TERMS AND CONDITIONS
You must read and agree to these terms and conditions before
you can further access materials at
Please read them carefully.
- This website is owned and operated by: smokinstories.com. The parties to this Agreement are you, a visitor to smokinstories.com ("You"),
and smokinstories.com located at ("Company"). For good and valuable consideration, the sufficiency of which is hereby acknowledged
by You and the Company, and by further accessing or otherwise using services
available at smokinstories.com , You hereby agree to be bound by all the terms
and conditions set forth in this agreement (the "Agreement").
Subject to the terms and conditions set forth in this Agreement, the Company
agrees to provide to You nonexclusive and revocable access to the smokinstories.com
web site. This Agreement is subject to change by Company at any time, and
changes are effective upon notice to You by e-mail, posting at or via hyperlink
to smokinstories.com , or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT
smokinstories.com ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING
ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT smokinstories.com DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY
FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER
COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR
INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF smokinstories.com OR PLACE
ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN smokinstories.com. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE
FROM smokinstories.com INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS
OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SITUATIONS
OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND
THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE
OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
- You acknowledge and agree that all materials contained at smokinstories.comare proprietary and constitute valuable intellectual property. You acknowledge
and agree that as such, You may only access, view, download, receive and
otherwise use the materials available at smokinstories.com only as authorized
by the Company. You agree that You shall at no time access, view, download,
receive or otherwise use, or cause or enable others to access, view, download,
receive or otherwise use materials, directly or indirectly in places which
the Company does not authorize such access, viewing, downloading, receipt
or other use. You hereby acknowledge and agree that no materials from any
parts of smokinstories.com are authorized, and no materials are intended,
by the Company to be accessed, viewed, downloaded or used by, or transmitted,
broadcast or otherwise disseminated to any person or entity located in any
and all areas designated as PROHIBITED AREAS below. You agree that any and
all unauthorized access, viewing, downloading, receipt, duplication or other
use of materials from smokinstories.com , in which You are directly or indirectly
involved, including, but not limited to accessing, viewing, downloading,
receiving or other use of materials in PROHIBITED AREAS in any manner shall
constitute intentional infringement(s) of smokinstories.com 's and potentially
others' intellectual property rights and other rights in such materials
and shall further constitute violations of smokinstories.com 's trademark
and other rights, including, but not limited to, rights of privacy.
All of the following areas constitute PROHIBITED AREAS from which no part
of smokinstories.com may be accessed, viewed, downloaded or otherwise received
at any time:
A. All parts of the United States of America corresponding to the entire
areas corresponding to United States Postal Service zip codes commencing
with any of the following: List Zip Codes
B. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq,
Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi
Arabia, Syria, The United Arab Emirates; and
C. All parts of every other geophysical place corresponding to a political
entity or part thereof in which the access, viewing, downloading or other
use of materials at smokinstories.com would, or could reasonably constitute
a violation of any law, regulation, rule or custom.
- You agree to be personally liable and fully indemnify smokinstories.com for
any and all damages directly, indirectly and/or consequentially resulting
from my attempted or actual unauthorized downloading or other duplication
of materials from smokinstories.com alone, or with or under the authority
of, any other person(s), including, without limitation, any governmental
agency(ies), wherein such damages include, without limitation, all direct
and consequential damages directly or indirectly resulting from unauthorized
downloading of materials from smokinstories.com including, but not limited
to, damages resulting from loss of revenue, loss of property, fines, attorney's
fees and costs, including, without limitation, damages resulting from prosecution
and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
- Some or all of the following fees and charges may be incurred by the Visitor:
a. fees and/or charges for goods and services ordered at, through and/or
from smokinstories.com or its licensees.
- You hereby authorize
smokinstories.com doing business as
to charge your credit card for approved services, access, and/or goods
purchased by you.
- Access to smokinstories.com may be terminated at any time, and without cause
by Company. You agree to be personally liable for all charges incurred by
You during or through the use of smokinstories.com . Your liability for such
charges shall continue after termination of Your aces to smokinstories.comfor any reason.
- Subject to the terms and conditions set forth herein, smokinstories.com hereby
grants You a limited, non-exclusive and non-transferrable license to use
graphic files, audio files, video files, text, hyperlinks, interlinks, search
engines, and other software associated with authorized visitor use of smokinstories.comwhich Company provides ("Materials") during the period in which
Your access to smokinstories.com is authorized by the Company. You may use
the Materials only in accordance with the terms and conditions set forth
herein, only on one computer at a time and, if downloadable copies of the
Materials are made available by smokinstories.com , You may make only a single
copy of such Materials for Your personal use and enjoyment. You may not
remove any propriety notices from Materials at any time. You may make no
use of Materials not expressly authorized herein or by prior express written
authorization from Company. Prohibited uses, include, without limitation:
- permitting other individuals to directly or indirectly use the Materials;
- modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction);
- making copies or creating derivative works based on the Materials except as provided herein;
- renting, leasing, or transferring any rights in the Materials;
- removing any proprietary notices or labels on the Materials; and
- making any other use of the Materials. This license does not grant You any rights to any software enhancements or updates of any kind.
- Except for public domain material or material otherwise licensed to Company
for electronic dissemination, all Materials displayed at or otherwise available
through smokinstories.com are proprietary, and, except for initial downloading,
may not be copied, redistributed, or downloaded, in whole or in part, without
the prior written authorization of Company. All editions of smokinstories.com, and all Materials and other matter used directly or indirectly in, at,
by, through and/or with smokinstories.com are protected by the copyright laws
of the United States, international copyright treaties and other laws and
regulations. All rights are reserved. All intellectual property and other
rights in and to the Materials and other matter at smokinstories.com shall
at all times remain in Company, its parent(s), subsidiary(ies), licensee(s)
and assign(s). All intellectual property and other rights in and to any
intellectual property content accessed through the Materials is the property
of the applicable content owner, which may be the Company, its parent(s),
subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may
be protected by applicable copyright and/or other laws. The limited and
non-exclusive license granted to You herein grants to You no rights to use
such content except as set forth herein. This license will immediately terminate
automatically if You fail to comply with the limitations described herein,
breach any other provision of this Agreement, cease, for any reason, to
be a visitor in good standing, or are notified of its termination by the
Company or its authorized agent(s). You agree that upon such termination,
You will immediately destroy all copies of the Materials in Your possession.
- You agree that Materials and all other services provided to You by Company
are provided on an "AS IS" basis, without warranties of any kind,
including without limitation the warranties of merchantability, fitness
for a particular purpose and non-infringement. The entire risk as to the
quality and performance of the Materials and all services provided by Company
is borne by You. Should the Materials or any other service provided by Company
prove defective and/or cause any damage to Your computer or inconvenience
to You, You, and not Company, assume the entire cost and all damages which
may result from any and all such defects. This disclaimer of warranty constitutes
an essential part of the Agreement. Some states do not allow exclusions
of an implied warranty, so this disclaimer may not apply to You and You
may have other legal rights that vary from state to state or by jurisdiction.
Under no circumstances and under no cause of action or legal theory, shall
Company, its suppliers, licensees, resellers, or other Visitors, or their
suppliers, licensees, resellers or Visitors be liable to You or any other
person for any indirect, special, incidental, or consequential damages of
any character including, without limitation, damages for loss goodwill,
work stoppage, computer failure or malfunction, or any and all other commercial
damages resulting from any use of Materials or other use of smokinstories.com.
- Company does not screen or endorse advertisements or communications submitted
to smokinstories.com by third-party licensees, advertisers, or visitors for
electronic dissemination through smokinstories.com . You are therefore advised
to use your own judgment to evaluate all advertisements and other communications
available at or through the use of smokinstories.com prior to purchasing goods
and/or services described at smokinstories.com or otherwise responding to
any communication at smokinstories.com .
- Any liability of Company, including without limitation any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, alteration of, or use of records, whether for breach of contract, tortious
behavior, negligence, or under any other cause or action, shall be strictly
limited to ten dollars ($10.00). Some states 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.
- Company is not liable for damages resulting from disseminating, failing
to disseminate, or incorrectly or inaccurately disseminating any Materials,
data, advertisement or other communication at or through smokinstories.com.
- No warranty is made by Company regarding any information, services, Materials
or products provided through or in connection with the smokinstories.com ,
and Company hereby expressly disclaims any and all warranties, including
without limitation: 1) any warranties as to the availability, accuracy,
or content of Materials, information, products, or services; 2) any warranties
of merchantability or fitness for a particular purpose. Some states do not
allow the exclusion of implied warranties, so the above exclusion may not
apply to You.
- "smokinstories.com" is a service mark of , . All rights are reserved. Some service mark's of are managed by SIC Corp of New Jersey, USA.
- All materials included at smokinstories.com are for the private use by visitors
only. No other uses are intended by the Company and any other use is strictly
- If the Company should at any time provide any service which enables visitors
to communicate with or otherwise share information with other visitors or
persons providing any kind or service to visitors, You agree not to submit,
publish, display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, or illegal material while connected
to or otherwise directly or indirectly using smokinstories.com or other services
provided to You by Company. Transmission of such material or any material
that violates any federal, state, or local law in the United States or anywhere
else in the world, is strictly prohibited and shall constitute a material
breach of this Agreement entitling Company to immediately terminate all
rights to access to smokinstories.com . You are solely responsible for all
information which You submit, publish, display, disseminate or otherwise
communicate through smokinstories.com even if a claim should arise after termination
of service. If the Company provides any such service described herein, You
agree that all messages and other communications by You shall be deemed
to be readily accessible to all other Visitors who are authorized to access
smokinstories.com and agree that all such messages and other communications
shall not be deemed to be private or secure. Regardless of whether the Company
provides any type of service described herein, You agree that You have hereby
been informed and noticed that any and all messages and other communications
which You submit to Company directly or through smokinstories.com can be read
by the operators and/or other agents of Company, whether or not they are
the intended recipient(s).
- smokinstories.com is not affiliated with any other company. No inference of
association or affiliation with, or endorsement by any company or organization
is intended or should be inferred.
- smokinstories.com agrees to refund the full purchase membership prioce if dissatified with the smokinstories.com. Written notification must be recieved within 7 days before next billing cycle.
- Cancellation Policy - Members that join for free enter into a trial period agreement by which they must cancel before that trial period expires, otherwise membership will begin at the full disclosed monthly fee. Members that join at the full membership rate must cancel within 30 days of the initial join, otherwise membership will continue at the same disclosed monthly fee. To cancel members must go through our Authorized Access Provider or by clicking any support link found on the web site.
- This Agreement contains the entire agreement between You and Company regarding
Your use of smokinstories.com , and all materials directly and indirectly
related thereto. This Agreement supersedes all prior written and oral understandings,
writings, and representations and may only be amended upon notice by Company.
This Agreement shall be governed by and construed under the laws of the
State of New Jersey and the United States as applied to agreements between
New Jersey state residents entered into and to be performed within the State
of New Jersey, except as governed by Federal law. The application of the
United Nations Convention of Contracts for the International Sale of Goods
is expressly excluded. You hereby consent and stipulate to the jurisdiction
of the Courts of the State of New Jersey and the United States District
Court, Central District of New Jersey, Western Division. If any provision
of this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable. Unless
otherwise explicitly stated, the provisions of this Agreement shall survive
- How to Cancel
Members can cancel at any time during the trial period. If you choose to cancel before the trial period expires you will not be rebilled at the monthly rate and your login access will remain valid until the trail period is over.
Members that decided to join on a monthly basis can cancel at any time. If you choose to cancel before the end of the current billing period, you will not be re billed and your login access will remain valid until the month that has been paid for expires.
To cancel online at any time, please click the support link at the bottom of each page. You will be asked to enter your Member ID - this is the user name you selected to access the site when you joined. You will also be asked to enter your email address - enter the email address you used to join the site. If you do not know your Member ID or email address or for some reason cannot cancel online, you may call the customer service number at the bottom of the page or click the Contact link to submit a request (allow 2-3 days for a reply). Customer support is open 24 hours a day, 7 days a week.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO
ALL ITS TERMS AND CONDITIONS BY CLICKING ON THE JOIN BUTTON AND BY
AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES
FOR GOODS AND/OR SERVICES OBTAINED AT OR THROUGH smokinstories.com .
CLICK THE JOIN BUTTON TO INDICATE THAT YOU HAVE READ THE MEMBERSHIP
AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS
AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT
THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS AND UNDERSTAND THAT MATERIALS
PRESENTED AT smokinstories.com INCLUDE NUDITY, VISUAL AND AUDIO PRESENTATIONS
OF SEXUAL SITUATIONS AND ADULT LANGUAGE. IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS
OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, CLICK THE BACK
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