IF YOU ARE UNDER THE AGE OF 21, PLEASE EXIT THIS WEBSITE.
Legal Terms & Conditions of Use
IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE.
YOU MUST BE AT LEAST 21 YEARS OR OLDER TO ORDER OR PURCHASE FROM Smokeopedia.com
WE PROSECUTE AGAINST ALL CREDIT CARD FRAUD
OVERVIEW
Your use of this site and the information available on this site is subject to the following terms and conditions:
Smokeopedia operates this website. Throughout the site, the terms “we”, “us”, and “our” refer to Smokeopedia. Smokeopedia offers this website, 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 or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all site users, including, without limitation, browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 1 – ONLINE STORE TERMS
Our glass art products are collectible traditionally and solely intended for tobacco use or concentrated essential oils by legal adults. You must be 18 (21 in some areas) to purchase anything from this website. You are responsible for knowing your state and local laws regarding possessing and using tobacco pipes and accessories. By entering this site, you acknowledge and agree that smokeopedia.com has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site. Furthermore, you release and discharge all involved in the production and maintenance of this website from all liabilities. Your linking to other off-site pages or sites is at your own risk.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
This site is available only for your personal, non-commercial use. You may not copy, reproduce, republish, post, distribute, transmit, or modify in any way any part of this site.
All names, logos, and trademarks are the property of Smokeopedia, and you may not use any of such materials for any purpose without the express written agreement of Smokeopedia.
We reserve the right to refuse service to anyone for any reason.
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.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us.
The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that somebody will correct errors in the Service.
Smokeopedia or its employees, third-party contracts, and manufacturers are not responsible for using and practicing any instructions herein. Those following all broadcasts listed or served herein assume all risk of being offended or suffering any other damage.
Smokeopedia or its owners, operators, and staff will not be held liable for any illegal activity, legal recourse, or lawyer’s fees resulting from purchasing or using our products. Our site is for informational use. Also, any governmental employee, agency, or agent must identify themselves to the operators of Smokeopedia upon entering the website and when ordering any products from our site.
Limitation of Liability: Smokeopedia will not be liable for damages of any kind, including, without limitation, special or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the contents of this site. In addition, Smokeopedia has no duty to update this site or its contents.
Smokeopedia will not be liable for your use of other websites which you may access via certain links within this site. These links and other “resources” referenced on this site are provided merely as a public service to users of the World Wide Web, and inclusion in the Smokeopedia site does not constitute an endorsement by or affiliation with Smokeopedia.
U.S. Code 21-863 refers to ALL materials used to manufacture tobacco accessories; Wood, Meerschaum, Ceramic, Metal, and, yes, Glass. Specifically, pipes with carburetion devices (third holes) are considered paraphernalia regardless of the material used to manufacture the pipe. Traditional tobacco accessories like pipes, cigar and cigarette holders, and hookah/shisha pipes are not included in the list of Contemporary accessories. U.S. vs. Posters & Things (Supreme Court – 1996) upholds this code as the OBJECTIVE standard by which paraphernalia is judged. Further, it describes other relevant factors in this determination, including whether the owner is a licensed distributor or retailer of tobacco products! Ten states have adopted USC 21-863 as state law, and three more are in the process of adoption. All other states have less rigorous SUBJECTIVE (intent) statutes or no law on this subject! All Glass pipes conform to RTDA guidelines for bowl depth and width.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account or credit card or orders using the same billing or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates. We can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you access to third-party tools we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions and any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website (including releasing new tools and resources). Such new features or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include third-party materials.
Third-party links on this site may direct you to unaffiliated third-party websites. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. You should make all complaints, claims, concerns, or questions regarding third-party products should be made directly to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
- to maintain any comments in confidence,
- to pay compensation for any comments, or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted.
SECTION 10 – PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the store. Click here to view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website 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 in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions, as outlined in terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose
- To solicit others to perform or participate in any unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet
- To collect or track the personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time; we may remove the service for indefinite periods or cancel the service at any time without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Smokeopedia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smoke Cartel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or concerning The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
Smokeopedia, in its sole discretion, reserves the right to
- change this Legal Statement,
- monitor and remove postings, and
- discontinue site availability at any time without notice.
Suppose any term, condition, or provision of this Legal Statement is deemed unlawful, invalid, void, or unenforceable. In that case, the validity and enforceability of their remaining terms, conditions, and provisions will not be affected or impaired. This Legal Statement constitutes the entire agreement between you and Smokeopedia relating to the subject matter in this Legal Statement. X