Documents

The policies listed here in these tabs governs the use of our website and terms that become binding by using the site or making a purchase. Please review and read ANY/ALL policies that may apply to you.

Please remember by using this site and/or clicking “[I AGREE]”, you agree to these terms and conditions and you agree to the Arbitration Agreement, and the Consent to Electronic Contracting and Communications. If you do not agree to these terms and conditions, the Arbitration Agreement, or the Consent to Electronic Contracting and Communications do not click “[I AGREE]” and stop using this site immediately. As used in the Arbitration Agreement and the Consent to Electronic Contracting and Communications, “company” “we,” “our,” and “us” mean  S’moreFire and its successors, assigns and agents.

Welcome to the website or mobile application of S’moreFire. This website or mobile application is owned and operated by S’moreFire (SF) (the “Company,” “us,” “our,” or “we”).

These Terms and Conditions of Use (“Terms of Use“) set forth the terms and conditions under which you are authorized to use one of our websites, including any website where these Terms of Use are posted, and any subdomains and mobile versions (collectively, the “Site”), use one of our mobile applications (the “Mobile App”)], or interact with our other on-site or web-enabled technologies, such as on premise WiFi, Bluetooth beacons and interactive kiosks. We may refer to the Mobile App, Site, and these related web-enabled technologies collectively as our “Digital Services.”

Through your use of our Digital Services, you consent to the practices described in these Terms of Use.

To the extent additional rules or guidelines affect your use of our Digital Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of our Digital Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Digital Services.

DESCRIPTION OF SERVICE

Our Digital Services primarily provide information and purchasing options for our festivals, events, merchandise, and other content we think would be of interest to you. To the extent new services, content or features are added to our Digital Services in the future, your use thereof is subject to these Terms of Use.

THIRD-PARTY SERVICES AND CONTENT

Our Digital Services are intended primarily for informational and e-commerce purposes. We enable you to inquire about the various services and events promoted or hosted by S’moreFire and certain third parties. We may also provide links for you to purchase products through third party payment services, some of which may be operated by a third party, not S’moreFire.

Your use of these features and other content or services provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than S’moreFire will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.

MODIFICATIONS AND INTERRUPTION TO THE DIGITAL SERVICE

We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

YOUR REPRESENTATIONS

As a condition of your right to use our Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.

RESTRICTED ACTIVITIES

You may not engage in any of the following with regard to the Digital Services (including without limitation posting or transmitting content through the Digital Services), and you agree not to use the Digital Services to:

1. violate or encourage the violation of any local, state, national, or international law or regulation;
2. collect or store personal data about other users of our Digital Services or solicit personal information from any individual;
3. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
4.  send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by S’moreFire in its sole discretion;
5. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
6. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
7. disrupt or interfere with the security or use of the Digital Services or any websites or content linked to them;
8. interfere with or damage the Digital Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Digital Services;
9. attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) S’moreFire, our any third party, or create or use a false identity;
10. attempt to obtain unauthorized access to the Digital Services or portions thereof that are restricted from general access;
11. use any meta tags or any other “hidden text” utilizing S’moreFire’s (or any third party partner or sponsor’s) name, trademarks, or product names;
12. attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Digital Services;
13. engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Services; or
14. assist any third party in engaging in any activity prohibited by these Terms of Use.

Further, without our written consent, you may not:

1. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any S’moreFire content or any use of or access to the Digital Services;
2. use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Digital Services or monitor or copy our web pages or the content contained thereon;
3. deep link to the Digital Services for any purpose; or frame the Digital Services, place pop-up windows over any content, or otherwise affect the display of the Digital Services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SMOREFIRE, THEIR RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR DIGITAL SERVICES.

THE USER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE USE OF THIS DIGITAL SERVICE, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL USE OF THE SERVICE THE USER EXPRESSLY RELEASES THE EVENT FACILITY, LANDOWNERS, MANAGEMENT, PROMOTERS, PARTICIPANTS,  AGENCY (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE USER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE USE OF THE SERVICE, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS.

INDEMNIFICATION

You agree to indemnify and hold the S’moreFire Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Digital Services, or other use of our Digital Services in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.

COPYRIGHT AND TRADEMARK INFORMATION

All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by S’moreFire with all rights reserved. In some cases, such content may be licensed to S’moreFire by third parties. This content is protected by the intellectual property rights of S’moreFire or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with S’moreFire.

PERMITTED USE OF MOBILE APPLICATION

Our Mobile App is protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of S’moreFire. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or in any way compromise the security of data stored or transmitted by our Mobile App.

PERMITTED USE OF THE CONTENT

Any use of content on the Digital Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of S’moreFire, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of S’moreFire. You may use the content solely for your personal, non-commercial use, except as described herein. You may not make any use of content owned by any third parties which is available on the Digital Services, without the express consent of those third parties.

LINKS TO THE DIGITAL SERVICES

You are hereby licensed to create hyperlinks to content on the Digital Services, provided that the hyperlink accurately describes the content to which it links. If you include links to our Digital Services on your website, when the link is clicked, the applicable page within our Digital Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Digital Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by S’moreFire. Under no circumstances may you “frame” all or any portion of the Digital Services or copy portions of the Digital Services to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.

MOBILE DEVICES AND THIRD-PARTY RESTRICTIONS

If you access our Digital Services on mobile devices or in our Mobile App, you understand that your mobile carrier’s standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others).

Any Mobile app installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:

S’moreFire, not Apple, is responsible for:

The content in the Mobile App;

Maintenance or support of the Mobile App;

Any product warranties, whether express or implied;

Addressing any claims of the end-user or any third party relating to the Mobile App or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,

The investigation, defense, settlement and discharge of any third party claim that the Mobile App or your possession and use of that Mobile App infringes a third party’s intellectual property rights.

Further, if you install our Mobile App from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and you will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

CONTENT COMPLAINTS

If you believe that any content on our Digital Services violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on our Digital Services, or send an email to info@smorefire.com.

This policy governs the sales of any/all merchandise items offered by S’moreFire either on our website or in person.

The terms of sale of each item are issued pursuant to a transaction initiated on this website or in person and is subject to any and all terms imposed by S’moreFire. 

NO REFUNDS are offered for any reason.

ITEM PRICE

Unless indicated otherwise, prices include all applicable taxes and/or cash discounts (if available). Shipping rates may not be included. Items are NOT REFUNDABLE.

RESERVATION OF MANAGEMENT’S RIGHTS

Management reserves the right to refuse sale to any person (without recourse) whose conduct is deemed by Management, at Management’s sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the customer.

The exercise of management’s rights hereunder does not entitle the customer to a refund of the item price or any part thereof. 

COMPETITOR NOT ELIGIBLE

Anyone associated with competitor companies caught trying to buy S’moreFire merchandise will have their purchase canceled without refund A canceled purchase is NOT a reason for a refund.

RELEASE OF LIABILITY

THE CUSTOMER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE PURCHASED ITEM FOR WHICH THE SALE IS ISSUED, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL PURCHASE THE CUSTOMER EXPRESSLY RELEASES MANAGEMENT, PROMOTERS,  AND/OR (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE CUSTOMER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE SALE, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS.

NO REFUNDS

Merchandise sold either online or in person is NOT REFUNDABLE.

PROCESSING TIME

S’moreFire processes all merchandise orders are within 10-20 business days. In some cases though, an order may be delayed due to various reasons.

RIGHT TO CHANGE POLICY

S’moreFire reserves the right to make changes to this policy at any time and without notice to the Customer.

By clicking “[I AGREE]”, you agree to these terms and conditions and you agree to the Arbitration Agreement, and the Consent to Electronic Contracting and Communications. If you do not agree to these terms and conditions, the Arbitration Agreement, or the Consent to Electronic Contracting and Communications do not click “[I AGREE]”. As used in the Arbitration Agreement and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean S’moreFire and its successors, assigns and agents.

The “Refund Policy” is included in our “Sales Terms And Conditions” policy. Please be sure to read our “Sales Terms And Conditions” as this is just a snippet of the full policy governing purchases from S’moreFire.

NO REFUNDS are offered for any reason.

S’moreFire does NOT offer refunds for products sold online or in person.

Merchandise sold either online or in person is NOT REFUNDABLE.

There are NO EXCEPTIONS to this policy

PRIVACY STATEMENT

WHAT DO WE DO WITH YOUR INFORMATION?

S’moreFire strongly believes in both minimizing the data we collect and limiting its use and purpose to only that (1) for which the Company has been given permission, (2) as necessary to deliver the Services, or (3) as the Company might be required or permitted for legal compliance or other lawful purposes.

Use of Your Personally Identifiable Information. Once collected, the Company may use your Personally Identifiable Information in a variety of ways including, but not limited to: 

Provide service communications such as order confirmations, Sending your products, and customer service messages.

Respond to your emails or online requests for products, services, or information.

Processing your job application.

Fulfill and/or deliver the Services.

Communicate with you.

Detect and prevent fraud and abuse of our Services and systems.

When law enforcement requests information.

CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@smorefire.com

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service, otherwise we do not share your information with anyone else.

PAYMENT

If you choose a direct payment gateway to complete your purchase, then the gateway stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

LINKS

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

AGE OF CONSENT

By using this site, you represent that you are at least 18 years old. 

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.