Terms of Use
Smart Tiki LLC does not guarantee or warrant any information, service or product provided or advertised on this or any other website. Smart Tiki LLC does not guarantee or warrant any information, service or product provided or advertised to you or received from Smart Tiki LLC or its officers, employees or agents via email, postal mail, instant message, fax, telegram, smoke-signals, morse code or any other form of communication not listed here know or unknown. USE THIS SITE AND THE ASSOCIATED INFORMATION, PRODUCTS, SERVICES AND WEBSITES OF Smart Tiki LLC AT YOUR OWN RISK.
1.Smart Tiki LLC reserves the right to modify the Terms of Use agreement at any time and without prior notice to its USERS. Furthermore Smart Tiki LLC reserves the right to add, change, delete or end services offered to its USERS or to terminate USERS use of SMARTTIKI.COM and products and services provided by Smart Tiki LLC and its associated websites at any time. SMARTTIKI.COM and its associated websites may be unavailable from time to time for maintenance or other reasons without notice. Smart Tiki LLC and it's staff shall not be held responsible for such unavailability's, changes, terminations, additions and / or deletions.
2.This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement represents the complete agreement and may amended only by a writing executed by Smart Tiki LLC. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
3.USERS of SMARTTIKI.COM and / or products and services provided by Smart Tiki LLC and its associated websites must be at least 18 years of age and be granted the right by their state to form legally binding contracts under applicable law. BY USING and / or REQUESTING ONE OR MORE OF THE PRODUCTS OR SERVICES PROVIDED BY SMARTTIKI.COM and / or Smart Tiki LLC OR ANY OF ITS ASSOCIATED WEBSITES, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT USE OR REQUEST PRODUCTS OR SERVICES FROM SMARTTIKI.COM and / or Smart Tiki LLC OR ANY OF ITS ASSOCIATED WEBSITES.
4.USE THIS SITE AND THE PRODUCTS, SERVICES AND LINKS FOUND WITHIN WHICH ARE OFFERED BY SMARTTIKI.COM, Smart Tiki LLC and its associated websites OR THOSE WHICH HAVE BEEN LISTED BY A THIRD PARTY AT YOUR OWN RISK.
5. IT IS IMPORTANT THAT YOU USE CAUTION THROUGHOUT YOUR DEALINGS WITH PEOPLE OR BUSINESSES ON THIS SITE. There are risks which You the USER assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You.
6. SMARTTIKI.COM and / or Smart Tiki LLC and its associated websites unless otherwise stated is not involved in any third party transactions between any party who uses SMARTTIKI.COM and / or Smart Tiki LLC and its associated websites as an advertising or promotional venue. SMARTTIKI.COM, Smart Tiki LLC and its associated websites does not screen or control the listings, links, postings or advertisements offered to or by other USERS.
7. SMARTTIKI.COM, Smart Tiki LLC or any of Smart Tiki LLC associated websites cannot and does not control the behavior, actions or claims of the participants on this site or any other site.
8. SMARTTIKI.COM, Smart Tiki LLC or any of Smart Tiki LLC associated websites does not assume responsibility for the behavior, actions or claims of the participants on this site or any other site or for the content or context of the material found within this site or any other site. Smart Tiki LLC reserves the right to remove, edit, delete or modify any postings or links once they are entered into SMARTTIKI.COM or any of Smart Tiki LLC associated websites.
9. SMARTTIKI.COM, Smart Tiki LLC or any of Smart Tiki LLC associated websites does not screen or control USERS of its sites or services.
10.In the event that You have a dispute with one or more USERS, You hereby release Smart Tiki LLC and its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
11.If there is a dispute between participants on this site Smart Tiki LLC is under no obligation to become involved.
12.By using SMARTTIKI.COM and / or products and services provided by Smart Tiki LLC and / or its associated websites you acknowledge that this Term of Use agreement supersede and nullifies any and all laws, statutes, ordinances or regulations, rulings, findings, civil codes or protection acts by local, state or federal agencies or any other organization which may offer you additional rights or nullify this agreement or any portion here in. Further more you waive any rights that you may have with regard to those laws, statutes, ordinances or regulations, rulings, findings, civil codes or protection acts.
13.SMARTTIKI.COM and / or products and services provided by Smart Tiki LLC and / or its associated websites may be used only for lawful purposes.
14.Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate transactions with other USERS.
15.Smart Tiki LLC prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually content advertisements or other Adult type material or material that would be illegal in any jurisdiction or material intended to harass others or disclose personal or private information about others. You agree to comply with all requirements, legal or other. You agree not to present misleading offers or be involved in bait and switch practices of products or services. You agree not to place advertisements in incorrect categories.
16.You agree not to produce duplicate listings within SMARTTIKI.COM or any of Smart Tiki LLC and its associated websites, products or services.
17.You agree not to use SMARTTIKI.COM or the products and services provided by Smart Tiki LLC and its associated websites for the advertising, sale or distribution of drugs or other controlled substances, firearms or other weapons, adult gifts or services or products, escort services, 900 phone service or any other type of phone service that is related to relationships or sex or dating or horoscopes or psychic readings or other pay to use phone services, get rich quick or make money from home schemes or any fraudulent offers. You further waive Your right to any damages (from any party) related to such exposure of prohibited content.
18. Smart Tiki LLC and its associated websites prohibits the listing of the following for any reason, including but not limited to any item that is illegal under any applicable law, statute, ordinance or regulation including the following: Horoscopes, Psychic Reading, Dating Services Adult Gifts or Services or Products, Escort Services Phone Services such as Chat, Horoscopes, Psychic Reading, Dating Services Guns, Weapons, Ammo, Self Defense Products Any and all DRUGS or products that may contain them. Personal or Private Information About Others, Material Intended To Harass, Adult Type Material, Profane or Sexually Content, Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants) Alcoholic Beverages. Cigarettes or any other tobacco products, Pharmaceuticals or any other controlled substance, Dangerous, counterfeit or stolen goods, Non-existing Goods, Any good that infringes or violates anyone's rights, Any item which is found at the sole discretion of Smart Tiki LLC to be inflammatory, offensive or otherwise inconsistent with the standards of business ethics of Smart Tiki LLC. Any messages, data, or images that might be considered by Smart Tiki LLC to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
19. Smart Tiki LLC strictly prohibits the use of its products, services and associated websites for the purpose of or promotion of SPAM, Junk Mail, phishing, hacking or any other such related activities.
20. YOU MAY NOT SELL OR RESALE ANY PORTION OF SMARTTIKI.COM and / or Smart Tiki LLC OR ANY OF ITS PRODUCTS OR SERVICES OR ITS ASSOCIATED WEBSITES OR MAKE ANY UNAUTHORIZED USE OF SMARTTIKI.COM and / or Smart Tiki LLC OR ITS ASSOCIATED WEBSITES. SMARTTIKI.COM and / or Smart Tiki LLC IS INTENDED FOR NON-COMMERCIAL VIEWING ONLY. You may not permit other individuals to use your SMARTTIKI.COM account or service or any other product or service or account provided to you by Smart Tiki LLC or any of its associated websites, products or services. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on this product, service, account or website. You may not rent, lease, grant a security interest in, or otherwise transfer rights of this product, service, account or website. You may not remove any proprietary notices or labels on this product, service, account or website or any portion of SMARTTIKI.COM and / or Smart Tiki LLC or its associated websites, products or services.
21.If Smart Tiki LLC finds that any violation of the Terms of Use has occurred, Smart Tiki LLC reserves to right to pursue any legal remedies available. Furthermore Smart Tiki LLC reserves the right but not limited to the following actions that may include the deletion of items found in violate of the Terms of Use, cancellation of Your service, account and/or advertisement.
22.Smart Tiki LLC reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason without notice furthermore Smart Tiki LLC reserves the right to take any further action thought to be necessary.
23.USERS understand and agree that they are responsible for all applicable taxes and for all costs which they may incur while using SMARTTIKI.COM or any of Smart Tiki LLC associated websites, products or services. Smart Tiki LLC reserves the right to add or delete services as well as modify or add cost for services associated with SMARTTIKI.COM or any of Smart Tiki LLC associated websites, products or services. If a change in cost of SMARTTIKI.COM or any of Smart Tiki LLC associated websites, products or services does occur USERS will be notified in advance by email to the email address that was given to SMARTTIKI.COM and / or Smart Tiki LLC. Smart Tiki LLC shall not be responsible for the notification of changes, modifications or rate changes made by a third party.
24. The entire risk as to the quality and performance of SMARTTIKI.COM and the products, services and associated websites of Smart Tiki LLC is borne by you. Should any products, services or associated website of Smart Tiki LLC prove defective, you and not Smart Tiki LLC assume the entire cost of any service and repair. In addition, the security mechanisms, if any, implemented by SMARTTIKI.COM and / or Smart Tiki LLC have inherent limitations, and you must determine that the service sufficiently meets your requirements. YOU AGREE THAT USE OF THE SMARTTIKI.COM and the products, services and associated websites of Smart Tiki LLC IS AT USERS SOLE RISK. SMARTTIKI.COM and the products, services and associated websites of Smart Tiki LLC IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. Smart Tiki LLC 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 AND NON-INFRINGEMENT.
25. Smart Tiki LLC MAKES NO WARRANTY THAT SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC WILL MEET USER'S REQUIREMENTS, THAT SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Smart Tiki LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC .
26. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC IS DONE AT USERS OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
27. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Smart Tiki LLC ITS OFFICERS, EMPLOYEES OR AGENTS OR THROUGH SMARTTIKI.COM OR Smart Tiki LLC ASSOCIATED WEBSITES, PRODUCTS OR SERVICES SHALL CONSTITUTE ADVICE NOR SHALL SUCH INFORMATION CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
28.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Smart Tiki LLC NOR ITS OFFICERS, EMPLOYEES OR AGENTS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. USER AGREES THAT NEITHER Smart Tiki LLC NOR ITS OFFICERS, EMPLOYEES OR AGENTS OR ITS SUPPLIERS OR RESELLERS OR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Smart Tiki LLC OR ITS OFFICERS, EMPLOYEES OR AGENTS OR ITS SUPPLIERS OR RESELLERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT Smart Tiki LLC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR UNINTENTIONAL OR ACCIDENTAL. USER AGREES THAT Smart Tiki LLC NOR ITS OFFICERS, EMPLOYEES OR AGENTS OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY. In no event shall Smart Tiki LLC total liability to You for all damages, losses, and causes of action exceed the amount paid by You to Smart Tiki LLC, if any, that is related to the cause of action. The services and products are not fault-tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the product or service could lead directly to death, personal injury, or severe physical or environmental damage. Smart Tiki LLC and its suppliers specifically disclaim any expressed or implied warranty of fitness for such activities as listed above or any other activities.
29.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
30.You grant Smart Tiki LLC irrevocable, royalty-free, global, right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or information displayed in Your listings. You shall take all reasonable efforts to insure that all information within your listing is accurate and complete and not misleading in any way.
31.You grant Smart Tiki LLC the right to sell, trade or sub license any and all information or material that You submit to SMARTTIKI.COM, Smart Tiki LLC or any of Smart Tiki LLC associated websites, , products or services with the exception of credit card numbers, checking account numbers or other banking information. All data which is submitted shall be deemed to be the property of Smart Tiki LLC.
32. You agree not to make use of anyone else's Information other than as necessary to participate in SMARTTIKI.COM and / or any of Smart Tiki LLC associated websites, products or services.
33. Smart Tiki LLC is separate and apart from the USERS of SMARTTIKI.COM and the associated products, services and websites of Smart Tiki LLC and shall not be held liable or responsible for the actions of the USERS or the materials which USERS submit to SMARTTIKI.COM and the associated products, services and websites of Smart Tiki LLC.
34.These Terms of Use and the relationship between USER and SMARTTIKI.COM, Smart Tiki LLC and the associated products, services and websites of Smart Tiki LLC shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. This Agreement represents the complete agreement concerning this Term of Use and may amended only by a writing executed by Smart Tiki LLC. If any provision of this Agreement is held to be unenforceable, only such provision shall be reformed only to the extent necessary to make it enforceable. USER and Smart Tiki LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware.
35.The failure of Smart Tiki LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court within the state of Delaware to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect.
36.Title, ownership rights, copyrights, and intellectual property rights of any product or service provided or created or works created by service provided by Smart Tiki LLC or its officers, employees or agents shall remain that of Smart Tiki LLC. Furthermore the products, services, works created and websites associated with Smart Tiki LLC are protected by copyright laws and treaties.
36.The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
"USER" or "USERS" is defined as any person or persons or business accessing, viewing or utilizing any portion of this website or any of the associated websites of Smart Tiki LLC or aninformation provided or advertised by Smart Tiki LLC or its officers, employees or agents as well as any person or persons or business accessing, viewing or utilizing any server, webpage, website, web service or link found at SMARTTIKI.COM or any of Smart Tiki LLC associated websites and servers or any person or persons or business purchasing, renting or leasing any product or service offered at SMARTTIKI.COM or by Smart Tiki LLC or any of its associated websites.
1.Smart Tiki LLC reserves the right to modify the Terms of Use agreement at any time and without prior notice to its USERS. Furthermore Smart Tiki LLC reserves the right to add, change, delete or end services offered to its USERS or to terminate USERS use of SMARTTIKI.COM and products and services provided by Smart Tiki LLC and its associated websites at any time. SMARTTIKI.COM and its associated websites may be unavailable from time to time for maintenance or other reasons without notice. Smart Tiki LLC and it's staff shall not be held responsible for such unavailability's, changes, terminations, additions and / or deletions.
2.This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement represents the complete agreement and may amended only by a writing executed by Smart Tiki LLC. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
3.USERS of SMARTTIKI.COM and / or products and services provided by Smart Tiki LLC and its associated websites must be at least 18 years of age and be granted the right by their state to form legally binding contracts under applicable law. BY USING and / or REQUESTING ONE OR MORE OF THE PRODUCTS OR SERVICES PROVIDED BY SMARTTIKI.COM and / or Smart Tiki LLC OR ANY OF ITS ASSOCIATED WEBSITES, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT USE OR REQUEST PRODUCTS OR SERVICES FROM SMARTTIKI.COM and / or Smart Tiki LLC OR ANY OF ITS ASSOCIATED WEBSITES.
4.USE THIS SITE AND THE PRODUCTS, SERVICES AND LINKS FOUND WITHIN WHICH ARE OFFERED BY SMARTTIKI.COM, Smart Tiki LLC and its associated websites OR THOSE WHICH HAVE BEEN LISTED BY A THIRD PARTY AT YOUR OWN RISK.
5. IT IS IMPORTANT THAT YOU USE CAUTION THROUGHOUT YOUR DEALINGS WITH PEOPLE OR BUSINESSES ON THIS SITE. There are risks which You the USER assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You.
6. SMARTTIKI.COM and / or Smart Tiki LLC and its associated websites unless otherwise stated is not involved in any third party transactions between any party who uses SMARTTIKI.COM and / or Smart Tiki LLC and its associated websites as an advertising or promotional venue. SMARTTIKI.COM, Smart Tiki LLC and its associated websites does not screen or control the listings, links, postings or advertisements offered to or by other USERS.
7. SMARTTIKI.COM, Smart Tiki LLC or any of Smart Tiki LLC associated websites cannot and does not control the behavior, actions or claims of the participants on this site or any other site.
8. SMARTTIKI.COM, Smart Tiki LLC or any of Smart Tiki LLC associated websites does not assume responsibility for the behavior, actions or claims of the participants on this site or any other site or for the content or context of the material found within this site or any other site. Smart Tiki LLC reserves the right to remove, edit, delete or modify any postings or links once they are entered into SMARTTIKI.COM or any of Smart Tiki LLC associated websites.
9. SMARTTIKI.COM, Smart Tiki LLC or any of Smart Tiki LLC associated websites does not screen or control USERS of its sites or services.
10.In the event that You have a dispute with one or more USERS, You hereby release Smart Tiki LLC and its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
11.If there is a dispute between participants on this site Smart Tiki LLC is under no obligation to become involved.
12.By using SMARTTIKI.COM and / or products and services provided by Smart Tiki LLC and / or its associated websites you acknowledge that this Term of Use agreement supersede and nullifies any and all laws, statutes, ordinances or regulations, rulings, findings, civil codes or protection acts by local, state or federal agencies or any other organization which may offer you additional rights or nullify this agreement or any portion here in. Further more you waive any rights that you may have with regard to those laws, statutes, ordinances or regulations, rulings, findings, civil codes or protection acts.
13.SMARTTIKI.COM and / or products and services provided by Smart Tiki LLC and / or its associated websites may be used only for lawful purposes.
14.Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate transactions with other USERS.
15.Smart Tiki LLC prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually content advertisements or other Adult type material or material that would be illegal in any jurisdiction or material intended to harass others or disclose personal or private information about others. You agree to comply with all requirements, legal or other. You agree not to present misleading offers or be involved in bait and switch practices of products or services. You agree not to place advertisements in incorrect categories.
16.You agree not to produce duplicate listings within SMARTTIKI.COM or any of Smart Tiki LLC and its associated websites, products or services.
17.You agree not to use SMARTTIKI.COM or the products and services provided by Smart Tiki LLC and its associated websites for the advertising, sale or distribution of drugs or other controlled substances, firearms or other weapons, adult gifts or services or products, escort services, 900 phone service or any other type of phone service that is related to relationships or sex or dating or horoscopes or psychic readings or other pay to use phone services, get rich quick or make money from home schemes or any fraudulent offers. You further waive Your right to any damages (from any party) related to such exposure of prohibited content.
18. Smart Tiki LLC and its associated websites prohibits the listing of the following for any reason, including but not limited to any item that is illegal under any applicable law, statute, ordinance or regulation including the following: Horoscopes, Psychic Reading, Dating Services Adult Gifts or Services or Products, Escort Services Phone Services such as Chat, Horoscopes, Psychic Reading, Dating Services Guns, Weapons, Ammo, Self Defense Products Any and all DRUGS or products that may contain them. Personal or Private Information About Others, Material Intended To Harass, Adult Type Material, Profane or Sexually Content, Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants) Alcoholic Beverages. Cigarettes or any other tobacco products, Pharmaceuticals or any other controlled substance, Dangerous, counterfeit or stolen goods, Non-existing Goods, Any good that infringes or violates anyone's rights, Any item which is found at the sole discretion of Smart Tiki LLC to be inflammatory, offensive or otherwise inconsistent with the standards of business ethics of Smart Tiki LLC. Any messages, data, or images that might be considered by Smart Tiki LLC to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
19. Smart Tiki LLC strictly prohibits the use of its products, services and associated websites for the purpose of or promotion of SPAM, Junk Mail, phishing, hacking or any other such related activities.
20. YOU MAY NOT SELL OR RESALE ANY PORTION OF SMARTTIKI.COM and / or Smart Tiki LLC OR ANY OF ITS PRODUCTS OR SERVICES OR ITS ASSOCIATED WEBSITES OR MAKE ANY UNAUTHORIZED USE OF SMARTTIKI.COM and / or Smart Tiki LLC OR ITS ASSOCIATED WEBSITES. SMARTTIKI.COM and / or Smart Tiki LLC IS INTENDED FOR NON-COMMERCIAL VIEWING ONLY. You may not permit other individuals to use your SMARTTIKI.COM account or service or any other product or service or account provided to you by Smart Tiki LLC or any of its associated websites, products or services. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on this product, service, account or website. You may not rent, lease, grant a security interest in, or otherwise transfer rights of this product, service, account or website. You may not remove any proprietary notices or labels on this product, service, account or website or any portion of SMARTTIKI.COM and / or Smart Tiki LLC or its associated websites, products or services.
21.If Smart Tiki LLC finds that any violation of the Terms of Use has occurred, Smart Tiki LLC reserves to right to pursue any legal remedies available. Furthermore Smart Tiki LLC reserves the right but not limited to the following actions that may include the deletion of items found in violate of the Terms of Use, cancellation of Your service, account and/or advertisement.
22.Smart Tiki LLC reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason without notice furthermore Smart Tiki LLC reserves the right to take any further action thought to be necessary.
23.USERS understand and agree that they are responsible for all applicable taxes and for all costs which they may incur while using SMARTTIKI.COM or any of Smart Tiki LLC associated websites, products or services. Smart Tiki LLC reserves the right to add or delete services as well as modify or add cost for services associated with SMARTTIKI.COM or any of Smart Tiki LLC associated websites, products or services. If a change in cost of SMARTTIKI.COM or any of Smart Tiki LLC associated websites, products or services does occur USERS will be notified in advance by email to the email address that was given to SMARTTIKI.COM and / or Smart Tiki LLC. Smart Tiki LLC shall not be responsible for the notification of changes, modifications or rate changes made by a third party.
24. The entire risk as to the quality and performance of SMARTTIKI.COM and the products, services and associated websites of Smart Tiki LLC is borne by you. Should any products, services or associated website of Smart Tiki LLC prove defective, you and not Smart Tiki LLC assume the entire cost of any service and repair. In addition, the security mechanisms, if any, implemented by SMARTTIKI.COM and / or Smart Tiki LLC have inherent limitations, and you must determine that the service sufficiently meets your requirements. YOU AGREE THAT USE OF THE SMARTTIKI.COM and the products, services and associated websites of Smart Tiki LLC IS AT USERS SOLE RISK. SMARTTIKI.COM and the products, services and associated websites of Smart Tiki LLC IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. Smart Tiki LLC 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 AND NON-INFRINGEMENT.
25. Smart Tiki LLC MAKES NO WARRANTY THAT SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC WILL MEET USER'S REQUIREMENTS, THAT SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Smart Tiki LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC .
26. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH SMARTTIKI.COM and / or the products, services and associated websites of Smart Tiki LLC IS DONE AT USERS OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
27. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Smart Tiki LLC ITS OFFICERS, EMPLOYEES OR AGENTS OR THROUGH SMARTTIKI.COM OR Smart Tiki LLC ASSOCIATED WEBSITES, PRODUCTS OR SERVICES SHALL CONSTITUTE ADVICE NOR SHALL SUCH INFORMATION CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
28.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Smart Tiki LLC NOR ITS OFFICERS, EMPLOYEES OR AGENTS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. USER AGREES THAT NEITHER Smart Tiki LLC NOR ITS OFFICERS, EMPLOYEES OR AGENTS OR ITS SUPPLIERS OR RESELLERS OR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Smart Tiki LLC OR ITS OFFICERS, EMPLOYEES OR AGENTS OR ITS SUPPLIERS OR RESELLERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT Smart Tiki LLC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR UNINTENTIONAL OR ACCIDENTAL. USER AGREES THAT Smart Tiki LLC NOR ITS OFFICERS, EMPLOYEES OR AGENTS OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY. In no event shall Smart Tiki LLC total liability to You for all damages, losses, and causes of action exceed the amount paid by You to Smart Tiki LLC, if any, that is related to the cause of action. The services and products are not fault-tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the product or service could lead directly to death, personal injury, or severe physical or environmental damage. Smart Tiki LLC and its suppliers specifically disclaim any expressed or implied warranty of fitness for such activities as listed above or any other activities.
29.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
30.You grant Smart Tiki LLC irrevocable, royalty-free, global, right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or information displayed in Your listings. You shall take all reasonable efforts to insure that all information within your listing is accurate and complete and not misleading in any way.
31.You grant Smart Tiki LLC the right to sell, trade or sub license any and all information or material that You submit to SMARTTIKI.COM, Smart Tiki LLC or any of Smart Tiki LLC associated websites, , products or services with the exception of credit card numbers, checking account numbers or other banking information. All data which is submitted shall be deemed to be the property of Smart Tiki LLC.
32. You agree not to make use of anyone else's Information other than as necessary to participate in SMARTTIKI.COM and / or any of Smart Tiki LLC associated websites, products or services.
33. Smart Tiki LLC is separate and apart from the USERS of SMARTTIKI.COM and the associated products, services and websites of Smart Tiki LLC and shall not be held liable or responsible for the actions of the USERS or the materials which USERS submit to SMARTTIKI.COM and the associated products, services and websites of Smart Tiki LLC.
34.These Terms of Use and the relationship between USER and SMARTTIKI.COM, Smart Tiki LLC and the associated products, services and websites of Smart Tiki LLC shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. This Agreement represents the complete agreement concerning this Term of Use and may amended only by a writing executed by Smart Tiki LLC. If any provision of this Agreement is held to be unenforceable, only such provision shall be reformed only to the extent necessary to make it enforceable. USER and Smart Tiki LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware.
35.The failure of Smart Tiki LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court within the state of Delaware to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect.
36.Title, ownership rights, copyrights, and intellectual property rights of any product or service provided or created or works created by service provided by Smart Tiki LLC or its officers, employees or agents shall remain that of Smart Tiki LLC. Furthermore the products, services, works created and websites associated with Smart Tiki LLC are protected by copyright laws and treaties.
36.The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
"USER" or "USERS" is defined as any person or persons or business accessing, viewing or utilizing any portion of this website or any of the associated websites of Smart Tiki LLC or aninformation provided or advertised by Smart Tiki LLC or its officers, employees or agents as well as any person or persons or business accessing, viewing or utilizing any server, webpage, website, web service or link found at SMARTTIKI.COM or any of Smart Tiki LLC associated websites and servers or any person or persons or business purchasing, renting or leasing any product or service offered at SMARTTIKI.COM or by Smart Tiki LLC or any of its associated websites.
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