Accepting the Terms of Service
The purpose of this website, theSmokeSesh.com, is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site. By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You, the viewers under the following terms and conditions:
Subscriber certifies to theSmokeSesh that Subscriber is an individual that is at least 13 years of age. No one under the age of 13 may provide any personal information to or on theSmokeSesh (including, for example, a name, address, telephone number or email address). Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site.
theSmokeSesh will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by theSmokeSesh to minimize such disruption where it is within theSmokeSesh’s reasonable control. You agree that the Site will be not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, your Subscriber Content or other Content.
Any content uploaded or contributes to this site by the user will be owned by that user, but hereby grants and agrees to grant theSmokeSesh a non-exclusive, worldwide, royalty-free, transferable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works ad store such user content and to allow others to do so in order to provide the service.
Users represents, warrants and agrees that it will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence.
theSmokeSesh reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Services at any time.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any theSmokeSesh user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
Much of the Content of the Site is provided by and is the responsibility of the user or subscriber who posted the Content. theSmokeSesh does not monitor the Content of the Site and takes no responsibility for such Content. Subscriber releases theSmokeSesh from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. theSmokeSesh makes no representations concerning any content contained in or accessed through the Site, and theSmokeSesh will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
Although theSmokeSesh will make reasonable efforts to store and preserve the material residing on the Site, theSmokeSesh is not responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your Subscriber Content.
To the fullest extent allowed by law, theSmokeSesh disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that theSmokeSesh is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Registration and Accounts Security
Subscribers who wishes to post, collect, or vote on content will be required to register with theSmokeSesh and select a password. Subscribers shall provide theSmokeSesh with accurate, complete, and updated registration information, including subscriber’s email address. Failure to do so shall constitute a breach of this agreement, which may result in immediate termination of subscriber’s account. Simply viewing the site and its content does not require a registration. theSmokeSesh reserves the right to refuse registration of, or cancel an account in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site from any and all liability concerning such activity. Subscriber agrees to notify theSmokeSesh immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold theSmokeSesh, its directors, officers and employees, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.
Limitation of liability
In no event shall theSmokeSesh, its directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting Content.
Either party may terminate the Services at any time by notifying the other party by any means. theSmokeSesh may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber’s account, Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to the Site, including without limitation any indemnification obligations contained herein.
Copyright / Intellectual Property Infringements
theSmokeSesh respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.
theSmokeSesh’s intellectual property policy is to (a) remove material that we believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Subscriber Content posted to the Services by “repeat infringers.” theSmokeSesh considers a “repeat infringer” to be any user that has uploaded Subscriber Content to the Services and for whom theSmokSesh has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Subscriber Content. theSmokeSesh has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon theSmokeSesh’s own determination.
All images on theSmokeSesh.com are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)
If you believe that any content appearing on theSmokeSesh.com infringes on your copyright, please contact us at our contact page with the
following information about the infringing material and if your information is correct, the infringing material(s) will be promptly removed.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability such as liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of theSmokeSesh relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
If you, the subscriber received an copyright infringement notification from theSmokeSesh about a particular material that you believe to be erroneous, please contact us at our contact page with the following information:
(a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(b) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(c) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located
theSmokeSesh Actions following the receipt of counter notification
Upon receipt of a Counter Notification, theSmokeSesh shall promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification, and theSmokeSesh will replace the removed material or cease disabling access to it in not less than 5, nor more than 20, business days following receipt of the Counter Notice, unless theSmokeSesh receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on theSmokeSesh’s system or network.
17 U.S.C. § 512(f).
theSmokeSesh reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.