You must read and agree to these terms and conditions before you can become a member of SmokingFetishVideo.com.
- One month memberships are US $17.95; special reduced memberships may be offered
from time to time. All credit card and online checking memberships renew
automatically, but the auto-renewal feature may be cancelled by visiting the
membership center online.
- For good and valuable consideration, you hereby agree to become a member of SmokingFetishVideo.com, and to be bound by the terms and conditions set forth in this agreement ("the Agreement"). The parties to this Agreement are you ("the Member") and SmokingFetishVideo.com ("the Company").
- Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide to you all the privileges of membership in SmokingFetishVideo.com. This Agreement is subject to change by the Company at any time. Changes are effective upon notice to the Member by e-mail, by posting at SmokingFetishVideo.com, or by mail.
- All materials at SmokingFetishVideo.com are intended for distribution to and viewing exclusively by consenting adults in locations where the materials do not violate community standards, or any federal, state or local laws or regulations of any nation, including but not limited to the United States of America.
- No one under the legal age of eighteen (18) (twenty-one in some jurisdictions) may directly or indirectly possess or view any of the material contained on SmokingFetishVideo.com, allow anyone under the legal age of eighteen (18) (twenty-one in some jurisdictions), or order any goods or services advertised on SmokingFetishVideo.com. You agree that you are over the legal age of eighteen (18) (twenty-one in some jurisdictions) and are capable of lawfully entering into an agreement to join SmokingFetishVideo.com.
- You acknowledge and agree that the material on SmokingFetishVideo.com may include explicit visual, audio and text descriptions of female smoking, nudity and sexual activity, that you are familiar with such material, that you are not offended by it, that you do not believe it to be obscene, and that you wish to see and/or hear it. You further agree that you are not a law enforcement official joining SmokingFetishVideo.com for the purposes of entrapment.
- You acknowledge and agree that all materials at SmokingFetishVideo.com are proprietary, and that you may only access, view, download, receive and otherwise use the materials as authorized by the Company. You agree that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. You acknowledge and agree that no materials from any parts of SmokingFetishVideo.com are authorized, and no materials are intended by the Company, to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person under the legal age in their jurisdiction, or to any person or entity located in any and all areas prohibited by law. You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from SmokingFetishVideo.com, in which you are directly or indirectly involved, shall constitute intentional infringement of SmokingFetishVideo.com's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of SmokingFetishVideo.com's trademark and other rights, including, but not limited to, rights of privacy.
- You agree to be personally liable and fully indemnify SmokingFetishVideo.com for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from SmokingFetishVideo.com alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies). Such damages shall include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from SmokingFetishVideo.com including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
- Some or all of the following fees and charges may be incurred by the Member:
a. Membership Fees. The Member is responsible for paying periodic subscription fees according to the then-current rates and billing terms. Membership fees are non-refundable; and you must be 18 years of age or older to receive a membership to SmokingFetishVideo.com. All credit card and online checking memberships will automatically renewupon expiration unless your membership is cancelled at least 24 hours prior to expiration. All membership cancellations can take place by visiting our membership center.
b. Other fees and/or charges for goods and services ordered at, through and/or from SmokingFetishVideo.com and its partners and licensees.
- Memberships may not be assigned or transferred to any other person or entity. Member must promptly inform Company of the following: changes in the expiration date of any credit card used in connection with SmokingFetishVideo.com; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Company is notified, by conventional mail, web site form, or by email at webmaster@SmokingFetishVideo.com of a breach in security, the Member will remain liable for any unauthorized use of SmokingFetishVideo.com.
- Payment for the services provided to you at and/or through SmokingFetishVideo.com may be made by automatic credit card or check debit and you hereby authorize Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to SmokingFetishVideo.com, or as unauthorized any charge by SmokingFetishVideo.com, for any goods or services, including subscription, for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from SmokingFetishVideo.com or any fraudulent reporting of an unauthorized charge to SmokingFetishVideo.com on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to SmokingFetishVideo.com remains outstanding at the time of such fraudulent reporting, you shall be liable to SmokingFetishVideo.com for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
- Membership in SmokingFetishVideo.com may be terminated at any time, and without cause, by either Company or Member upon notification of the other by electronic or conventional mail. You agree to be personally liable for all charges incurred by you during or through the use of SmokingFetishVideo.com. Your liability for such charges shall continue after termination of your membership for any reason.
- Members are responsible for providing all personal computer and communications equipment necessary to gain access to SmokingFetishVideo.com. Access to and use of SmokingFetishVideo.com is through the use of a password. Each Member must keep his password strictly confidential. For security reasons, SmokingFetishVideo.com will not release passwords. Unauthorized access to SmokingFetishVideo.com is a breach of this Agreement and a violation of law.
- Subject to the terms and conditions set forth herein, SmokingFetishVideo.com hereby grants you a limited, non-exclusive and non-transferrable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with authorized Member use of SmokingFetishVideo.com which Company provides ("Materials") during the period in which you are a current Member in good standing. You may use the Materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if downloadable copies of the Materials are made available by SmokingFetishVideo.com, you may make only a single copy of such Materials for your personal use and enjoyment. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices or labels on the Materials; and (6) making any other use of the Materials. This license does not grant you any rights to any software enhancements or updates of any kind.
- Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through SmokingFetishVideo.com are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All Materials and other matter used directly or indirectly in, at, by, through and/or with SmokingFetishVideo.com, are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at SmokingFetishVideo.com shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Member in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the Materials in your possession.
- You agree that Materials and all other services provided to you by the Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by you. Should the Materials or any other service provided by Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other members, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Materials or other use of SmokingFetishVideo.com.
- The Company does not screen or endorse advertisements or communications submitted to SmokingFetishVideo.com by third-party licensees, advertisers, or members for electronic dissemination through SmokingFetishVideo.com. Members are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of SmokingFetishVideo.com prior to purchasing goods and/or services advertised at SmokingFetishVideo.com or otherwise responding to any communication at SmokingFetishVideo.com.
- Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the Member to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through SmokingFetishVideo.com.
- No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with SmokingFetishVideo.com, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- All materials are copyrighted by SmokingFetishVideo.com. All rights are reserved.
- All materials included at SmokingFetishVideo.com are for the private use by Members only. No other uses are intended by the Company and any other use is strictly prohibited.
- If the Company should at any time provide any service which enables Members to communicate with or otherwise share information with other Members or persons providing any kind or service to Members, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using SmokingFetishVideo.com or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to SmokingFetishVideo.com. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through SmokingFetishVideo.com even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Members who are authorized to access SmokingFetishVideo.com and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through SmokingFetishVideo.com can be read by the operators and/or other agents of the Company,whether or not they are the intended recipient(s).
- Notices from SmokingFetishVideo.com to Members may be given by means of e-mail, by general posting on SmokingFetishVideo.com, or by conventional mail. Communications from you to the Company, including but not limited to questions, complaints or notices, may be made by e-mail to webmaster@SmokingFetishVideo.com or conventional mail.
- This Agreement contains the entire agreement between the Member and Company regarding Member's use of SmokingFetishVideo.com, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of Rhode Island and the United States. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW, AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD, CHECKING ACCOUNT OR PHONE BILL FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A MEMBERSHIP TO SmokingFetishVideo.COM.
SELECT "I AGREE" TO INDICATE THAT YOU HAVE READ THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE LEGAL AGE OF EIGHTEEN (18) YEARS (TWENTY ONE IN SOME JURISDICTIONS) AND UNDERSTAND THAT MATERIALS PRESENTED AT SmokingFetishVideo.com INCLUDE NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS AND ADULT LANGUAGE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OVER THE LEGAL AGE IN YOUR JURISDICTION, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, SELECT "I DO NOT AGREE."
I DO NOT AGREE