Terms of Service
Disclaimer: HolySmoke.org is a site focused on reviewing and debating. However, we do contain sections on industry news and current events, and other off-topic subject matter (usually with critical reporting). On occasion, HolySmoke.org publishes advertorials, expert reviews and opinions in addition to accurately reported facts. Information on this site may or may not be true and HolySmoke.org makes no warranty as to the validity of any claims.
We are posting this Policy to be a good web citizen. This site operates in good faith, but on an AS-IS, AS-AVAILABLE BASIS. Any warranties of availability, accuracy, quality, title, fitness or merchant ability are disclaimed. We are not liable for direct, indirect, incidental or consequential damages. We are not liable for events beyond our direct control.
Terms of Service
- HolySmoke.org is a private web club and visiting this website or being a member is a privilege, NOT a right.
- HolySmoke.org has full liberty to choose its members. We reserve our rights to accept or reject any member sign-ups, remove or banish any member from the site, grant and revoke any privileges to members within the site without warning, prior notice or giving any reason and in anytime we find appropriate.
- HolySmoke.org can at anytime stop or suspend its services without prior notice, however we will make reasonable attempts to keep our members notified in advanced of such matters.
- The information published in this website may be outdated or wrong in one way or another, so no information should be used without consulting it with a professional.
- All content sent to HolySmoke.org by its members and visitors can be rejected, deleted, modified, edited by site administration.
- Legal rights of the content sent to HolySmoke.org by its members or visitors belongs to Site administration when they are submitted to the site unless it is clearly mentioned otherwise in the submit page. Site visitors/members can not ask the submitted content to be removed or unpublished from the site later.
Limitation of Liability and Disclaimer
Site visitor agrees that the use of HolySmoke.org’s services is entirely at visitor’s own risk. HolySmoke.org’s services are provided on an “as is” basis without warranties of any kind, either expressed or implied, constructive or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. HolySmoke.org makes no guarantee of availability, continuity or quality of its service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of HolySmoke.org’s services. In no event will HolySmoke.org be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use HolySmoke.org’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
Indemnity and Legal Exemption
User agrees to indemnify and hold HolySmoke.org harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of User’s Files, messages or use of any other feature or service on HolySmoke.org
This expressly includes, but is not limited to:
- User’s responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
- Any defamatory or unlawful material contained within User’s messages, private messages, emails, attachments, images and files.
- Content submitted to the site by the user
- Other content in the site
- Communication with site administration
Legal Policy and Notice
Any unoriginal content remains Copyright © of their respective owners. We do not claim Copyright for material not originating from this website.
We do not claim ownership rights over your Content. However, you grant us a perpetual, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the site and services. You assume full responsibility for any Content posted or submitted, and it is agreed that all submitted materials, text, graphics and files remain the sole property of their creator. You grant each user of HolySmoke.org a non-exclusive license to access your Member Content, and to use, reproduce, distribute, display and perform such Member Content under these Terms of Service. Any communication or material submitted by Members will be treated as non-confidential and non-proprietary.
Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Services by Gripeo.com and/or its members, HolySmoke.org is under no obligation to delete or ask or require other HolySmoke.org members to delete that Member Content, and therefore, it may continue to appear and be used through the Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain server copies of Member Content that have appeared to have been removed or deleted.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The content associated with the Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like (“Site Content”) and the trademarks, service marks, trade names and logos contained therein, except all Member Content, are owned by or licensed to HolySmoke.org, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, HolySmoke.org does not grant you any express or implied rights, and all rights in and to the Services and the Site Content are retained by HolySmoke.org. Absolutely NO part of HolySmoke.org may be reproduced or recreated without explicit written permission by site owner of HolySmoke.org and certified with written verification.
We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove user content on HolySmoke.org which we deem to be infringing upon the copyright of others. If you become aware of user content on HolySmoke.org which you believe infringes your copyright rights, you may send us a DMCA request, properly formatted pursuant to 17 U.S.C. § 512.
Misrepresentations of infringement can result in liability for monetary damages, and you may want to consult an attorney. You may send us your DMCA request to:
Copyright Agent – [email protected]
Please provide us with the following information when submitting your DMCA takedown request:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This site (excluding any linked sites) is controlled by us from our offices within the State of Wyoming, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Wyoming, by accessing this site both of us agree that the statutes and laws of the State of Wyoming, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Wyoming with respect to such matters.
More Legal Jargon
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.