Terms and Conditions

Section 1. General

These terms and conditions of use (hereinafter “Terms of Use”) apply to all visitors and all users of this website https://smklounge.com (hereinafter “Website”); Likewise, they apply to all visitors and all users of the social networks of Facebook, Instagram, Twitter, TikTok and other social networks that are added (hereinafter “Social Networks”) of SMK Lounge, its affiliates and subsidiaries. (hereinafter “SL”), as well as all the information, recommendations and services provided through this Website and Social Networks (the “Information”). By using this Website and Social Networks you are accepting the validity of these Terms of Use. These Terms of Use may be modified unilaterally, at any time and without prior notice to users. Such modifications will become effective as soon as the new Terms of Use are posted. Users of the site are advised to regularly read the Terms of Use so that they are aware of any possible changes.

 

Section 2. Recognition of Age of Majority
Recognizing this as a site related to tobacco advertising, the user acknowledges and accepts that he is of legal age and undertakes not to share its content with minors. Similarly, the user agrees not to share content on the Website and Social Networks that promotes tobacco use. SL and its brands reserve the right to remove at their complete discretion and without prior notice any material that does not meet their standards, is inappropriate or does not comply with the rules of the applicable legal provisions.

 

Section 3. Information and Responsibility
The Information is for general purposes only and does not constitute a recommendation. SL will not be responsible for any damage resulting from the use (or inability to use) of this Website and Social Networks and Information, including damage caused by viruses or any inaccuracy or lack of integrity of the Information, unless such damage is the result of any willful misconduct or gross negligence on the part of SL. SL will not be responsible for the damages resulting from the lack of adequacy, timeliness or accuracy of this Website and Social Networks or the Information. Users agree to use the Website and Social Networks and the Information in accordance with the law, these Terms of Use, and any other policy published on the Website and Social Networks of SL. as well as in accordance with morality, good customs and public order. Users undertake to refrain from using the Website and Social Networks and/or the Information for illicit purposes or effects, contrary to what is established in the Terms of Use, harmful to the rights and interests of third parties or that in any way may damage , disable, overload or deteriorate the Website and Social Networks and/or the Information or prevent the normal use or enjoyment of the Website and Social Networks and/or the Information by users. The use of any device, software or other means tending to interfere in the activities and operations of SL as well as in the Website and Social Networks, Information or in the databases of SL is prohibited. Any interference, attempt or activity that violates and/or the prohibitions stipulated in these Terms of Use will make the person responsible subject to the pertinent legal actions, and to the sanctions provided for in this agreement, as well as responsible for compensating for the damages caused.

 

Section 4. Exclusion of Liability for System Failures
SL is not responsible for any damage, harm or loss to the user caused by failures in the system, on the server or on the Internet. SL will not be responsible for any virus that could infect the user’s computer as a result of access, use or examination of its Website and Social Networks or as a result of any transfer of data, files, images. texts, or audio contained therein. Users will not be able to attribute any responsibility, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet. SL does not guarantee continuous or uninterrupted access and use of its Website and Social Networks. The system may eventually be unavailable due to technical difficulties or internet failures. or for any other circumstance beyond SL; in such cases, efforts will be made to restore it as quickly as possible without any type of liability being attributed to it. SL will not be responsible for any errors or omissions contained in its Website and Social Networks. SL denies any guarantee including, among others, the guarantees of condition, quality, merchantability. fitness for a particular purpose and non-infringement of rights.

 

Section 5. Third Party Information
Information from third parties is an expression of the personal views of those third parties. SL is not responsible for said information. Hyperlinks on this Website and Social Networks may direct visitors to external websites maintained by third parties. SL is not responsible for the content and operation of such external websites. SL will not be responsible for the quality of the products or services that may be offered on such external websites.

 

Section 6. Protection of Personal Data
SL has adopted the required Personal Data protection security levels. and tries to install those other means and additional technical measures within its reach to avoid the loss, misuse, alteration, unauthorized access and theft of the Personal Data provided to SL. For the above and better knowledge of users, the Privacy Notice is available.

 

Section 7. “Cookie” Technology on the Website and Social Networks
SL’s Website and Social Networks make use of so-called “cookies”. “Cookies” are small text files that the Website and Social Networks store locally on your computer. The Website and Social Networks use “cookies” to recognize you if you visit it, allowing SL to recognize the registered user after they have registered for the first time, without having to register each time they visit to access the areas and services reserved exclusively for them. In this way, SL is able to improve the ease of use of the Website and Social Networks and adjust it to your needs. The “cookies” of the Website and Social Networks that are stored on your computer are valid for an unlimited period after your first visit. By changing the settings on your Web browser, you can set to notify you if “cookies” are stored on your computer. By changing the settings, you can also set your browser not to accept “cookies” from this Website and Social Networks. However, if your browser does not accept “cookies”, you will not be able to access or use all the features of this Website and Social Networks.

 

Section 8. Intellectual Property
Unless otherwise indicated, all intellectual property rights of this Website and Social Networks and the Information contained therein are the property of SL. These rights include, among others, the programs, databases, networks. files, copyrights, the rights of trade names, brands, trademarks, designs and logos that are the property of SL and are protected by intellectual property laws. SL does not grant any license or authorization of use of any kind on its industrial and intellectual property rights, or on any other property or right related to the Website and Social Networks and/or the Information. The Smoking Lounge®, SMK Lounge, SMK Lounge Private Club trademarks and all their logos are registered trademarks owned by Smoking Lounge. S.A.P.I. of C.V. Users are authorized to read this Website and Social Networks and the Information and make copies for their personal use. for example, print or save. Any other use of the Website and Social Networks or the Information, such as the storage or reproduction of (part of) the Website and Social Networks or the SL Information. on any external Internet site is prohibited. Said improper use and total or partial reproduction of said contents will be subject to the pertinent legal actions.

 

Section 9. Unsolicited Ideas
In the event that the user publishes unsolicited ideas or materials whether in the form of texts, images, sounds, software. information or otherwise (hereinafter, the “Materials”) on this Website and Social Networks or send materials to SL by email or otherwise, SL shall be entitled to use, copy or commercially exploit such Materials to the fullest extent and for free. SL will not be subject to any obligation of confidentiality with respect to such Material. Hereby, the user releases SL from all liability in the event of any action, claim or liability suffered. incurred or affecting SL, as a result of the use or exploitation of Materials that infringe the (intellectual property) rights of third parties or that are otherwise unlawful and affect a third party.

 

Section 10. Severability
If these Terms of Use are terminated in part, the parties will continue to be bound by the remainder of these Terms of Use. The parties shall replace the null part with provisions that are valid, have legal effects and correspond to those of the null part, to the extent possible, taking into account the content and meaning of these Terms of Use.

 

Section 11. Applicable Law and Jurisdiction
These Terms of Use shall be governed exclusively by the applicable laws of Mexico. All disputes that arise in relation to these Terms of Use, including, among others, disputes about the existence and validity of the same, will be resolved in the competent courts of Mexico City, Mexico.