Before you
can join, you must read and agree to these terms and conditions. Please read
them carefully. By purchasing a Membership to SmokingHeaven.com (the "Site"),
you become a Subscriber and agree to be bound by these Terms and Conditions
(the "Agreement"). This agreement is subject to change by SmokingHeaven.com
at any time. Changes are effective without notice upon each Subscriber.
DEFINITIONS
The term
"Site", as referred to in these terms and conditions shall mean -
The site which you are purchasing a username and password (login) from SmokingHeaven.com
in order to access that site and its contents and benefits of membership. The
term "Member" or "Membership", as referred to in the terms
and conditions shall mean -The Subscriber or User of a valid username and password
(login) for the Site during the term of membership. The term "Subscriber",
as referred to in the terms and conditions shall mean - The End-user, Consumer,
of the services of the Site and holder of a valid username and password (login)
for the Site. The term "Login", as referred to in the terms and conditions
shall mean - The combination of unique username and password that is sold by
SmokingHeaven.com and used to access the Site. A Login is a license to use the
Site for a period of time. The term "Bookmarking", as referred to
in the terms and conditions shall mean - The act of placing a webpage (URL)
into a temporary file on the Subscribers browser so that the subscriber may
return to that page at a future date directly, without passing through any pages
that may have been precedent.
SUBSCRIPTION
FEES
The subscriber
is responsible for paying periodic subscription fees according to the then-current
terms of the Site. Subscription fees are non-refundable once your username and
password have been used to access a Site.
AUTOMATIC
RENEWAL
for the
recurring billing options subscription fees are automatically renewed at the
end of the original term selected, for a like period of time, unless notice
is received from the Subscriber three (3) days prior to renewal. Unless and
until this agreement is cancelled in accordance with the terms hereof, Subscriber
hereby authorizes ibill on behalf of SmokingHeaven.com to charge subscriber's
credit card (or other approved facility) to pay for the ongoing cost of membership.
Subscriber hereby further authorizes SmokingHeaven.com to charge Subscriber's
credit card (or other approved facility) for any and all purchases of products,
services and entertainment provided by the site.
NON-ASSIGN-
ABILITY/THEFT OF LOGIN
Your Membership,
username and password (login), may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform SmokingHeaven.com or the Site
of any apparent breach of security, such as loss, theft, or unauthorized disclosure
or use of a username or password. Until SmokingHeaven.com or the Site is notified,
by e-mailof any breach in security, the Subscriber will remain liable for any
unauthorized use of the Service.
TERMINATION/
CANCELLATION
Subscription
to the Service may be terminated at any time, and without cause, by either SmokingHeaven.com
or the Subscriber upon notification of the other by electronic or conventional
mail. When termination is requested by a member, subscription fees are NOT refunded.
Subscribers are liable for charges incurred by them until termination of service.
Subscribers may use any email address on the Site to submit thier termination
requests.
REFUNDS
In the event
that a refund is issued, ALL refunds will be made by crediting the credit card
that was used to make the original purchase. NO refunds will be made by cash
or cheque.
LICENSE
Memberships
to the Site are provided for personal, non- commerical use by customers of the
Site. As customers, visitors to the Site are hereby granted a single copy license
to download (on a single computer only) or print copies of any of the information
found on the Site for personal, non-commercial use only. Commercial use of the
site, or any material located on it, is strictly prohibited. In addition, you
may not modify any of the materials found on the Site; use them for any public
display, performance, sale or rental; remove, modify or alter any copyright
or other proprietary notice, or trademarks therefrom; or transfer any material
located on the Site to any other person or entity. SmokingHeaven.com and the
Site reserve the right to terminate this license at any time if you breach the
terms of this agreement, in which case you will be obligated to immediately
destroy any information downloaded, printed or otherwise copied from the Site.
Access to and use of the Site is through a combination of a username and a password
(login). Each Subscriber must keep his or her login strictly confidential. For
security reasons, SmokingHeaven.com will not release passwords for any reason,
to anyone other than the Subscriber, except as may be specifically required
by law or court order. Unauthorized access to the Site is a breach of this Agreement
and a violation of law.
BOOKMARKING
Bookmarking
to a page on the Site whereby the Warning page(s) and/or terms and conditions
are by-passed shall constitute an implicit acceptance of the terms and conditions
herein and an explicit acknowledgement of age of majority.
DISCLAIMERS
THE MATERIALS
ON THE 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 A PARTICULAR PURPOSE. SmokingHeaven.com OFFERS NO ASSURANCE
OF UNINTERRUPTED OR ERROR FREE SERVICE. SmokingHeaven.com DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER
ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY
CHANGE AT ANY TIME WITHOUT NOTICE. SmokingHeaven.com MAKES NO REPRESENTATION
AS TO ANY OF THE INFORMATION FOUND AT THE SITE. IN NO EVENT SHALL SmokingHeaven.com
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT
OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THE
SITE, EVEN IF SmokingHeaven.com HAS BEEN ADVISED OF SUCH DAMAGES. Subscribers
are responsible for providing all personal computer and communications equipment
necessary to gain access to the Site. All materials on the Site are copyrighted
and are protected under treaty provisions and worldwide copyright laws. The
Site's materials may not be reproduced, copied, edited, published, transmitted
or uploaded in any way without written permission. Except as expressly stated
in the limited license provision of these terms and conditions, purchase of
a Membership does not grant any express or implied right to you under any of
its trademarks, copyrights or other proprietary information. SmokingHeaven.com
makes no representation that the materials available on the Site are appropriate
or available for use in other locations, and access to them from jurisdictions
where their contents are illegal is prohibited. If the Site enables Subscribers
to share information with other Subscribers, Subscribers agree not to submit,
publish, or display on the Service any defamatory, inaccurate, abusive, threatening,
racially offensive, or illegal material. Transmission of such material that
violates any federal, state, or local law, is prohibited and is a breach of
this Agreement. Subscribers agree not to engage in advertising to, or solicitation
of other Subscribers to buy or sell any products or services through the Site
without prior written consent. Subscribers are responsible for information they
send, or display through the Site even if a claim should arise after termination
of service. All messages shall be deemed to be readily accessible to the general
public. Do not use the Site for any communication for which the sender intends
only the sender and the intended recipient(s) to read. Notice is hereby given
that all messages entered into this Site can and may be read by the operators
of the Site, whether or not they are the intended recipient(s). The subscriber
hereby warrants and represents that he or she is over the age of 18(21 in AL,
MS, NE, and WY), and in all respects is qualified and competent to enter into
this agreement.
AGREEMENT
TO VIEW ADULT MATERIAL
The Site
is designed and intended SOLELY for ADULTS - people who are at least 18 years
old(21 in AL, MS, NE, and WY)-- who are interested in and wish to have access
to visual images, verbal descriptions and audio sounds of a sexually oriented,
frankly erotic nature. The materials which are available within this site may
include graphic visual depictions and descriptions of nudity and sexual activity
and should NOT be accessed by anyone who is younger than 18 years old(21 in
AL, MS, NE, and WY) or who does not wish to be exposed to such materials. By
purchasing a Membership you are making the following statements: "Under
penalty of perjury, I swear/affirm that as of this moment, I am an adult, at
least 18 years of age(21 in AL, MS, NE, and WY)." "I promise that
I will not permit any person(s) under 18 years of age(21 in AL, MS, NE, and
WY) to have access to any of the materials contained within this site."
"I understand that when I gain access to this site, I will be exposed to
audio sounds, visual images, and verbal descriptions of a sexually oriented,
bluntly erotic nature, which may include graphic visual depictions and descriptions
of nudity and sexual activity. I am voluntarily choosing to do so, because I
want to view, read and/or hear the various materials which are available, for
my own personal enjoyment, information and/or education. My choice is a manifestation
of my interest in sexual matters, which is both healthy and normal and, which,
in my experience, is generally shared by average adults in my community. I am
familiar with the standards in my community regarding the acceptance of such
sexually oriented materials, and the materials I expect to encounter are within
those standards. In my judgement, the average adult in my community accepts
the consumption of such materials by willing adults in cirumstances such as
this which offer reasonable insulation from the materials for minors and unwilling
adults, and will not find such materials to appeal to a disagreeable interest
or to be patently offensive."
ADDITIONAL
TERMS AND CONDITIONS
In addition
to these Terms and Conditions, the Site may have additional Terms and Conditions
that are an integral part of this Agreement. Terms or Conditions which may be
listed at the Site shall in no way invalidate any of the Terms and Conditions
listed here. All Terms and Conditions apply to SmokingHeaven.com , the Site,
and you. I agree to the terms and conditions specified by the site linked to
this page.
SEVERABILITY
If any provision
of this Agreement shall be held to be invalid or unenforceable for any reason,
the remaining provisions shall continue to be valid and enforceable. If a court
finds that any of this Agreement is invalid or unenforceable, but that by limiting
such provision it would become valid or enforceable, then such provision shall
be deemed to be written, construed, and enforced as so limited.
NOTICE
Notices
by the Site to Subscribers may be given by means of electronic messages through
the Site, by a general posting on the Site, or by conventional mail. Notices
by Subscribers may be given by electronic messages unless otherwise specified
in the Agreement. All questions, complaints, or notices regarding the Site to
SmokingHeaven.com.com must be directed here. ms.jackie@smokingheaven.com