TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part thereof within these terms and conditions, you must not use this website.
This website is owned by Smoke out of water. Throughout the site, the terms “we”, “us”, and “our” refer to Smoke out of Water.
You must be 19 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 19 years of age in accordance with Ontario law.
License to Use Website:
Unless otherwise stated, Smoke out of Water and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download or caching purposes only, and print pages from the website for you own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including replication on another website);
- sell, rent, or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website (except for content specifically and expressly made available for redistribution)
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You may not use this website to copy, store, host, transmit, send, use, public, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Smoke out of Water’s express written consent.
Smoke out of Water reserves the right to restrict access to certain areas of this website, or indeed this entire website, as Smoke out of Water’s discretion.
If Smoke out of Water provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
We reserve the right to disable your user ID and password without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Smoke out of Water or a third party.
You must not submit any user content to the website that is or has been the subject of any threatened or actual legal proceedings or other similar complaint.
Smoke out of Water reserves to the right to edit or remove any material submitted to this website, or stored on Smoke out of Water’s servers, or hosted to published upon this website.
Notwithstanding Smoke out of Water’s rights under these terms and conditions in relation to user content, Smoke out of Water does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representative or warranties, express or implied. Smoke out of Water makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of foregoing paragraph, Smoke out of Water does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate, or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or medical matter, you should consult an appropriate professional. The information, including products and services, available through this website are not meant to diagnose, cure, or prevent any disease or addiction related to the use of tobacco.
Limitation of Liability:
Smoke out of Water will not be liable (whether under the law of contact, the law or torts or otherwise) in relation to the content of, or use of, or otherwise in connection with, this website:
- for any indirect, special, or consequential loss;
- for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Smoke out of Water has expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Smoke out of Water’s liability in respect of any:
- death or personal injury caused by Smoke out of Water’s negligence;
- fraud or fraudulent misrepresentation on the part of Smoke out of Water; or
- matter which it would be illegal or unlawful for Smoke out of Water to exclude or limit, or attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitation of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a legal partnership entity, Smoke out of Water has an interest in limiting the personal liability of its owners and employees. You agree that you will not bring any claim personally against Smoke out of Water owners and employees in respect of any losses you suffer in connection with this website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect Smoke out of Water owners, employee’s, agent, subsidiaries, successors, assigns, and sub-contractors as well as Smoke out of Water.
If any provisions of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not effect the enforce-ability of the other provisions of this website disclaimer.
You hereby indemnify Smoke out of Water and undertake to Smoke out of Water indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Smoke out of Water to a third party in settlements of a claim or dispute on the advice of Smoke out of Water’s legal advisers) incurred or suffered by Smoke out of Water arising out of any breach by you or any provisions of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions:
Without prejudice to Smoke out of Water other rights under these terms and conditions, if you breach these terms and conditions in any way, Smoke out of Water may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you fro accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Smoke out of Water may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of publication of these revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Last Update: September 1, 2016
Smoke out of Water may transfer, sub-contract or otherwise deal with Smoke out of Water’s rights and/or obligations under these terms and conditions without notifying you or obtaining your content.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other component authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provisions would be lawful or enforceable if part of it were deleted, that part will be deemed to be email:email@example.com , and the rest of the provision will continue in effect.
These terms and conditions (together with any applicable documents) constitute entire agreement between you and Smoke out of Water in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction:
These terms and conditions will be governed by and construed in accordance with Ontario law, and any disputed relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the course of the Province of Ontario and the Government of Canada.
Any questions relating to this agreement should be directed to Smoke out of Water via:
mail: 149 King Street East Bowmanville on, L1C 1N6