SmokeAndPoke Terms of Service: User Agreement & Legal Conditions

1. Acceptance of Terms

Welcome to SmokeAndPoke.org ("the Platform", "we", "us", or "our"). By accessing, browsing, or using our website, mobile application, or any associated services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately cease all use of the Services.

These Terms constitute a legally binding agreement between you, the user, and SmokeAndPoke. Your continued use of the Services following the posting of any changes to these Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

2. Description of Services

SmokeAndPoke provides an adult-oriented online platform designed to facilitate social connections, networking, and dating among consenting adults. Our Services include, but are not limited to:

• User profile creation and management.
• Mechanisms for discovering and connecting with other users.
• Private and group communication tools.
• Access to community features and content.
• Any other features, content, or applications offered from time to time.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. User Responsibilities & Eligibility

By using the Services, you represent and warrant that:

1. Age Requirement: You are at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is higher. The Services are intended solely for adults.
2. Account Integrity: You will provide accurate, current, and complete information during registration and maintain the accuracy of such information.
3. Account Security: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
4. Lawful Use: You will use the Services only for lawful purposes and in accordance with these Terms and all applicable local, state, national, and international laws and regulations.

4. Intellectual Property Rights

All content, features, and functionality available on the Services, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, and the design, selection, and arrangement thereof (the "SmokeAndPoke Content"), are the exclusive property of SmokeAndPoke, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.

The trademarks "SmokeAndPoke," the flame-and-smoke logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SmokeAndPoke or its affiliates. You must not use such marks without our prior written permission.

5. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall SmokeAndPoke, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Our total cumulative liability to you for all claims arising from or related to the Services shall not exceed the greater of one hundred US dollars ($100) or the amount you have paid us in the past twelve (12) months.

6. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMOKEANDPOKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:
(i) the Services will meet your specific requirements,
(ii) the Services will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Services will be accurate or reliable,
(iv) the quality of any products, services, information, or other material obtained by you through the Services will meet your expectations, or
(v) any errors in the Services will be corrected.

No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly stated in these Terms.

7. Termination

We may, in our sole discretion and without liability, suspend or terminate your account and access to the Services, with or without notice, for any reason, including but not limited to a breach of these Terms.

You may terminate your account at any time by deactivating it through your account settings or by contacting us. Upon any termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts located in London, England, and you hereby consent to the personal jurisdiction of such courts.

9. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, typically by posting a notice on our website or sending an email to the address associated with your account. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.

10. Contact Information

If you have any questions about these Terms of Service, please contact us:

SmokeAndPoke Legal Department
Via our online contact form at: /contact
Please allow a reasonable time for us to respond to your inquiry.

For matters related to privacy, please review our Privacy Policy.

11. General Provisions

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be construed to reflect the parties' original intent, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire and exclusive agreement between you and SmokeAndPoke regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms.