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Definitions:

The terms 'SMOKINMEDIA' or 'WE' or 'US' or 'OUR' refers to the owner of the website/primary designer/site owner/service provider & its employees or affiliates. Our registered office is [JosObfuscator] f>JyKq*Bu7g`/rZtduu-dKDS3FpcbPh~xyXjuwm9_9a`|c~rhLeXm.r4|%t-$tGSM2|Eht~YrVy;J.e3`6/Ke,M XOP|8{/I2t]2t7516 Fürstenfeldbruck and the company registration number is [JosObfuscator] #J6+171`D5G7`#1/$ZM3$5^2xr2+^/Rr0_*2A5?ew7f|/8}1, registered in Germany.

The terms 'THE CLIENT' or 'YOU' or 'YOUR' refers to the company or individual requesting the services of SmokinMedia or the user/viewer of our website.

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern SmokinMedia's relationship with you in relation to this website and our services. If you disagree with any part of these terms and conditions, please do not use our website or services.

Terms & Conditions of Website Usage

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

General Terms & Conditions

These terms and conditions apply to all commissions. Additional terms relating to web design and hosting are also included below. All services provided by SmokinMedia to the client are subject to the following general terms and conditions:

Any proposal(s) supplied by SmokinMedia shall be deemed to include these terms and conditions and an acceptance of any such proposal or tender shall be deemed to be an acceptance of these terms and conditions.
The copyright design rights and all other types of intellectual property right in any proposal and any draft designs shall at all times remain with SmokinMedia. Any tender draft or proposal shall be treated as confidential information by the client who shall not divulge nor permit any of its servants, agents or employees to divulge the contents thereof.
In the event any proposal is not accepted by the client all copies of the proposal together with any accompanying documentation shall remain confidential.
A proposal is deemed to be accepted where agreement is provided either by email, telephone, mail or fax ("the Commission").
Any costing or timetable provided by SmokinMedia shall be provided on the basis of the Commission shall hold good for 30 days and if not accepted within that period shall be subject to review and adjustment by SmokinMedia.
Any statement by SmokinMedia as to the date of completion of the Commission is an estimate only. SmokinMedia will use reasonable endeavours to comply with any timetable but will be under no liability to the client or any other person in the event the Commission is not completed by the agreed date. SmokinMedia alone shall specify when the commission or any stage thereof has been completed.
Any alteration to the Commission agreed between the client and SmokinMedia shall entitle SmokinMedia to review and adjust any costing or timetable provided to the client.
Unless otherwise agreed in writing any costing of the Commission will be exclusive of VAT disbursements and reasonable expenses incurred by SmokinMedia. SmokinMedia shall have absolute discretion regarding the use of specialist materials or services in completion of the Commission [including (without prejudice to the generality of the foregoing): photography, type-setting, courier services, express deliveries, long distance telephone calls and facsimile transmissions and the client shall fully reimburse SmokinMedia for the cost of such items] and may sub-contract such elements of the Commission as it deems appropriate.
All fees charges and disbursements shall be paid within 30 days of the submission of SmokinMedia's account (unless otherwise agreed) in default of which interest shall accrue on the gross amount of the account so outstanding at a rate of 4% above the base rate of [comdirect bank AG, Germany] from time to time and SmokinMedia reserves the right to stop work on the Commission should any account not be paid. Non payment will result in legal action being taken if necessary.
SmokinMedia reserves the right to require the client to provide sums on account of the fee for the Commission or any disbursement or to require that the client obtain or provide to SmokinMedia any specialist material or service.
SmokinMedia shall provide such information regarding the amount of costs incurred as the client may reasonably require.
Unless otherwise agreed in writing SmokinMedia may submit interim accounts for payment notwithstanding that the Commission has yet to be completed.
1. On completion of the Commission and payment of all SmokinMedia's accounts SmokinMedia shall grant to the client at the cost of the client a license to exploit the finished version of the designs created modified or used in connection with the Commission ("the Works") for the purposes and in the territories specified in the Commission or, if no such territories are specified, in Germany.
2. The license granted by clause 14.1 shall extend to the Works in a tangible form only. If the client requires a license in respect of electronic copies of the Works this may be granted at the absolute discretion of SmokinMedia at additional cost.
3. SmokinMedia reserves such rights as are necessary for SmokinMedia to use the Works for its archive and/or any advertising of its business (if any).
The client acknowledges that each Work is created according to its own instructions and SmokinMedia makes no warranty as to its quality or suitability for any purpose or compliance with any rules regulations standards or criteria save that the Work will reasonably conform to the Commission. Where pre-production proofs or drafts are submitted for approval to the client the client shall be responsible for the correction of errors or omissions and SmokinMedia shall bear no liability whatsoever in respect of any errors or omissions subsequently discovered.
SmokinMedia shall not in any circumstances be liable for any loss of profit or any consequential loss suffered by the client or by any third party and in any event any claim against SmokinMedia shall be limited to the amount of SmokinMedia's fees and charges for the Commission. The client shall indemnify SmokinMedia against any liability over and above the said amount absolutely.
SmokinMedia warrants that it has not knowingly infringed any copyright design right or patent in the completion of the Commission and subject thereto the client agrees to indemnify SmokinMedia against any claim for infringement of any such right.
The client warrants that the information given to SmokinMedia in the Commission does not infringe any patent copyright or design right; is not information received by the client in confidence from a third party; is not defamatory and does not contravene any act of Parliament any subsidiary legislation any order of any Court or any other restraint and agrees to indemnify SmokinMedia against any claim arising from the use thereof in breach of any such matter.
Where the Commission includes printing by SmokinMedia the client acknowledges that due to the nature of the process there may be some non-material variation in colour tone or printing quality. SmokinMedia warrants it will use reasonable care and skill in the production of the printed items.
Without prejudice to its existing rights SmokinMedia may terminate this contract immediately if the client is in default of any term of any contract between SmokinMedia and the client or if the client becomes insolvent. Either party may terminate this contract by the giving of two months written notice to the other. Upon such termination the client will pay SmokinMedia any fees due, including fees for the period up to the end of the notice, together with any VAT and disbursements and will return all of the Works forthwith.
Any goods or chattels supplied by or on behalf of the client to SmokinMedia are insured for their replacement value only and the client shall bear the risk of any addition loss or damage from the date of the contract.
Nothing in this agreement shall operate so as to create a partnership or joint venture of any kind between SmokinMedia and any other person.
The client may not assign the benefit of this agreement or any right arising there from in any way whatsoever.
Quoted costs for the standard web development packages are based on a one-year contract. Quoted web hosting package costs are based on a minimum six month contract. These contracts exclude VAT and are payable for the whole period in advance. These contracts will automatically renew but can be cancelled in writing complete with your signature to our postal address, and must reach us one calendar month before the end of the contract.
Should there be any mistakes on this website with regard to pricing, we will not be bound to those prices.
This agreement shall be construed in accordance with the laws of Germany.

Web Design Services

These terms supplement our general Terms & Conditions. All Web Design Services provided by SmokinMedia to the client are subject to the following terms and conditions:

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, SmokinMedia cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of SmokinMedia until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, databases or software (unless specifically agreed) written by SmokinMedia remain the copyright of SmokinMedia and may only be commercially reproduced or resold with the permission of SmokinMedia.
SmokinMedia cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of SmokinMedia and where no charge is made by SmokinMedia for such additions, SmokinMedia accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to SmokinMedia all materials required to complete the site to the agreed standard and within the set deadline.
SmokinMedia will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
SmokinMedia will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
SmokinMedia will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
SmokinMedia will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
SmokinMedia does not guarantee that any scripts, cgi applications, php scripts, databases or software will be immune from hacking or malicious tampering. SmokinMedia will not be liable for any costs incurred, compensation or loss of earnings caused as a result of hacking.
SmokinMedia cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by SmokinMedia remain the copyright of SmokinMedia and may be used in future SmokinMedia projects as required.
Where applications or sites are developed on servers not recommended by SmokinMedia, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by SmokinMedia before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, SmokinMedia will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
SmokinMedia will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed on the most recent 2 versions of Microsoft Internet Explorer and Mozilla Firefox browsers. SmokinMedia can offer no guarantees of correct function with all browser software.

Hosting Services

These terms supplement our general Terms & Conditions. All Hosting Services provided by SmokinMedia to the client are subject to the following terms and conditions:

Website Content. All services provided by SmokinMedia may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, German, United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to: Copyrighted material, Material we judge to be threatening or obscene, Material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless SmokinMedia from any claims resulting from the use of the service, which damages the subscriber or any other party.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links: pirated software, pornography, violations of copyrights, hacker programs or archives, Warez sites and hate propaganda. SmokinMedia will be the sole arbiter as to what constitutes a violation of this provision.
Data Transfer. Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
Web space Usage. Web space is available for genuine web site content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good house keeping when maintaining their account.
Server Usage. Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other Clients we will discuss with you alternative solutions for your hosting requirements.
Acceptable Use Policy. The website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:
- Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services.
- Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
- Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website.
- Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others.
- Engage in illegal or unlawful activities through the Services or via the Website.
- Make available or upload files to the website or to the Services that the Client knows contain a virus, worm, trojan or corrupt data.
- Obtain or attempt to obtain access, through whatever means, to areas of SmokinMedia network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
- Operate or attempt to operate IRC bots or other permanent server processes.
- The Client has full responsibility for the content of the Website. For the avoidance of doubt, SmokinMedia is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services. If the Client fails to comply with the Acceptable Use Policy outlined in Clause 6 SmokinMedia shall be entitled to withdraw the Services and terminate the Client's account without notice.
Resources. When a website is found to be exceeding the resources agreed SmokinMedia reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances. Clients may be offered an option whereby SmokinMedia continues hosting the website for an additional fee.
Data Backup. The Client is responsible for undertaking any data back up programs, database, web files or other digital material.
Payment. All accounts are set up on a prepay basis. Although SmokinMedia reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year following the date the account was established. SmokinMedia reserves the right to suspend this and other services until any outstanding debt is cleared. SmokinMedia will not be responsible for any data lost due to non-payment closure of an account. The Client is responsible for all money owedon the account from the time it was established to the time that the Client sends a written cancellation request. Reinstatement of an account is at SmokinMedia's discretion. SmokinMedia reserves the right to charge a reinstatement fee of 50 (fifty) pounds per account.
Cancellations and Refunds. All fees charged on a prepay basis are non-refundable
Indemnification. The Client agrees that it shall defend, indemnify, save and hold SmokinMedia harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SmokinMedia, its agents, its Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless SmokinMedia against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SmokinMedia' server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Client from SmokinMedia's server.
Disclaimer. SmokinMedia will not be responsible for any damages your business may suffer. SmokinMedia makes no warranties of any kind, expressed or implied for services we provide. SmokinMedia disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by SmokinMedia and its employees. SmokinMedia reserves the right to revise its policies at any time.
Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.