Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Hollywood Clouds Smoke hereinafter "Hollywood Clouds Smoke", a company duly organized and validly existing, located in Hollywood, Florida, USA. This Agreement annuls and voids all previous agreements.
Overview
The Site (hollywoodclouds.com) is operated by Hollywood Clouds Smoke. Throughout the Site, the terms "We", "Us", and ''Our" refer to Hollywood Clouds Smoke. Hollywood Clouds Smoke offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Definitions
For the purposes of these Terms and Conditions:
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“Affiliate” means an entity that controls, is controlled by, or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
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“Account” means a unique account created for You to access our Service or parts of our Service.
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“Company” (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Hollywood Clouds Smoke.
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“Country” refers to the United States of America.
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“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
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“Device” means any device that can access the Service, such as a computer, a cell phone, or a digital tablet.
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“Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
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“Products” refers to the products or items offered for sale on the Service.
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“Orders” means a request by You to purchase Products from Us.
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“Promotions” refer to contests, sweepstakes, or other promotions offered through the Service.
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“Service” refers to the Website.
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“Terms and Conditions” (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
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“Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
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“Website” refers to hollywoodclouds.com, accessible from https://hollywoodclouds.com.
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“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are the age of majority in your state or province of residence, and you understand that any of your minor dependents are strictly prohibited from viewing and using this Site.
You may not use our products or Site for any illegal or unauthorized purpose, nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
A breach or violation of any of the Terms will result in an immediate termination of your account, communication, and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
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Restrict, suspend or terminate your access to all or any part of our Site;
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Change, suspend or discontinue all or any part of our products or Site;
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Refuse, move, or remove any content that is available on all or any part of our Site;
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Establish general practices and limits concerning the use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks and managed by a secure third-party payment provider.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use the Site, or access to the Site or any contact on the Site without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hollywood Clouds Smoke content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices of any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Hollywood Clouds Smoke and the copyright owner. You agree that you do not acquire any ownership rights of any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hollywood Clouds Smoke or our licensors except as expressly authorized by these Terms.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
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SECTION 2 – USER ACCOUNT
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
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You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
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You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
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You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
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SECTION 3 – CONTENT
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
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SECTION 4 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of Hollywood Clouds Smoke Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Hollywood Clouds Smoke.
Furthermore, you herein agree not to make use of Hollywood Clouds Smoke Services for the purpose of:
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Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
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Causing harm to minors in any manner whatsoever.
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Impersonating any individual or entity, including, but not limited to, any Hollywood Clouds Smoke officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity.
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Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with.
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Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
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Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.
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Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose.
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Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs that have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment.
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Disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions.
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Interfering with or disrupting any Hollywood Clouds Smoke services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers.
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Intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
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Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Immigration Nationality Act.
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"Stalking" or with the intent to otherwise harass another individual.
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Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
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Hollywood Clouds Smoke herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the terms or which would otherwise be considered offensive to other visitors, users, and/or members.
Hollywood Clouds Smoke herein reserves the right to access, preserve and/or disclose user information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
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Compliance with any legal process.
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Enforcement of the Terms.
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Responding to any claim that therein contained content is in violation of the rights of any third party.
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Responding to requests for customer service.
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Protecting the rights, property, or personal safety of Hollywood Clouds Smoke, its visitors, users, and members, including the general public.
We herein reserve the right to include the use of security components that may permit digital information or material to be protected and that such use of information and/or material is subject to usage guidelines and regulations established by Hollywood Clouds Smoke or any other content providers supplying content services to Hollywood Clouds Smoke. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 5 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology, or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer or upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 6 - SUBMITTED CONTENT
Hollywood Clouds Smoke shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Hollywood Clouds Smoke the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Hollywood Clouds Smoke Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display of said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Hollywood Clouds Smoke sites and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Hollywood Clouds Smoke sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Hollywood Clouds Smoke sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Hollywood Clouds Smoke sites, the continuous, binding, and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publication, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Hollywood Clouds Smoke Sites are those such areas of our network properties which are meant to be available to the general public and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public and thus available to members only would include our mail system and instant messaging.
CONTRIBUTIONS TO THE COMPANY WEBSITE
Hollywood Clouds Smoke may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions, and/or proposals ("Contributions") to our site, you acknowledge and agree that:
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Your contributions do not contain any type of confidential or proprietary information.
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Hollywood Clouds Smoke shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.
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Hollywood Clouds Smoke shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit.
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The contributor's Contributions shall automatically become the sole property of Hollywood Clouds Smoke.
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Hollywood Clouds Smoke is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 7 – PLACING ORDERS FOR PRODUCTS
Our products are reserved and are to be used only by legally capable adults. We DO NOT allow nor encourage minors or teenagers to use our Service to gain access to our products.
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So by placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts and that you’ll be able to provide legal documentation at every of age verification checkpoint.
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Your Information
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment methods(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to the following:
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Products availability.
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Age verification not completed and/or rejected.
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Errors in the description or prices of Products.
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Errors in Your Order.
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
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Your Order Cancellation Rights
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You’ll have the right to cancel your order within the first 12 hours of placing the order.
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You’ll need to contact us through our formal communication channels to request the cancellation of your order.
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We are constantly striving to fulfill our Service as soon as possible by shipping the product the same day the order has been placed. The longer you take to request the cancellation, the higher the chance that your product is already shipped.
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We cannot and will not cancel orders once the product has been shipped.
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Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
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Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
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Payments
Payment can be made through our third-party payment gateway of choice (for example, Authorized.net), where You will be able to pay with Visa, MasterCard, Affinity Card, and American Express cards. All information is secure and encrypted through our payment gateway.
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Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order.
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Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
SECTION 8 - INDEMNITY
All users and/or members agree to insure and hold Hollywood Clouds Smoke, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Hollywood Clouds Smoke or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 9 - COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to Hollywood Clouds Smoke sites.
SECTION 10 - MODIFICATIONS
Hollywood Clouds Smoke reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Services or any part thereof.
SECTION 11 - TERMINATION
As a user of hollywoodclouds.com, you may request to have your order, orders, and account canceled or terminated by following our cancellation policy, your personal information, associated email address, and/or access to our Services by submitting a cancellation or termination request to:
As a user, you agree that Hollywood Clouds Smoke may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, order requests, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
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Any breach or violation of our Terms or any other incorporated agreement, regulation, and/or guideline.
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B way of requests from law enforcement or any other governmental agencies.
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The discontinuance, alteration, and/or material modification to our Services, or any part thereof.
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Unexpected technical or security issues and/or problems.
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Any extended periods of inactivity.
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Any engagement by you in any fraudulent or illegal activities.
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The nonpayment of any associated fees that may be owed by you in connection with your Hollywood Clouds Smoke Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account, order requests and/or access to any of our Services.
The termination of your account and order requests with Hollywood Clouds Smoke shall include any and/or all of the following:
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The removal of any access to all or part of the Services offered within Hollywood Clouds Smoke.
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The deletion of your personal information and any and all related information, files, and any such content that may be associated with or any part thereof.
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The barring of any further use of all or part of our Services.
SECTION 12 - LINKS
Either Hollywood Clouds Smoke or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Hollywood Clouds Smoke shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
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SECTION 13 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Hollywood Clouds Smoke Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Hollywood Clouds Smoke or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Hollywood Clouds Smoke (e.g., Content or Software), in whole or part.
Hollywood Clouds Smoke hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Hollywood Clouds Smoke for use in accessing our Services.
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SECTION 14 - WARRANTY DISCLAIMERS
You herein expressly acknowledge and agree that:
A) the use of Hollywood Clouds Smoke services and software is at your sole risk by you. Our services and software shall be provided on an "as is" and/or "as available" basis. Hollywood clouds smoke and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind, whether expressed or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
B) Hollywood Clouds Smoke and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that (i) Hollywood Clouds Smoke services or software will meet your requirements; (ii) Hollywood Clouds Smoke services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Hollywood Clouds Smoke services or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected.
C) any information or material downloaded or otherwise obtained by way of Hollywood Clouds Smoke services or software shall be accessed by your sole discretion and sole risk, and as such, you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
D) no advice and/or information, whether written or oral, that may be obtained by you from Hollywood Clouds Smoke or by way of or from our services or software shall create any warranty not expressly stated in the terms.
E) a small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
SECTION 15 - LIMITATION OF LIABILITY
You explicitly acknowledge, understand, and agree that Hollywood Clouds Smoke and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages might occur, and result from:
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The use or inability to use our service.
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The cost of procuring substitute goods and services.
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Unauthorized access to or the alteration of your transmissions and/or data.
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Statements or conduct of any such third party on our service.
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Any other matter which may be related to our service.
SECTION 16 - RELEASE
In the event you have a dispute, you agree to release Hollywood Clouds Smoke (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 17 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand, and agree that all of the Hollywood Clouds Smoke trademarks, copyright, trade name, service marks, and other Hollywood Clouds Smoke logos and any brand features and/or product and service names are trademarks and as such, are and shall remain the property of Hollywood Clouds Smoke. You herein agree not to display and/or use in any manner the Hollywood Clouds Smoke logo or marks without obtaining Hollywood Clouds Smoke's prior written consent.
Hollywood Clouds Smoke will always respect the intellectual property of others, and we ask that all of our users do the same. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest.
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon.
c) A description of the location of the site which you allege has been infringing upon your work.
d) Your physical address, telephone number, and email address.
e) A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law.
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner's behalf.
The Hollywood Clouds Smoke agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Hollywood Clouds Smoke
Attn: Copyright Agent
2507 Sheridan Street,
Hollywood, FL 33020 USA
Telephone: 954-305-6159
Email: support@hollywoodclouds.com
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SECTION 18 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Hollywood Clouds Smoke. It shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Hollywood Clouds Smoke Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Hollywood Clouds Smoke Services, affiliate Services, third-party content, or third-party software.
SECTION 19 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Hollywood Clouds Smoke with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Hollywood Clouds Smoke, shall be filed within the courts having jurisdiction within the Broward County, Hollywood, FL or the U.S. District Court located in said state. You and Hollywood Clouds Smoke agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.
SECTION 20 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Hollywood Clouds Smoke fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 30 years(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement to Hollywood Clouds Smoke as follows:
Hollywood Clouds Smoke
2507 Sheridan Street,
Hollywood, FL 33020 USA
Telephone: 954-305-6159
Email: support@hollywoodclouds.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas, or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
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SECTION 24 - FOREIGN ACCESS TO THE SITE
The Site is controlled, operated, and administered by Hollywood Clouds Smoke from our offices in the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Hollywood Clouds Smoke content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
SECTION 25 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 26 - NOTICE
Hollywood Clouds Smoke may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any, and all notices that would have been delivered had you accessed our Services in an authorized manner.
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Hollywood Clouds Smoke
2507 Sheridan Street,
Hollywood, FL 33020 USA
Telephone: 954-305-6159
Email: support@hollywoodclouds.com
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Last Updated: 4/9/2023
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