Smokin’Notes
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The materials on this website (the "Site") are provided by Smokin'Notes, Inc., and its affiliates ("SN") as a service for its customers and may be used for personal and/or informational purposes only. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any sub-site. IF YOU DO NOT AGREE TO THEM, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM IT. Please note that when you enter any sub-site accessible through this homepage or any other page, such sub-site may have its own terms and conditions of use, which is specific to such sub-site. SN reserves the right to restrict, and/or ban, anyone that violates, or actively encourages other to violate these terms.
Terms for Use of this Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit any materials you copy from this Site, including but not limited to any software, text, images, audio, and video ("Materials"), for any business, commercial, or public purpose. All Materials on this Site are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Administering a GroupMe page (and/or any media hosting site) that facilitates the violation of our copyright is a violation of the terms of service and could result in your account being suspended or permanently locked. Requesting or encouraging others to violate these terms is also grounds for having your account disabled and/or terminated.
YOU MAY NOT REQUEST OR TRANSFER PASSWORDS OR ACCESS INFORMATION TO ANOTHER INDIVIDUAL EVER. Violating these terms will constitute an immediate (and potentially permanent) disabling of your account license. Giving false or incomplete profile registration information (such as name, contact information, graduation date, etc.) is also grounds for termination of this account license.
As long as you comply with the terms of these Terms and Conditions of Use, SN grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; and (e) interrupt or attempt to interrupt the operation of this Site in any way. The Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without SN's prior written permission. SN may terminate this license at any time if you are in breach of the terms of these Terms and Conditions of Use. Upon termination, you will immediately destroy the Materials.
There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, SN is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Except as expressly provided herein, SN and its affiliates do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by SN in writing or incorporated elsewhere in the Materials.
Materials and Communications sent to SN
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way SN uses such material. SN will have no obligations with respect to the Communications. SN and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by SN anywhere in the world, in any medium, forever. Furthermore, SN is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that SN is not obligated to use any such ideas or materials and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to SN does not cause SN to have any special responsibility to you.
Links
This Site may contain links to other Internet sites on the World Wide Web. SN provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that SN approves of, endorses or recommends that site. SN reserves the right to terminate any link or linking program at any time. SN disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SN OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF SN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SN and its affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. SN may make changes to these materials, or to the products described therein, at any time without notice. SN makes no commitment to update the Materials.
Indemnification
You agree to indemnify, defend and hold SN and all of its agents, directors, officers, employees, information providers, licensors and licensees, affiliates and subsidiaries, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will cooperate as fully as reasonably required in SN's defense of any claim. SN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SN.
Use of Personally Identifiable Information
Information submitted to SN through forms on the website is subject to SN's Internet Privacy Policy.
SN's Right to Change These Terms and Conditions of Use or Content on the Site
SN may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. SN may add, change, discontinue, remove or suspend any other Materials posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
General Terms
This site is controlled by SN from its offices in The United States of America. SN makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of Florida, United States of America. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.