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Terms Of Use

Terms

These Terms and Conditions of Use (‘Agreement’) apply to the SMOK web located at eu.smoktech.com and all associated sites linked to eu.smoktech.com by SMOK, its subsidiaries and affiliates, including SMOK sites all around the word(collectively, the “site”). The site of SMOK and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

SMOK reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SMOK grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. So please read it carefully. You are the user of the Website is also governed by our Privacy Policy, which is incorporated into and made a part of this Agreement.The materials contained in this website are protected by applicable copyright and trademark law. 

BY ENTERING THIS SITE YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SMOK, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Web site or other media for publication or distribution or for any commercial enterprise, without SMOK’s express prior written consent.

Colors

We have made every effort to display, as accurately as possible, the colors of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Copyright

Copyright in this website (including without limitation, text, graphics, logos, sounds, and videos) is owned and licensed by SMOK. All materials contained on this site are protected by Chinese and international copyright law and may not be copied, reproduced, distributed, transmitted, displayed, published adapted, or dealt with in any form or by any means or in any media without the prior written permission of SMOK. You may not alter or remove any copyright or other notice from copies of the content. You may not, without SMOK's express written permission, 'mirror' any material contained on this site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications, regulations, and statutes.

Revisions

The materials appearing on SMOK’s website could include technical, typographical, or photographic errors. SMOK does not warrant that any of the materials on its website are accurate, complete, or current. SMOK may make changes to the materials contained on its website at any time without notice. SMOK does not, however, make any commitment to update the materials.

Trademark

SMOK is a trademark of IVPS Technology Co., Ltd. and is legally protected by law. It may only be used with the prior written permission of IVPS Technology Co., Ltd. in each specific instance. Use of the SMOK trademark for commercial purposes without the prior written permission of SMOK will constitute trademark infringement and unfair competition in violation of the law.

Disclaimers

SMOK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SMOK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SMOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMOK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SMOK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SMOK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
SMOK reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SMOK with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SMOK with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SMOK, SMOK will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SMOK’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SMOK of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SMOK and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

SMOK provides access to SMOK international data and, therefore, may contain references or cross references to SMOK products, programs and services that are not announced in your country. Such reference does not imply that SMOK in your country intends to announce such products, programs or services.



Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. SMOK shall be free to use such information on an unrestricted basis

SMOK' communication with you

You agree that SMOK may send electronic mail to you for the purpose of advising you of changes or additions to this site, about any of SMOK' products or services, or for such other purposes that SMOK deems appropriate.

Third Party Websites

smoktech.com may contain links to other websites on the Internet owned and operated by third parties. We have no control of the information, services, or products available on these third party sites. The inclusion of links to these sites is not meant to imply our endorsement of the website, or any association with the website owners/ operators. Because we maintain no control over such websites and resources, you are in agreement that we are not responsible or liable in any way for the availability or the operations of these external websites. We are not responsible or liable for any material located on or available on these websites for the protection of your data by third parties; once you leave our site we cannot guarantee the protection or safety of information elsewhere. Should you participate or have dealings with any in way, participations in promotions offered by advertisers on the Website, and this includes the payment and delivery of these goods or services, and any other terms, conditions, warranties, or representations associates with these dealings and/or promotions, such interactions are between you and the applicable advertiser/ third party. You are agreeing that we shall not be responsible or whatsoever liable, directly or indirectly, for any loss or damages caused by the usage or reliance on any such material available on or through any site or dealings or promotions.

Lost or Stolen Packages

SMOK is not responsible for lost or stolen packages. If you did not receive a package that is marked as delivered, it is your responsibility to resolve this issue with the post office. Lost or stolen packages are very frustrating and we will do our best to help you resolve the problem. Please understand though that this is completely beyond our control and does require you contact the post office for assistance.