Terms of Service
ACCEPTANCE OF TERMS OF SERVICE
Hello and Welcome to Smoola.com™ and Smoola, Inc. (“Smoola™”) You are permitted
to use any of Smoola’s services and sites (the “Services”). In using these Services,
you are subject to the following Terms of Service (“TOS”) and Copyright Notice and
all applicable laws and regulations, including laws and regulations that govern
patent, copyright, and trademark. The TOS may be updated without any notice to you.
You may view the most current TOS at www.Smoola.com/terms. By using this site after
we post any changes, you agree to accept those changes, whether or not you have
reviewed them. If at any time you choose not to accept these Terms and Conditions
of use, please stop using this site.
DESCRIPTION OF SERVICE
Smoola.com is a web-portal that helps local merchants/people/citizens by putting
their print advertisements online. There can be various types of information displayed
on Smoola.com. Simply, anything printed on paper may be displayed and searched for
based on keyword. These may include, but are not limited to, yard sale postings,
restaurant menus, "for sale" flyers, coupons, housing listings, personal dating
advertisements, opinions, pictures, messages, images, etc. (“Content”)
CONTENT
You understand that all Content posted on, transmitted through, or linked from the
Services, are the sole responsibility of the person from whom such Content originated.
You acknowledge that Smoola is not responsible for material submitted to Smoola.
Smoola does not pre-screen, monitor, review or edit the Content submitted to Smoola.
However, Smoola and its designees have the right (but not the obligation) at their
sole discretion to refuse or remove any Content, in whole or part, that, in Smoola's
judgment, does not comply with these TOS or is otherwise undesirable, inappropriate
or inaccurate. Smoola is not responsible for any failure, non-failure or delay in
removing such Content. You will remain responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of such submitted material to Smoola. You
agree to immediately notify Smoola of any unauthorized use of the Service or any
other breach of security known or suspected by you.
You acknowledge and agree that Smoola may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
these Terms of Services; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of Smoola,
its users or the public.
You understand that the technical processing and transmission of the Web Site, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
Smoola assumes no responsibility for the deletion or failure to store Content or
other information submitted by you or other users to Smoola.com.
Any or all Content on the Web Site may be purged periodically in Smoola’s sole discretion.
You acknowledge and agree that Content you view, submit or post is at your own discretion
and risk, including any reliance on the accuracy, completeness, or usefulness of
such Content. You acknowledge that you may not rely on any Content posted on Smoola.
You further acknowledge and agree that the views expressed on the Web Site do not
necessarily reflect the views of Smoola, and Smoola does not support or endorse
Content posted or submitted by you or any User.
RESTRICTIONS ON THE USE OF SMOOLA SERVICES
Without limitation of the foregoing, you agree to not use the Web Site or Services
to: · Post Content that is offends the online community, such as Content that promotes
hate, racism, bigotry, or physical harm of any kind against any group or individual;
· Post Content that transmits "junk mail", "chain letters," or unsolicited mass
mailing or "spamming"; · Post Content that promotes information that you know is
incorrect, misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory; · Post Content that promotes an illegal or unauthorized
copy of another person’s copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files; · Post Content
that harasses or advocates harassment of another person; · Post Content that provides
material that hurts minors under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18; · Post Content that provides
instructional information about illegal activities such as making or buying illegal
weapons, violating someone’s privacy, or providing or creating computer viruses;
· Post Content that solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and · Post Content that engages in commercial
activities and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes. You also agree that you will not collect
or store information about the users of this Web Site or the Content posted by others
on this Web Site or use such information for any purpose inconsistent with the purpose
of this Web Site or for the purpose of transmitting or facilitating transmission
of unsolicited bulk electronic mail or communications.
CORRESPONDENCE WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that Smoola shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
NO RESALE OF SERVICE
You cannot reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Services.
VIRUSES
Smoola shall not be liable for, any damages to, or viruses that may infect, your
computer equipment or other property on account of your access to, use of, or browsing
in the Site or your downloading of any materials, data, text, images, video, or
audio from the Site.
LINKED SITES
From the Smoola Web Site, you may be able to link to third parties' Web Sites ("Linked
Sites") . Linked Sites are not, however, reviewed, controlled, or examined by Smoola
in any way and Smoola is not responsible for any of the Content of these Linked
Sites, or any additional links contained therein. Smoola has no association with
or endorsement of the Linked Sites and therefore, it is your sole responsibility
to comply with the appropriate terms of service of the Linked Sites as well as with
any other obligation under copyright, secrecy, defamation, decency, privacy, security
and export laws related to the use of such Linked Sites and any content contained
thereon. Smoola is not liable, directly or indirectly, to anyone for any loss or
damage arising from or occasioned by the creation or use of the Linked Sites or
the information or material accessed-through these Linked Sites. Smoola reserves
the exclusive right, at its sole discretion, to add, change, decline or remove,
without notice, any feature or link to any of the Linked Sites from the Web Site
and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT THAT IS UNSUITABLE FOR MINORS,
OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT
THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND
THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES
DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE,
PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU
ACCESS THESE LINKED SITES.
LINKING TO SMOOLA
Permission must be granted by us for any type of link to Smoola.com. To seek our
permission, you may write or email your request to info@Smoola.com. We reserve the
right, however, to rescind any permission granted by us to link through any type
of link, and to require termination of any such link to the Web Site, at our discretion
at any time.
INTELLECTUAL PROPERTY
All materials contained in this Web Site are the copyrighted property of Smoola
and its affiliates or licensors. As between Smoola and you, Smoola is the sole owner
of all content on the Web Site, including without limitation, all applicable U.S.
and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual
property rights thereto. Except as otherwise specifically provided in these Terms
of Services, you may not download or save a copy of the Web Site or any portion
thereof, for any purpose. You may, however, print a copy of individual screens appearing
as part of the Web Site solely for your personal, non-commercial use or records,
provided that any marks, logos or other legends that appear on the copied screens
remain on, and are not removed from the printed or stored images of such screens.
All title and intellectual property rights in and to the content of the Linked Sites
is the property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties.
PRIVACY POLICY
We are committed to protecting your privacy and security and have explained in detail
the steps we take to do so. We urge you to read our privacy policy.
DISCLAIMER OF WARRANTY
THE MATERIALS IN THE SMOOLA SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON ANY SMOOLA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY SMOOLA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SMOOLA SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability
of information found on sites that link to or from any SMOOLA Site. We cannot ensure
that you will be satisfied with any products or services that you purchase from
a third-party site that links to or from any SMOOLA Site or third-party content
on our sites. We do not endorse any of the merchandise, nor have we taken any steps
to confirm the accuracy or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations or warranties as
to the security of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third party, and
you hereby irrevocably waive any claim against us with respect to such sites and
third-party content. We strongly encourage you to make whatever investigation you
feel necessary or appropriate before proceeding with any online or offline transaction
with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, ANY SMOOLA SITE OR MATERIALS OR FUNCTIONS
ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS)
FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SMOOLA SITE. INDEMNIFICATION
You hereby agree to indemnify, defend and hold SMOOLA, and all of our officers,
directors, owners, employees, agents, information providers, affiliates, partners
and licensors (collectively, the "SMOOLA Parties") harmless from and against any
and all liability, losses, costs and expenses (including attorneys' fees) incurred
by any SMOOLA Party in connection with any claim including, but not limited to,
claims for defamation, violation of rights of publicity and/or privacy, copyright
infringement or trademark infringement arising out of:
- Your use of our sites;
- Any use or alleged use of your accounts or your passwords by any person, whether
or not authorized by you;
- The content, quality or performance of content that you submit to our sites;
- Your connection to our sites;
-
Your violation of these Terms; or
-
Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us and you agree to cooperate
with our defense of these claims.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, digital downloads, data compilations, is the property of Smoola or its Advertisers
and protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of Smoola.com and protected
by U.S. and international copyright laws.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide Smoola.com's copyright agent the written information
specified below. Please note that this procedure is exclusively for notifying Smoola.com
and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; A description of the copyrighted work that
you claim has been infringed upon; A description of where the material that you
claim is infringing is located on the site, if applicable; Your address, telephone
number, and e-mail address; A statement by you that you have a good-faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
law; A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Smoola’s Copyright Agent for notice of claims
of copyright infringement on its site can be reached as follows: Copyright Agent
Smoola, Inc.
APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of California , excluding its conflicts-of-law
rules, shall govern these Terms of Services. Please note that your use of the Web
Site may be subject to other local, state, national, and international laws. You
expressly agree that exclusive jurisdiction for any claim or dispute with Smoola
or relating in any way to your use of the Web Site resides in the courts of the
State of California, and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of California, in connection
with any such dispute and including any claim involving Smoola or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication providers
and content providers.
We control and operate this site from our offices in Santa Monica, California. We
do not represent that materials on the site are appropriate or available for use
outside of Santa Monica, California. Persons who choose to access this site from
other locations do so on their own initiative, and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to
info@smoola.com.
PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions shall
remain in full force and effect.
ASSIGNMENT OF RIGHTS
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever,
any of your rights or obligations under this Agreement. Smoola may transfer, assign
sublicense or pledge in any manner whatsoever, any of its rights and obligations
under this agreement to a subsidiary, affiliate, or successor thereof or to any
third party whatsoever, without notifying you or receiving your consent.
CONTACT
If you have any questions about this policy or our site in general, please contact
us at info@smoola.com.