Terms and Conditions 2017-07-01T15:14:22+00:00

TERMS AND CONDITIONS

  1. Introduction

These Standard Terms and Conditions written on this webpage shall manage your use of this website and any assets, such as applications, games or other software provided by Smokyfish Ltd.. These Terms will be applied fully and affect to your use of this Website and any assets, such as applications, games or other software provided by Smokyfish Ltd.. By using this Website or any assets, such as applications, games or other software provided by Smokyfish Ltd., you agree to accept all terms and conditions written in here. You must not use this Website or any assets, such as applications, games or other software provided by Smokyfish Ltd. if you disagree with any of the provisions set forth in these Standard Terms and Conditions.

  1. Intellectual Property Rights

Other than the content you own, under these Terms, Smokyfish Ltd. and/or its licensors own all the intellectual property rights and materials contained in this Website and rights to any assets, such as applications, games or other software developed by Smokyfish Ltd..

You are granted limited license only for purposes of viewing the material contained on this Website. Smokyfish Ltd. grants you use of any assets, such as applications, games or other software provided and developed by Smokyfish Ltd. and on the terms set forth in these Standard Terms and Conditions.

  1. Restrictions

You are specifically restricted from all of the following

  • publishing any Website and any assets, such as applications, games or other software provided by Smokyfish Ltd. in any other media or any shape or form without express approval by Smokyfish Ltd. and/or its licensors;
  • selling, sublicensing and/or otherwise commercializing any Website or any assets, such as applications, games or other software provided by Smokyfish Ltd.;
  • publicly performing and/or showing any Website material or applications, games or other software provided by Smokyfish Ltd. in any shape or form without express approval by Smokyfish Ltd. and/or its licensors;
  • using this Website or applications, games or other software provided by Smokyfish Ltd. in any way that is or may be damaging to this Website and any applications, games or other software provided by Smokyfish Ltd.;
  • using this Website or any applications, games or other software provided by Smokyfish Ltd. in any way that impact user access to this Website or applications, games or other software provided by Smokyfish Ltd.;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website or any applications, games or other software provided by Smokyfish Ltd.;
  • using this Website or applications, games or other software provided by Smokyfish Ltd. to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and Smokyfish Ltd. may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

  1. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website in cooperation/partnership or other agreement directly with Smokyfish Ltd.. By agreeing to display Your Content on the website, you grant Smokyfish Ltd. a non-exclusive, worldwide irrevocable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content will not be used in any manner whatsoever by Smokyfish Ltd. without prior approval or in defiance of terms agreed on between the user and Smokyfish Ltd.. Any content entered into an application/game or other software provided by Smokyfish Ltd. belongs exclusively to the end-user. Smokyfish Ltd. does not claim or assume any right to any audio, video, text, images or other material you choose to store/enter or publish using any application/game or software provided by Smokyfish Ltd..

Smokyfish Ltd. cannot and does not in any manner whatsoever claim or assume or have access to any content stored in the writing software developed and offered as “Winkle” nor is any content stored on “Winkle” accessible remotely or in any other online or offline means to Smokyfish Ltd.. Any user content or information stored in “Winkle” belongs unreservedly and exclusively to the end user. However, Smokyfish Ltd. cannot assume any responsibility for any content or data loss, personal/business inconvenience, any personal/business “impact as a result of using any application/game or software provided by Smokyfish Ltd.. Smokyfish Ltd. cannot assume any responsibility for any outside party hacking or any subversion intended by any outside party to steal, destroy or illegally obtain information from an end-user. The end-user also understands and agrees that Smokyfish Ltd. shall not be and cannot be financially liable for any loss incurred as a result of using any application/game or software or any material provided by Smokyfish Ltd. to the end-user.

Your Content must be your own and must not be invading any third-party’s rights. Smokyfish Ltd. reserves the right to remove any of Your Content from this Website at any time without notice. Smokyfish Ltd. cannot be held liable for any infringement of third-party rights or agreements or copy-rights made by a end-user of Smokyfish Ltd.’s applications/games or any software.

  1. No warranties

This Website and any applications, games or other software provided by Smokyfish Ltd. is provided “as is,” with all faults, and Smokyfish Ltd. express no representations or warranties, of any kind related to this Website or applications, games or other software provided by Smokyfish Ltd. or the materials contained on this Website. Also, nothing contained on this Website or applications, games or other software provided by Smokyfish Ltd. shall be interpreted as advising you.

  1. Limitation of liability

In no event shall Smokyfish Ltd., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website or any applications, games or other software provided by Smokyfish Ltd. whether such liability is under contract.  Smokyfish Ltd., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website or any applications, games or other software provided by Smokyfish Ltd..

  1. Indemnification

You hereby indemnify to the fullest extent Smokyfish Ltd. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

  1. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms

Smokyfish Ltd. is permitted to revise these Terms at any time as it sees fit, and by using this Website or any applications, games or other software provided by Smokyfish Ltd. you are expected to review these Terms on a regular basis.

  1. Assignment

Smokyfish Ltd. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement

These Terms constitute the entire agreement between Smokyfish Ltd. and you in relation to your use of this Website or any applications, games or other software provided by Smokyfish Ltd., and supersede all prior agreements and understandings.

  1. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Ontario, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Ontario for the resolution of any disputes.

  1. Additional Clause

The user fully understands and frees Smokyfish Ltd. and all assets belonging to Smokyfish Ltd., such as any applications or other services, downloads or digital products offered by the website or by Smokyfish Ltd. from any financial liability or any liability whatsoever. Smokyfish Ltd. shall not be held responsible for any damages resulting from use of any assets provided by Smokyfish Ltd. whatsoever. Smokyfish Ltd. shall not be held financially liable from any consequence if these assets affect the user negatively in any way, shape or form. Any donations made to Smokyfish Ltd. through any assets (such as applications/games or other software) are non-refundable and can be used by Smokyfish Ltd. as deemed fit by Smokyfish Ltd.. If the end-user provides any funds or donation to Smokyfish Ltd., the end-user agrees that they have done so willingly of their own accord and that Smokyfish Ltd. can use these funds or donation for either personal or business use. The end-user agrees that they shall have no claim over any projects, assets, business profits or other dealings undertaken by Smokyfish Ltd. or generated as result of using funds or donations provided by the end-user. Use of any assets, such as applications or other services are to be used at the user’s risk (Ex. Smokyfish Ltd. cannot be held liable if any information is improperly saved or lost while using the Winkle app.).