Conditions of Use - Smotp.com

Welcome to Smotp.com ("Smotp.com" or the "Site"). Smotp.com and/or its affiliates ("smotp"and “Essemoh Teepee”) provide website features and content to you subject to the following conditions of use ("Conditions of Use"). If you visit or buy audiobooks, e-books or related products at Smotp.com, you accept these Conditions of Use. Please read them carefully. In addition, when you use any current or future Smotp.com service or business (e.g., Smotp.com subscriptions, iDev or Personalised Audio Experiences) you will also be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these Conditions of Use & Sale are inconsistent with such Terms, the Terms will control.

The Smotp.com Service

The Smotp.com Service permits users to purchase e-books and original audio content ("Smotp.com Service"), including books, experiential audios, and recurring content (collectively, "Smotp.com Content") through various means (including the Site and any other domain names as may be operated, acquired, or used from time to time by Smotp.com, wired and wireless connections, and telephony based networks) and view or playback such Smotp.com Content on a computer or hardware device. You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card or debit card to use the Smotp.com Service.

Privacy

Please review our Privacy Notice, which also governs your visit to Smotp.com, to understand our practices.

Site Policies, Modification, and Severability

Please review our other policies, such as our Smotp.com Purchase Terms and Conditions, which governs any purchase you may make from the Site, and which governs your enrolment in any Smotp.com membership Subscription. We reserve the right to make changes to the Site, its policies, and these Conditions of Use at any time. Your continued use of this Site following any changes will indicate your acceptance of these changes. If you do not agree to any change to these Conditions of Use or any other policy posted on this Site, you must immediately stop using this Site. If any condition or term set forth in any policy on the Site or in these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Electronic Communications

When you visit Smotp.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Copyright

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and Smotp.com Content, is the property of Smotp.com or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on this Site is the exclusive property of Smotp.com and protected by United Kingdom and international copyright and database right laws. All software used on this Site is the property of Smotp.com or its software suppliers and protected by United Kingdom and international copyright and authors' rights laws.

Trademarks

Smotp.com, Smotp Private Pages, Essemoh Teepee, Directed Erotic Visualisation, DEV, iDEV , Modular DEV and other marks indicated on our website are trademarks of Smotp.com in the European Union and/or other jurisdictions. Smotp.com's trademarks and trade dress may not be used in connection with any product or service that is not Smotp.com's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Smotp.com. All other trademarks not owned by Smotp.com that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smotp.com.              

License and Site Access

Smotp.com grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Smotp.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smotp.com.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smotp.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Smotp.com's name or trademarks without the express written consent of Smotp.com. Any unauthorized use terminates the permission or license granted by Smotp.com.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Smotp.com so long as the link does not portray Smotp.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Smotp.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Hacking and Security

We use a variety of means to protect the security of this Site. You agree not to attempt to access data or materials not intended for you, log into a server or account that you are not authorized to access, test the vulnerability of our network and security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through this Site, you agree that protection of your own software, personal computer and other devices from malicious software is your responsibility and agree to install anti-virus and other security protections.

Your Agreement in using Smotp.com

Smotp.com does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may not use any of the services of Smotp.com. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

You agree to ensure that all information you provide when registering for the Site or any offerings under the Smotp.com Service or when responding to requests for information from us will be current, complete, and accurate and you agree to maintain and update the information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. You agree that we may store and use information you provide (including credit card information) for use in maintaining your accounts and billing Smotp.com fees to your credit card.

Reviews, Comments, Communications, and Other Content

We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Smotp.com and its sub licensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smotp.com for all claims resulting from content you supply. Smotp.com has the right but not the obligation to monitor and edit or remove any activity or content. Smotp.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright complaints

Smotp.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please inform us immediately.

Removal of Smotp.com Content or Other Materials

We reserve the right to remove or disable access to any Smotp.com Content or any other materials posted to or otherwise displayed on the Site. We will in no event be liable for the good faith removal of or disabling of access to any such Smotp.com Content or materials under this Agreement.

Smotp.com Service Descriptions

Smotp.com attempts to be as accurate as possible. However, Smotp.com does not warrant that Smotp.com Content or other product descriptions or content on this Site is accurate, complete, reliable, current, or error-free.

Other Businesses

We may offer content from parties other than Smotp.com and may permit parties other than Smotp.com to provide services or sell products on the Site or in connection with the Smotp.com Service. We may also provide links on the Site to the websites of affiliated companies and certain other businesses. Any materials we offer from third parties we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. Smotp.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Termination

Smotp.com may at any time and at its sole discretion terminate your right to use this Site, the Smotp.com Service, if Smotp.com determines, in its sole discretion, that you have violated these Conditions of Use or any other policy posted on the Site or applicable to the Smotp.com Service.

Termination of Smotp.com Services

Our business will change over time and we reserve the right to modify, suspend or discontinue any service or any content we offer, in whole or in part, at any time, including the Smotp.com Service, with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, if you are a member of a Smotp.com service (or with respect to any purchase you've made.)

Losses

Smotp.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Site, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site or when a contract for the sale of goods by us to you was formed. Smotp.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

Applicable Law and Disputes

These conditions are governed by and construed in accordance with the laws of England and Wales, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Notices

We may provide notices to you by sending them to the email address you have provided and our notice sent to you by email will be deemed received when sent. Any notice you have for us must be sent to the address below or to such other address as we provide in a notice to you or on this Site.

Defamation Claims

It is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Smotp.com operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the Site contains a defamatory statement, please notify us immediately. Smotp.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

Smotp.com Purchase Terms and Conditions

In addition to the foregoing Smotp.com Site Conditions of Use, the purchase of Smotp.com Content on this Site is subject to the following additional Smotp.com Purchase Terms and Conditions. By purchasing any Smotp.com Content from the Smotp.com Site, you agree to be bound by these Smotp.com Purchase Terms and Conditions, which are subject to change by Smotp.com at any time, in its sole discretion. Changes to these Smotp.com Purchase Terms and Conditions will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of these Smotp.com Purchase Terms and Conditions.

Purchases of Smotp.com Content

Purchases.

If you purchase Smotp.com Content you pay for the Smotp.com Content you select and your credit card is charged at the time you make the purchase.

Subscriptions.

You may purchase subscriptions to recurring content, you will be charged the full price of the Subscription at the beginning of the Subscription term, either in the form of a charge on your credit card or another payment form acceptable to us.

Smotp.com Content License.

When you purchase Smotp.com Content, Smotp.com grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Smotp.com Content to your computer and/or device(s) solely for your personal non-commercial use. You may also copy any of your Smotp.com Content onto a CD or other tangible media device once. You agree to not otherwise copy, reproduce, distribute or use the Smotp.com Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the Smotp.com Content in any manner and you will not exploit it commercially. You agree to not de compile, disassemble, or reverse engineer the Smotp.com Content, or modify the Smotp.com Content or create any derivative works there from. The license to the Smotp.com Content you purchase will continue for as long as your copy of Smotp.com Content exists pursuant to these Smotp.com Purchase Terms and Conditions.

Right to Change Prices.

Prices of all Smotp.com Content are subject to change at any time in Smotp.com's sole discretion. All such pricing changes will be posted to the Smotp.com Site.

Delivery of Smotp.com Content.

All Smotp.com Content will be delivered via electronic download.

Risk of Loss.

You bear all risk of loss for completing the download of Smotp.com Content after purchase, once we have made such content available to you and for any loss of Smotp.com Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Smotp.com Content will generally continue to be available but may become unavailable due to potential content restrictions or other reasons and Smotp.com will not be liable to you if Smotp.com Content becomes unavailable for further download. Accordingly, we encourage you to download Smotp.com Content promptly after purchase and to make back-up copies. If you are unable to complete a download after having reviewed our online help resources, please contact smotp@smotp.com

Availability of Smotp.com Content.

We will exercise reasonable efforts to provide Smotp.com Content in a timely manner. On occasion, technical or other problems may delay or prevent delivery. You agree that availability of Smotp.com Content that is not yet created at the time you purchase such content or expect such content to be delivered (such as, for example, time-dated programming in connection with a Subscription) is subject to the creation of the content by the supplier. Your sole remedy with respect to Smotp.com Content that is not delivered within a reasonable period will be replacement of such Smotp.com Content with comparable programs or an extension of the applicable Subscription period or, in the event neither is available, a pro rata credit on your Smotp.com Account for the amount of such Smotp.com Content.

If you find a defect in Smotp.com Content, you may call Smotp.com customer service and Smotp.com will consult with you on proper downloading procedures and hardware requirements. If you are still unable to download a working copy of the Smotp.com Content, Smotp.com will provide you with replacement Smotp.com Content or a credit, as determined by Smotp.com in its sole discretion, if you advise Smotp.com within 7 days of your first attempt to download the material by calling Smotp.com customer service voicemail or by e-mail to smotp@smotp.com.

Losses.

Smotp.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Site, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site or when a contract for the sale of goods by us to you was formed. Smotp.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or

Fees and Credits

Fees.

You agree that you will pay timely, and we may charge your credit card for, any Smotp.com Content and related additional amounts (including taxes and late fees, as applicable) ("Smotp.com Purchase Fees") as may be accrued in connection with any purchase you make. All Smotp.com Purchase Fees will be billed to the credit card you designated during the registration process. You agree that Smotp.com may use all legal means available to collect Smotp.com Purchase Fees should our attempts to charge your credit card fail for any reason, including any collection agency and legal fees.

Credits for Fees Paid.

In any case where Smotp.com agrees to issue you a credit for purchases of Smotp.com Content that were not completed due to technical difficulties or other issues or purchases of devices that you are permitted to return, such credits will be issued in the same form as the means of purchase (i.e., if the purchase was made through a charge to a credit card, the corresponding amount will be credited back to your credit card account. Alternately you may be offered complimentary additional content as recompense.

Policy on Smotp.com Subscriptions

In addition to the foregoing Smotp.com Site Conditions of Use and Smotp.com Purchase Terms and Conditions, membership of the Smotp.com Private Pages is subject to this Policy on Smotp.com Subscriptions, and to payment of the applicable periodic membership fee plus applicable taxes. Smotp.com offers access to exclusive content and pre release material via the Private Pages. Membership is non-transferable. By subscribing to the Private Pages, you agree to be bound by this Policy on Smotp.com Subscriptions, which is subject to change by Smotp.com at any time, in its sole discretion. Changes to this Policy on Smotp.com Subscriptions will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of this Policy on Smotp.com Subscriptions.

Smotp.com Subscription Prices.

Prices of Smotp.com Subscriptions are subject to change at any time upon notice from Smotp.com via email. In the event of such a change, you will have the right to cancel your Smotp.com Subscription without penalty within ten (10) days of receipt of notice, effective as of the date of the next billing cycle. Prices of Subscriptions are not subject to change during the initial commitment period.

Payment.

You agree that you will pay timely, and that we may charge your credit card for, all fees applicable to your Smotp.com Subscription and any related additional amounts (including any taxes and late fees) as may be accrued in connection with your Smotp.com Subscription. All Smotp.com Subscription fees will be billed to the credit card you designated during the registration process. You agree that Smotp.com may use all legal means available to collect Smotp.com Subscription fees should our attempts to charge your credit card fail for any reason, including any collection agency and legal fees.

Cancellation of Smotp.com Subscriptions.

Subject to the terms of this Policy on Smotp.com Subscriptions, in most cases, you may cancel your Smotp.com Subscription online or by contacting smotp@smotp.com. Upon cancellation of any Subscription, all Subscriptions will expire. Smotp.com's responsibility for improper cancellation is limited to reinstating your Smotp.com Subscription or offering a refund, at Smotp.com's sole discretion.

Members belonging to annual Smotp.com Subscription may cancel their membership at any time. Members will not receive a full or partial refund of any fee already paid. Upon cancellation, all available Credits will expire.

Purchase Terms/Refunds.

All purchases you make under any Smotp.com Subscription are subject to the Smotp.com Purchase Terms and Conditions. No refunds are made for Digitally downloaded material.

Termination.

If you fail, or we suspect that you have failed, to comply with any of the provisions of this Policy on Smotp.com Content Subscriptions or any term or condition of any policy applicable to the Smotp.com Service, including the Smotp.com Purchase Terms and Conditions and the Smotp.com Site Conditions of Use, Smotp.com, at its sole discretion, may (a) terminate your enrolment in any Smotp.com Subscription and/or your rights to use any Smotp.com Content, the Site, and/or (b) preclude access to the Smotp.com Service (or any part thereof). We will notify you if we take any of the foregoing actions.

Copyright Notice Policy

Consistent with the Copyright, Designs and Patents Act 1988, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to smotp@smotp.com for notices of infringement and provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Smotp.com Site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement of truth made by you, declaring that the above information in your notice is accurate and true, that you are the copyright owner or authorised to act on the copyright owner's behalf and that your statement can be used in any court proceedings that may arise out of or relating to the infringing material.

NOTE: REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO smotp@smotp.com OR BY PHONE TO international voicemail +44 (0)7972 726992

NOTICE AND PROCEDURE FOR NOTIFYING Smotp.com OF DEFAMATORY CONTENT

If you believe that any content on, or advertised for sale on, the Site contains a defamatory statement, please notify us immediately by copying the Notice to Smotp.com of Defamatory Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send an e-mail with the Notice attached as a word.doc file to smotp@smotp.com

Please note that this procedure is exclusively for notifying Smotp.com of Defamatory content on or advertised for sale on the Smotp.com Site. Please provide your address, telephone number, and e-mail address when sending the notice to us.

Important Warning: giving false, misleading or inaccurate information in the Notice to Smotp.com of Defamatory Content may result in civil and criminal liability.

Notice to Smotp.com of Defamatory Content

in the matter of www.Smotp.com

STATEMENT

I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:

I refer to the website www.Smotp.com ("the website"). I make this statement in support of my giving Smotp.com notice that, via the website, it is causing or contributing to the publication of a defamatory statement.

The defamatory words (delete whichever paragraph is not applicable):

(a) appear in an audiobook/e-book being sold by Smotp.com via the website entitled [please state the audiobook/e-book name and its author]. The defamatory words appear around the [please state approximate location(s) where you consider there are defamatory words] minute mark.

OR

(b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].

The words that I consider to be defamatory are [please repeat the exact words you are complaining about].

These words are defamatory because [please state why you consider the words are defamatory].

The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].

I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.

Statement of Truth

I declare the facts stated above to be true.

    

Signed:

             

Dated:

              

_____________________________

              

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