This Silly Smoker application (the “App”) is made available by Silly Smoker LLC, a limited-liability company (LLC) registered in Bala Cynwyd, Pennsylvania and with registered address 1 Union Ave #28, Bala Cynwyd, PA 19004 (“Silly Smoker”, “us”, “we” or “our”).
App and Related Terms
Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
Use of the App
You must be at least 13 years of age to use the App.
Silly Smoker hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Silly Smoker.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
The Silly Smoker name and logo, and other Silly Smoker Trust trademarks, service marks, graphics and logos used in connection with the App are trademarks of Silly Smoker (collectively “Silly Smoker Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Silly Smoker Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Silly Smoker or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Silly Smoker and its licensors.
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right or trade mark of any other person;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- is likely to disrupt our service in any way; or
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree to indemnify Silly Smoker for any breach of these App Terms. Silly Smoker reserves the right to control the defense and settlement of any third party claim for which you indemnify Silly Smoker under these App Terms and you will assist us in exercising such rights.
Silly Smoker provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Silly Smoker does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.
To the fullest extent permitted by applicable law, Silly Smoker hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
Exclusion of Silly Smoker’s Liability
Nothing in these App Terms shall exclude or in any way limit Silly Smoker’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall Silly Smoker be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
Silly Smoker shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Silly Smoker’s liability arising under or in connection with these App Terms and your use of the App exceed US $2.
These App Terms shall be governed by the laws of Pennsylvania, USA and the parties submit to the exclusive jurisdiction of the courts of Pennsylvania to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you have any questions regarding our App, you can email us firstname.lastname@example.org.