Copyright, Licenses and Submissions
The entire contents of the Website are protected by copyright and trademark laws. You may not copy, make derivative works, resell, distribute or make any commercial use in any manner. You may print or download portion of material from different areas of the Website solely for your own non-commercial use. You undertake not to use the Services for any purpose that is fraudulent or unlawful.
You agree to grant to The Smoking Earth a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display any information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to The Smoking Earth by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against The Smoking Earth for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Smoking Earth.
Our logos, designs, on the Website are exclusive trademarks or service-marks of The Smoking Earth. You are not authorised to use any such Marks. Other product and company names mentioned in the Website may be the trademarks of their respective owners.
Use of Services and Your Responsibility
You understand that, except for information or services clearly identified as being supplied by The Smoking Earth, The Smoking Earth does not operate, control or endorse any information, products or services on the Internet in any way. Except for The Smoking Earth identified information or services. You also understand that The Smoking Earth cannot and does not guarantee or warrant that files available for downloading (if any) through the Site 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 Website for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Website and the Internet. The Smoking Earth provides the Website and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement) with regard to the services. Also for any merchandise information or services provided through the services or on the Internet, The Smoking Earth shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Smoking Earth does not warrant that the services will be uninterrupted, error-free, timely, secure or that defects in the services will be corrected.
You understand that the pure nature of the internet contains materials, some of which may be offensive to you. Your access to such materials is at your own risk. The Smoking Earth has no-control over and accepts no responsibility whatsoever for such materials.
The Smoking Earth makes no representations whatsoever about any other Website which you may access through this one or which may link to this Website. When you access any other Website, please understand that it is independent from The Smoking Earth, and that The Smoking Earth has no control over the content on that Website. In addition, a link to The Smoking Earth Website does not mean that The Smoking Earth endorses or accepts any responsibility for the content, or the use, of such Website.
Limitations of Liability
In no event will The Smoking Earth be liable for (i) Any incident, consequential or indirect damages (including damages for loss of profits, business interruption or loss of information) arising out of the use of or inability to use the services or any information; (ii) Any claim attributable to errors, omissions or other inaccuracies in the services and/or materials or information downloaded through the services. Because some States and Countries do not allow the Exclusion or Limitation of Liability for consequential or incidental damages, the above limitations may not apply to you. In such States or Countries, The Smoking Earth liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless The Smoking Earth, its officers, directors, employees, agents, licensors and any third party information providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
You agree to transact with The Smoking Earth electronically (such as e-mail). Your affirmative act of subscribing or registering constitutes your acceptance of these Terms and Conditions. We may provide notices to you electronically via email or any service created by us for this purpose. The delivery of any notice shall be effective immediately, regardless of you reading or the receive delivery. You can withdraw your consent to receive notices by not using our services.
We reserve the right to start charging fees for access to our services or to any specific new feature that we may introduce. In no event shall you be charged unless we obtain your prior agreement to pay the fees. All details regarding any paid service by us will be disclosed prior to your agreement to pay any fees. Any such Terms and Conditions shall be deemed to be a part of these Terms and Conditions.
Governing Laws and Jurisdiction
This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between The Smoking Earth 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 India. Any cause of action or claim you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. The Smoking Earth’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. The Smoking Earth may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.