Welcome to Smoking Chimney ("we," "our," "us"). These Terms of Service ("Terms") govern your use of our website located at smokingchimney.com (the "Site") and any related services provided by Smoking Chimney. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Site.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Site and its original content, features, and functionality are and will remain the exclusive property of Smoking Chimney and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Smoking Chimney.
Our Site may contain links to third-party websites or services that are not owned or controlled by Smoking Chimney. Smoking Chimney has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Smoking Chimney shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Our Site may use Google Ads and other third-party advertising services to display advertisements to visitors. These services may utilize cookies and other tracking technologies to collect information about user activity on our Site and other websites to provide targeted advertising based on browsing history and interests.
By using our Site, you consent to the collection and use of information by Google Ads and other third-party advertisers as described in their respective privacy policies. You can learn more about how Google uses data when you use our Site by visiting Google's Privacy and Terms site at https://policies.google.com/technologies/partner-sites.
If you wish to opt-out of personalized advertising, you can do so by visiting the Google Ads Settings page or by using industry-wide opt-out tools such as the Digital Advertising Alliance's DAA WebChoices Tool at https://optout.aboutads.info/ or the Network Advertising Initiative's Opt-Out Tool at https://optout.networkadvertising.org/.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Site. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify, and hold harmless Smoking Chimney and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, or b) a breach of these Terms.
In no event shall Smoking Chimney, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Smoking Chimney, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
If you have any questions about these Terms, please contact us at:
Smoking Chimney
Email: marna@smokingchimney.com
Address: 29 Doris Drive, Wellington, Western Cape, 7655, South Africa.