provision of these terms and conditions
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any of
these terms and conditions. SOCIAL SMOKE may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing the website.
SOCIAL SMOKE reserves the right in its sole discretion to terminate or restrict
your use of the website, without notice, for any or no reason, and without liability
to you or any third party. In addition, these terms and conditions, or any part
of them, may be terminated by SOCIAL SMOKE without notice at any time, for any
reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any termination.