Effective Date: Jan 2019
SMoak Productions, TERMS OF — USE
ACCESS TO AND — USE OF THIS WEBSITE IS PROVIDED BY IMG UNIVERSE, LLC SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
The materials provided on the Website are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.
2. Personal Information
If you provide information that is not accurate, current or complete, or if SMoak Production has reason to believe that information you provided is not accurate, current or complete, SMoak Production has the right to prohibit you from any and all future use of the Website.
3. Use Restrictions
SMoak Production authorizes you to view and download a single copy of the Website and the Contents, to the extent that the Contents are available on the Website. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2018, SMoak Productions All rights reserved”.
You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.
You may not reverse engineer any aspect of the Website or do anything which might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website. You may not attempt to circumvent any content-filtering techniques we employ or attempt to access any area of the Website that you are not authorized to access. You may not develop any third-party applications that interact with the Website without our prior written consent, including any scripts designed to scrape or extract data from the Website.
SMoak Production reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice.
If, for any reason, you create any derivatives, modifications or improvements to the Website, and/or Contents (“Derivatives”), all right, title and interest (including existing and future intellectual property rights) in such Derivatives (“Derivative Rights”) vest in SMoak Production immediately upon creation. You hereby assign to SMoak Production with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by SMoak Production or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.
4. Submission of Ideas
SMoak Production does not accept submissions of any kind through the Website (e.g., materials, ideas, suggestions, know-how, or concepts, other than those expressly sought through permitted use of the Website) or otherwise. All submissions, other than those expressly sought through permitted use of the Website, may be deleted unread or destroyed, at SMoak Production ’s discretion. You hereby grant to SMoak Production an irrevocable, perpetual, royalty-free licence (including the right to sublicense to third parties) to exercise the intellectual property rights in any submissions made by you or on your behalf in connection with the Website (“Licensed Submissions”). You represent and warrant that use by SMoak Production or its licensees of the Licensed Submissions will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.
5. Hyperlinks from the Website
The Website may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, applications and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). SMoak Production does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.
SMoak Production is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate SMoak Production ’s approval or endorsement thereof. If you choose to leave the Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
6. No Reliance on Information
The material and Contents on the Website are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
Although SMoak Production make reasonable efforts to update the information on the Website, SMoak Production make no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Website is accurate, complete or up-to-date.
7. Liability of SMoak Production and Its Licensors and Partners
The use of the Website and/or the Contents is at your own risk. The Contents of the Website could include technical inaccuracies or typographical errors.
SMoak Production may update the Website and/or may change the Contents at any time. However, please note that any of the Content on the Website may be out of date at any given time, and SMoak Production are under no obligation to update it. SMoak Production do not guarantee that the Website or any of the Contents on it, will be free from errors or omissions.
Subject to applicable law, SMoak Production or IMG Universe, LLC will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Website or use of or reliance on any Contents displayed on the Website.
To the extent permitted by applicable law, SMoak Production or IMG Universe, LLC will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Contents on it, or on any website linked to it.
Except as otherwise expressly permitted herein, you agree not to use the Website for any commercial or business purposes, and subject to applicable law SMoak Production or IMG Universe, LLC have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance of the Website.
To the extent permitted by applicable law, SMoak Production exclude all conditions, warranties, representation or other terms which may apply to the Website or any Contents on it, whether express or implied.
SMoak Production makes no claims that the Contents and/or Website are appropriate or may be downloaded and/or used outside of the United States of America. Access to and use of the Website and/or Contents may not be legal by certain persons or in certain countries.
If you access, use and/or download the Website and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
10. Waiver and Severability
11. Notice and Take Down Procedures
If you believe the Contents (or any part thereof) accessible on or from the Website infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Website by contacting SMoak Production (address identified below) and providing the following information:
- identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
- your name, address, telephone number, and (if available) email address.
- a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
- a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;
- a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.
Our address for intellectual property rights issues relating to the Website is as follows:
SMoak Productions, 9255 sunset Blvd, #1010, West Hollywood, Ca, 90069 info@missNevadaUSA.com
In an effort to protect the rights of intellectual property rights owners, SMoak Production maintains a policy for the termination, in appropriate circumstances, of users of the Website who are repeat infringers.
12. Trade Marks
IMG Universe, LLC is the exclusive owner of all rights in the MISS UNIVERSE, MISS USA, MISS TEEN USA, CONFIDENTLY BEAUTIFUL trademarks, and the Woman With Stars Logo. Unauthorized use of any IMG Universe, LLC trademark, service mark or logo is prohibited, and may be a violation of federal and state trademark law.
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access and use the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. SMoak Production will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
14. Complete Agreement
15. Contact Us
To contact us, please email info@MissNevadaUSA.com