PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS
Description of the Service. Smacken.com provides food trucks and food truck events a platform to promote their company and upcoming events, as well as other products and services. Most of these products and services are free. Any product/service with a charge involved, will be clearly marked as such. Smacken.com also allows Individuals to post an upcoming event for a fee, also food truck related companies to advertise their company and/or product for a fee. Customers may access Smacken.com for food truck locations, upcoming events information and photos free of charge and without registering. If a customer would like to receive weekly notifications of food truck events in their area, they may sign up at no cost for our email notifications.
Listing Feed Service. Smacken.com provides a free automatic feed to a company's listing data. This feed service allows a company to post upcoming events to Smacken.com and have those listings display on the Company's website. If you publicly display data from our free Listing Feed, you must display the Smacken.com links contained in the code.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your relationship to the Service. This Agreement may be modified by Smacken.com, from time to time, such modifications to be effective upon posting by Smacken.com on the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement.
Member Disputes. You are solely responsible for your interactions with other Smacken.com Registrants and Members.
Proprietary Rights. Smackencom owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Smacken.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
No Resale or Redistribution of Service. Except as expressly authorized by Smacken.com, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").
Copyright Abuse. We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are ''repeat infringers''. Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
The signature of a person authorized to act on behalf of the owner of the infringed copyright;
Identification of the copyrighted work or works claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Grant of License. Companies who sign up with Smacken.com, give Smacken.com LLC and its employees the license to access their listing information and re-distribute that information on Smacken.com. By registering with Smacken.com, the company represents that they have the authority to authorize Smacken.com's use of this information regardless of any posted copyright notices. The company will be responsible for verifying that the information posted on Smacken.com is correct, whether it was posted by the company or by Smacken.com LLC. Smacken.com LLC disclaims any liability for errors, omissions, or changes. Companies may use the Smacken.com service without granting this license, by notifying Smacken.com LLC in writing.
Company hereby grants the following license:
to access and reproduce upcoming food truck information found on the company's own webite;
to access and reproduce upcoming event information that the company has posted on any third-party website;
Account Access. You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You must provide a valid email address to become a Registrant. You are responsible for maintaining the security of your account and password. Smacken.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Age Requirements. This website's content is intended for adults and we will not knowingly collect personal information from children under 18 years of age. If you are a parent or legal guardian of a child under age 18 who you believe has submitted personal information to this site, please contact us immediately. You must be at least eighteen (18) years of age to subscribe Smacken.com. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Unauthorized Users. You must be a human. Accounts registered by ''bots'' or other automated methods are not permitted.
Blocking of IP Addresses. In order to protect the integrity of the Service, Smacken.com reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Registration and Subscription; Pricing. You may be come a Registered Company at no cost. As a Registered Company, you will have the ability to post listings and images, and access the listing feed service.
In order to promote your company and/or event on our website and access referrals from customers who are looking to hire an food truck, you must pay a subscription fee. There are two types of company subscriptions - Premium and Featured.
A premium subscription will allow your name to appear in our directory of food trucks. Your name will also be available to potential customers that fill out our referral form when they are looking to hire a company.
A featured subscription will allow your name to appear in our directory of food truck companies. In addition your logo and company information will appear in a featured listing at the top of the directory in your state. Featured subscribers also get first opportunity at all referrals.
Subscriptions; Charges on your Billing Account.
General. You agree to pay Smacken.com the subscription fee (''Subscription Fee'') specified in the sign up page during the subscription Period (''Subscription Period''). The Subscription Period varies depending on the plan you sign up for. We currently offer either monthly or annual subscriptions.
Payment Method. A valid credit card is required to subscribe to the Service. Smacken.com bills you through a secure online account (your ''Billing Account') for use of the Service. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on Smacken.com servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Smacken.com for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Smacken.com to charge your chosen credit card (your ''Payment Method'') for the Service. You agree to make payment using that selected Payment Method. If Smacken.com does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.
Auto-Renewal of Your Subscription Period. You will be entitled to receive the Service only during the subscription period (''Subscription Period') specified on your Billing Form. Monthly subscriptions will automatically renew at the end of your subscription period until cancelled by you. You will not receive further notice of auto-renewal.
Modifications to Service. Smacken.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Smacken.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimers of Warranties. The Website and the Service are provided ''AS-IS'' and on an ''AS-AVAILABLE'' basis. Smacken.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Smacken.com cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Smacken.com or submitted to Smacken.com. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Smacken.com cannot and does not guarantee compatibility with other systems and hardware.
Third-Party Content. Certain content includes materials from third parties. In addition, Smacken.com may provide links to certain third-party Websites. You acknowledge and agree that Smacken.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Smacken.com has no control over such sites and resources, you acknowledge and agree that Smacken.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Smacken.com is not in any way responsible for any such use by you.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Smacken.com be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Smacken.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content published on the Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, Smacken.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Smacken.com in the twelve (12) months prior to the claimed injury or damage.
Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
Indemnity by You. You agree to indemnify and hold Smacken.com, its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Smacken.com's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. Smacken.com may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Smacken.com. If Smacken.com terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Smacken.com. Smacken.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Smacken.com reserves the right to refuse service to anyone for any reason at any time.
Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Pennsylvania, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Pennsylvania, for the resolution of any such dispute.
Other. The failure of Smacken.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Smacken.com and govern your use of the Service, superseding any prior agreements between you and Smacken.com (including, but not limited to, any prior versions of the Terms of Service).