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Before continuing on, you must agree to the Terms of Service below.
I agree
SMOKINMEN.COM TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
SMOKINMEN.COM provides its service to you,
subject to the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. In addition, when using
particular SMOKINMEN.COM services, you and SMOKINMEN.COM shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time to
time.
2. DESCRIPTION OF SERVICE
You are responsible for obtaining
access to the Service and that access may involve third party fees (such as
Internet Service Provider or Airtime Charge). In addition, you must
provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of
Service, you agree to provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form.
4. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will receive a password and
account designation upon successful verification that your account with
SMOKINMEN.COM is in good standing. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify SMOKINMEN.COM of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit form your account at
the end of each session. SMOKINMEN.COM cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section.
5. MEMBER CONDUCT
You agree to abide by SMOKINMEN.COM Policies.
You understand that all information,
data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such content originated.
This means that you and not SMOKINMEN.COM are entirely responsible for all Content that
you upload, post, email, transmit, or otherwise make available via the service.
SMOKINMEN.COM does not control the content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to content that is
offensive, indecent, or objectionable. Under no circumstances will SMOKINMEN.COM
be liable in any way for any content, including, but not limited to, for any
errors or omissions in any content, or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
| a. |
upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity, including, but not limited to, a SMOKINMEN.COM
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| d. |
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service; |
| e. |
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); |
| f. |
upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; |
| g. |
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose; |
| h. |
upload, post, email, transmit or otherwise make available any material
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; |
| i. |
disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges; |
| j. |
interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service; |
| k. |
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law; |
| l. |
"stalk" or otherwise harass another; or |
| m. |
collect or store personal data about other users. |
You acknowledge that SMOKINMEN.COM does not pre-screen Content, but that SMOKINMEN.COM and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, SMOKINMEN.COM and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by SMOKINMEN.COM or submitted to SMOKINMEN.COM.
You acknowledge and agree that SMOKINMEN.COM may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of SMOKINMEN.COM, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
6. INDEMNITY
You agree to indemnify and hold
SMOKINMEN.COM, and its subsidairies, affiliates, offices, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of Content you
submit, post, transmit, or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SMOKINMEN.COM may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on SMOKINMEN.COM's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that SMOKINMEN.COM has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that SMOKINMEN.COM reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that SMOKINMEN.COM
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
8. TERMINATION
You agree that SMOKINMEN.COM, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if SMOKINMEN.COM believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. SMOKINMEN.COM may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that SMOKINMEN.COM may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that SMOKINMEN.COM shall
not be liable to you or any third-party for any termination of your access to
the Service.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMOKINMEN.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| b. |
SMOKINMEN.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM SMOKINMEN.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS. |
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10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMOKINMEN.COM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF SMOKINMEN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
I agree
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