Terms of Use

The Smoke Me Out.net Site (the "Service") is an online information and entertainment service provided by Smoke Me Out.net. ("SMO"), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto.
"Smoke Me Out.net" design are registered trademarks of SMO Productions in the United States and other countries. Other marks which appear on this Web site may be marks of third parties that are not affiliated with Smoke Me Out.net. Smoke Me Out.net and its affiliates do not control or endorse the content of third party Web sites.
*Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. If you utilize the Service in a manner inconsistent with these terms and conditions, Smoke Me Out.net may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. Smoke Me Out.net may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
YOUR ACCEPTANCE
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the SmokeMeOut.net domain name, the "Smoke Me Out.net Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF SMOKE ME OUT.NET'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT HTTP://WWW.SMOKEMEOUT.NET/TERMS, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Smoke Me Out.net Website.
These Terms of Use apply to all users of the Smoke Me Out.net Website, including but not limited to users who are also contributors of video content, information, and other materials or services on the Website.
The Smoke Me Out.net Website may contain links to third party websites that are not owned or controlled by Smoke Me Out.net. Smoke Me Out.net has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
In addition, Smoke Me Out.net will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Smoke Me Out.net from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Smoke Me Out.net Website and to read the terms and conditions and privacy policy of each other website that you visit.
ACCESS
A. Smoke Me Out.net hereby grants you permission to use the Website as set forth in this Terms of Use, provided that:
(i) your use of the Website as permitted is solely for your personal, noncommercial use; and for entertainment purposes
(ii) you will not copy or distribute any part of the Website in any medium without Smoke Me Out.net’s prior written authorization;
(iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
(iv) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Smoke Me Out.net immediately of any breach of security or unauthorized use of your account. Although Smoke Me Out.net will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Smoke Me Out.net or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Smoke Me Out.net servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Smoke Me Out.net grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Smoke Me Out.net reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
USE OF THE SERVICE

You understand that, except for information, products or services clearly identified as being supplied by Smoke Me Out.net, Smoke Me Out.net does not operate, control or endorse any information, products or services on the Internet in any way. Except for Smoke Me Out.net -identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with Smoke Me Out.net.
You also understand that Smoke Me Out.net cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Service and the Internet. Smoke Me Out.net does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and Smoke Me Out.net shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. Smoke Me Out.net does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Smoke Me Out.net has no control over and accepts no responsibility whatsoever for such materials.
 
In no event will Smoke Me Out.net be liable for
(I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if Smoke Me Out.net or its authorized representatives have been advised of the possibility of such damages, or
(II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Smoke Me Out.net’s liability is limited to the greatest extent permitted by law.

COPYRIGHT, LICENSES AND IDEA SUBMISSIONS
 
The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is Smoke Me Out.net. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make:
(a) one machine readable copy,
(b) one backup copy, and
(c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Smoke Me Out.net or any third party information provider to the Service.
You agree not to change or delete any proprietary notices from materials downloaded from the Service.
You agree to grant to Smoke Me Out.net a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (including but not limited to; bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed.
You also grant to Smoke Me Out.net the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Smoke Me Out.net for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
The content on the Smoke Me Out.net Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Smoke Me Out.net, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS and for entertainment, whether informational and personal, purposes only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Smoke Me Out.net. Smoke Me Out.net reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Smoke Me Out.net Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Smoke Me Out.net Website or the Content therein.

USER SUBMISSIONS
A. the Smoke Me Out.net Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Smoke Me Out.net does not guarantee any confidentiality with respect to any submissions.
B. you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
 
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Smoke Me Out.net to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
 
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Smoke Me Out.net, you hereby grant Smoke Me Out.net a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Smoke Me Out.net Website and Smoke Me Out.net's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Smoke Me Out.net Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Smoke Me Out.net Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Smoke Me Out.net Website.
C. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Smoke Me Out.net all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Smoke Me Out.net or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business:
(v) impersonate another person. Smoke Me Out.net does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Smoke Me Out.net expressly disclaims any and all liability in connection with User Submissions. Smoke Me Out.net does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Smoke Me Out.net will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Smoke Me Out.net reserves the right to remove Content and User Submissions without prior notice. Smoke Me Out.net will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Smoke Me Out.net also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Smoke Me Out.net may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
 
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
 
(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 you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
Smoke Me Out.net designates the Copyright Infringement Notification process found in the Help section of the Smoke Me Out.net website.
 All claims must be sent the appropriate email address listed in the CIN above.
Smoke Me Out.net is not responsible for misdirected, lost, or un-received mail beyond the reasonable control of its own facilities. If you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Only DMCA notices should go to the designated contact; any other feedback, comments, requests for technical support, and other communications should be directed to Smoke Me Out.net customer service through the Help section of the Smoke Me Out.net website.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Smoke Me Out.net Website, you will be exposed to User Submissions from a variety of sources, and that Smoke Me Out.net is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Smoke Me Out.net with respect thereto, and agree to indemnify and hold Smoke Me Out.net, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Smoke Me Out.net permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Smoke Me Out.net provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Smoke Me Out.net website on the pages containing the Embeddable Player. Smoke Me Out.net reserves the right to discontinue any aspect of the Smoke Me Out.net Website at any time.

WARRENTY AND INDEMNIFICATION
YOU AGREE THAT YOUR USE OF THE SMOKE ME OUT.NET WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SMOKE ME OUT.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SMOKE ME OUT.NET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SMOKE ME OUT.NET WEBSITE. SMOKE ME OUT.NET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SMOKE ME OUT.NET WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SMOKE ME OUT.NET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU SPECIFICALLY ACKNOWLEDGE THAT SMOKE ME OUT.NET SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Smoke Me Out.net from its facilities in the United States of America. Smoke Me Out.net makes no representations that the Smoke Me Out.net Website is appropriate or available for use in other locations. Those who access or use the Smoke Me Out.net Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify, defend and hold harmless Smoke Me Out.net, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of Smoke Me Out.net and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.

GENERAL

This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between Smoke Me Out.net and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Smoke Me Out.net's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Smoke Me Out.net may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree that:
(i) The Smoke Me Out.net Website shall be deemed solely based in California; and
(ii) The Smoke Me Out.net Website shall be deemed a passive website that does not give rise to personal jurisdiction over Smoke Me Out.net, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Smoke Me Out.net that arises in whole or in part from the Smoke Me Out.net Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Notice and any other legal notices published by Smoke Me Out.net on the Website, shall constitute the entire agreement between you and Smoke Me Out.net concerning the Smoke Me Out.net Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Smoke Me Out.net’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Smoke Me Out.net reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Smoke Me Out.net Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
YOU AND SMOKE ME OUT.NET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SMOKE ME OUT.NET WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Smoke Me Out.net without restriction.
Exhibit A
Operating Practices
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Smoke Me Out.net. Smoke Me Out.net cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, Smoke Me Out.net reserves the right to monitor content on the Service and to remove content which Smoke Me Out.net, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
i. Unless you are participating in an area of the Service that requires or encourages anonymity, use your real name in online communications.
ii. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
iii. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
iv. You may not interfere with other user’s use of the Service.
v. You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission.
vi. You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.
vii. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Smoke Me Out.net reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
viii. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Service for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
ix. You may not post or list articles which are off-topic according to the description of the group or list or send unsolicited mass emailing to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients.
x. You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity, which infringes the rights of others.

Privacy Notice

Smoke Me Out.net Privacy Statement
Smoke Me Out.net recognizes that the trust of our customers and Web visitors requires vigilant, responsible privacy protections.
We respect and protect the privacy of our customers. As a provider of entertainment and related services and/or products we recognize that we must maintain the confidentiality of every customer's profile and other account information.
 
We also respect and protect the privacy of our Web visitors. The expansion of online services and changing technologies continues to create unique privacy concerns and we recognize the need to maintain the confidentiality of information that Web visitors reasonably expect to remain private.
 
We have a long history of vigorously protecting customer and web visitor privacy. Our customers and web visitors expect, deserve and receive nothing less than our fullest commitment to their privacy. We also have an obligation to assist law enforcement and other government agencies responsible for protecting the public welfare, whether it be an individual or the security interests of the entire nation. If and when we are asked to help, we do so strictly within the law and under the most stringent conditions.
*Please note that any video, image, or other content posted at the direction of Users onto the Smoke Me Out.net Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice. Smoke Me Out.net provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Smoke Me Out.net Sites.
THE SCOPE OF THIS PRIVACY POLICY
This privacy policy addresses the privacy of Smoke Me Out.net customers and Web visitors in the United States. Where applicable, Smoke Me Out.net will comply with the laws of other countries that contain mandatory requirements that differ from this policy. In selected jurisdictions outside the United States, select services of Smoke Me Out.net may adopt a separate privacy policy to reflect the requirements of applicable local laws.
This policy does not apply where non-members of Smoke Me Out.net ("third parties") have licensed the Smoke Me Out.net brand for use with their own products or services.
When you sign up for certain Smoke Me Out.net services, you may agree to additional privacy policies that address service-specific privacy practices. Selective Smoke Me Out.net services are subject to an additional privacy policy.
INFORMATION WE COLLECT
If you submit personally identifiable information to us through the Smoke Me Out.net Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Smoke Me Out.net Sites.
Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the Smoke Me Out.net Sites and other Users can contact you through messages and comments. Any videos that you submit to the Smoke Me Out.net Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
 
USER PROVIDED INFORMATION
You provide certain personally identifiable information (such as your name and email address) to Smoke Me Out.net when choosing to participate in various activities on the Smoke Me Out.net Sites, not limited to but which may also include uploading videos, posting messages in our forums or in the video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
 
Cookies Information: When you visit the Smoke Me Out.net Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Smoke Me Out.net may use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Smoke Me Out.net Sites may not function properly if the ability to accept cookies is disabled.

 
Log File Information: When you use the Smoke Me Out.net Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
 
Clear GIFs Information: When you use the Smoke Me Out.net Sites, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
 
We collect personal identifying information regarding our customers, including information customers give us, information collected as a result of the customer’s relationship with us and information we obtain from other sources. Examples include name; address; e-mail address; telephone number; billing, payment, usage, credit and transaction information (including credit card numbers, account numbers and/or social security number); and demographic information.
 
We also collect personal identifying information that our Web visitors choose to provide to us (e.g., name, address, telephone number, e-mail address) when registering on our Web sites; ordering Smoke Me Out.net offered products or services; sending us e-mail; responding to our surveys; entering contests or sweepstakes; or in connection with online ordering or billing functions.
 
We use the personal identifying information of a customer to provide, confirm, change, bill, monitor and resolve problems with the quality of Smoke Me Out.net-offered products and services. We also use the personal identifying information of a customer or Web visitor to develop, market and sell our products and services.
 
We may aggregate the personal identifying information of different customers or Web visitors to produce data about a group or category of services, customers or Web visitors. For example, we might use aggregate data about the types of services our customers have generally purchased at the same time in order to develop attractive bundled service offerings.

Protecting the privacy of young children is especially important. For that reason, Smoke Me Out.net does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Smoke Me Out.net Sites from persons less than 13 years of age, and no part of our website is directed to persons less than 13. If you are less than 13 years of age, then please do not use or access the Smoke Me Out.net Sites at any time or in any manner. If Smoke Me Out.net learns that personally identifiable information of persons less than 13 years of age has been collected on the Smoke Me Out.net Sites without verified parental consent, then Smoke Me Out.net will take the appropriate steps to delete this information.
 
The Smoke Me Out.net Sites are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Smoke Me Out.net Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Smoke Me Out.net Sites, which are governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
In the event that Smoke Me Out.net is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
USE OF INFORMATION WE COLLECT
We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf.
We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature.
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Smoke Me Out.net Sites.
 
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
Smoke Me Out.net also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Smoke Me Out.net believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of Smoke Me Out.net, our Users or others.
 
We may, where permitted or required by law, provide personal identifying information to third parties (including credit bureaus or collection agencies) without your consent:

- To obtain payment for Smoke Me Out.net-offered products and services, enforce or apply our customer agreements, and/or protect our rights or property.
- To comply with court orders, subpoenas, or other legal or regulatory requirements.
A customer’s information may also be transmitted and displayed on Smoke Me Out.net unless the customer has elected to block such information. Blocking does not prevent the display of the information from third-party, independent companies, and out-side sources beyond Smoke Me Out.net limits of operation.
Our Web sites may provide links to third party sites. We are not responsible for the privacy, security or content of such sites. If you are asked to provide information on one of these Web sites, we encourage you carefully to review their privacy policy before sharing your information.
We periodically send customers news and updates via e-mail regarding Smoke Me Out.net offered services, products, and special promotions. We do not provide your e-mail address to third parties for the marketing of third-party products without your consent.
YOUR CHOICES
You may, of course, decline to submit personally identifiable information through the Smoke Me Out.net Sites, in which case Smoke Me Out.net may not be able to provide certain services to you.
You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files uploaded by Users to the Smoke Me Out.net Sites cannot be removed and remain subject to our Terms of Use.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact Smoke Me Out.net with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices found in the Help section at the Smoke Me Out.net website.
You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. The Smoke Me Out.net privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
CHANGES AND UPDATES TO THIS POLICY
This privacy policy supersedes and replaces all previously posted privacy policies.
We want you to be aware of the information we collect, how we use it and under what circumstances, if any, we disclose it.

We reserve the right to update this privacy policy to reflect any changes we make in order to continue serving the best interests of our customers and Web visitors and will timely post those changes. If we make a material change to this privacy policy, we will post a prominent notice on our Web sites.
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below.
Please revisit this page to stay aware of any changes.
In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Smoke Me Out.net Sites constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.