Terms of Use for SmokeRings™ Facebook Application and Web Service

This document is the Terms of Use for the SmokeRings™ Facebook Application and Web Service (“SmokeRings” or “service”), owned and operated by SmokeRings (“SmokeRings”). It governs your use of SmokeRings through the mobile application (“app”), Facebook application and internet application (www.smokerings.me/App).

By accessing, using, downloading or installing our app/service, or by accessing our website you agree to be bound by These Terms of Use and by our Privacy Policy.

By downloading, installing or using our app and/or service, you warrant and represent that you are at least 18 years old and understand the Terms of Use and the Privacy Policy, and that you have made sure that your use of the app and/or service is not prohibited in any way, shape or form.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS APP AND SERVICE IN ANY WAY. YOU MAY NOT USE THIS APP AND/OR SERVICE WHERE SUCH USE IS PROHIBITED.

ABOUT THE APP AND SERVICE

The SmokeRings app and service are intended for people of legal age, at least 18 years old, who are already smokers. IF YOU ARE NOT A SMOKER, DO NOT START. SMOKING IS BAD FOR YOUR HEALTH. Seriously, please don't start smoking.

THIS APP AND SERVICE ARE INTENDED FOR PERSONAL AND NON-COMMERCIAL USE. ANY OTHER USE IS STRICTLY PROHIBITED.

This app is intended for those who are already smokers. Smokers take breaks through out a day to smoke whatever they are legally smoking, whether it is pipe, cigarette or cigar. In many countries around the world, smoking is limited to designated areas. This app is intended to help you find other smokers in your vicinity who might join you for a quick break, and thus have a co-ordinated break where you are not alone.

YOUR PRIVACY

Please note that your use of the app, service and/or website is also governed by our Privacy Policy, which is a separate document. You can read it online at the following URL: www.smokerings.me/?page=Privacy (“Privacy Policy”).

SmokeRings respects the privacy of its users. Our Privacy Policy describes what information we collect, how we might use that information, with whom we might share it and when, and more. Please read it carefully.

Note that SmokeRings is not responsible for any use of information by any third party, people or companies, their apps, products or services. Any link that might appear inside the application and/or the website leading to another website or to a different app will not be governed by this policy. You are encouraged to check and inquire as to the details of the terms in affect at those locations. This is true for both links provided by SmokeRings, by advertisers, by you to other users or by other users to you.

USE OF SERVICE

By downloading, installing, accessing or using the app/service, you agree to be bound by the following restrictions:

You will not use the app/service where it is illegal to do so;
You will not use the app/service in a way that is illegal to do so;
You will not use this app/service if you are under the age of 18;
You are responsible to keep your account and to prevent others from using it;
You will not disclose any information that is hurtful, demeaning, threatening, sexually explicit, abusive, unwanted, obscene or otherwise illegal;
You will not promote in any way the use of illegal substances;
You will not use any information from the app/service for any commercial purpose;
You will not collect in an automated form or any other form information from the app/service;
You will not harm, hamper, disrupt the proper working order of the app/service or its website;
You will not try to reverse-engineer the app/service or its website;

LICENSE LIMITATIONS

TERM AND TERMINATION

The app and service are provided AS IS. SmokeRings retains the right to discontinue the app and/or service at any point without prior notice.

Smokerings reserves the right to terminate any account for any reason, immediately and without prior notice. Termination may occur for any reason, including but not limited to, wrongful information, misuse of the app/service, harassment of other users, failure to abide by the Terms and Conditions or by the Privacy Policy, and more.

INTELLECTUAL PROPERTY

Unless where otherwise stated, any and all Intellectual Property rights are reserved to SmokeRings. This includes all content, such as text, graphics, logos, signs, names, audio clips, movies, animations, code, compiled code and any part thereof.

SmokeRings uses several Trademarks, including but not limiting to SmokeRings™ and others. You are prohibited from using the SmokeRing trademarks and its copyrighted materials, unless you obtain a prior written license from SmokeRings.

USER CONTENT

During the use of the app and/or service you will be uploading your geo-location and other information.

By providing the app and/or service with any information, you grant SmokeRings a unique and irrevocable worldwide license to use that information. For a more detailed description on how we might use your information, see our Privacy Policy.

GEO-LOCATION

Your phone and/or computer (“device”) might send out information regarding your current whereabouts. Our app and service rely on your updated geographical location (“geolocation”) to provide you with the service. Your device might allow you to turn the geolocation data off, however please note that doing so will prevent us from providing you with the service.

Your geolocation might be saved in order to provide you with a better service, allow you to access your history of geolocations, and provide you with additional features.

For more information, see our Privacy Policy.

ADVERTISERS AND THIRD PARTIES SERVICES

SmokeRings uses third party services to provide some of the functionality of the service, including but not limited to the display of ads. Such third parties might collect information in order to provide their service.

The app and/or service might contain ads that link to third-party sites. You hereby warrant and represent that you acknowledge that any pressing/clicking on any of these links, or links from any other source leading to third-party sites are at your sole discretion and responsibility.

PASSWORD AND SECURITY

SmokeRings allows you to connect to the service by using your Facebook account credentials. It is the responsibility of every user to protect their password and not share their account with another, and to abide by Facebook's Terms of Service and Privacy Policy.

For more information on how to keep your Facebook account and passwords safe, please review the user documentation provided by Facebook on Facebook.com.

Please note that while we take reasonable measures to ensure your information remains safe, there are forces beyond our control who might do everything in their power to override defense mechanisms and attack, in order to steal data and/or create damage.

In an event an unauthorized access which would result in the loss of data or in the theft of data, you agree to hold SmokeRings harmless from and against any claim, loss, damage, injury, liability, cost or expense (including but not limited to attorney fees) arising from your access and use of the app and/or service.

GOVERNING LAW

The governing Law shall be the Law of the State of Israel. Sole jurisdiction is hereby given to the appropriate courts of Tel Aviv District, Israel ,and them alone.

If a dispute arises between you and SmokeRings, you are advised to first contact us directly. The contact details can be found at the end of these Terms of Use, as well as at the end of the Privacy Policy.

Any dispute that is not settled shall be taken to the appropriate court of the Tel Aviv district, Israel, and decided upon by the Israeli Law and it alone.

INTERNATIONAL OPERATION

The global characteristic of the internet allows users from across the globe consume the same content at the same time. Content such as apps also travel far and wide and ignore geographical borders.

That is why it is the users responsibility to make sure BEFORE you download and use this app and or service that it is legal for you to do so in your current whereabouts. Even if you are only visiting a country, please note that it is your responsibility to make sure that you are not breaking any laws, ordinances, regulations or statues, or any other limitations that might prohibit the use of this app and/or service.

LINKS TO THIRD PARTIES

While using the app and/or service, you may come across links to third-party sites. These might be from ads, from other users or from any other source. These links are not controlled by SmokeRings in any way, and have no connection to SmokeRings. We are also not responsible for their Terms of Service or Privacy Policy nor their conduct. Links provided by third-parties are not indorsed by SmokeRings in any way.

If you choose to press on any of them, it is by your own choosing and you are solely responsible anything that might occur after your clicking.

USER CONDUCT

You hereby warrant and represent that you will not intentionally damage our service or any part thereof, and you will not take part in any such undertaking in any way shape or form. This includes routing traffic, DoS, DDoS, or any attack on our service or company.

NOTE THAT THIS APP AND SERVICE ARE INTENDED FOR PERSONAL AND NON-COMMERCIAL USE. ANY OTHER USE IS STRICTLY PROHIBITED. SUCH PROHIBITED USE INCLUDES ANY USE OF AUTOMATED MECHANISMS AND PROCEEDURES AND PROGRAMS IN CONNECTION WITH THE APP AND/OR SERVICE.

FORCE MAJEURE

SmokeRings shall not be held liable in an event of Force Majeure for any reason, including but not limited to delay in the service, failure to provide the service. Such unforeseen circumstances may impair the users' ability to make use of the service, and might be beyond SmokeRings' control.

REVIEW/CORRECTION OF YOUR DATA

If you would like to review and/or correct the data relating to you specifically, you can write to us to the email or address below. Your request will be responded to in due time. Please note that at times of large amounts of such requests coming in, delays can and should be expected.

CHANGES TO THESE TERMS OF USE

SmokeRings reserves the right to change, audit and revision these Terms of Use without prior notice. Its most up-to-date version is the applicable one at any point in time. The Terms of Use shall be available at the following URL: www.smokerings.me/?page=Terms

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You agree to hold SmokeRings harmless from and against any claim, loss, damage, injury, liability, cost or expense (including but not limited to attorney fees) arising from your access and use of the app and/or service.

SMOKERINGS HEREBY DISCLAIMS ANY AND ALL WARANTIES, WHETHER EXPRESSED OR IMPLIED, FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. YOU USE THE APP AND/OR SERVICE COMPLETELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, SMOKERINGS CANNOT AND WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES YOU MAY SUFFER, FINANCIAL OR OTHERWISE.

SMOKERINGS AND ITS PARTNERS AND LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM YOUR USE OF THE APP AND/OR SERVICE OR FROM YOUR INABLITY TO ACCESS THEM FOR WHATEVER REASON.

SMOKERINGS AND ITS PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, WHETHER INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL.

SEVERABILITY

IN THE EVENT THAT ANY PART OF THESE TERMS OF USE AND OR THE PRIVACY POLICY CANNOT APPLY IN YOUR CURRENT JURISDICTION, THE REMAINDER OF THE TERMS OF USE AND PRIVACY POLICY SHALL REMAIN INTACT AND BINDING.

CONTACT INFORMATION

You can contact us by email through the following address: contact@smokerings.me

Or by sending us mail to:

SmokeRings
P.O Box 9247
Tel Aviv
61092
Israel

LAST UPDATE

This document was last updated on December 24th, 2012