LAST UPDATED ON NOVEMBER 12, 2019
- The Site is intended for adults only, therefore, You must be 21 or older to enter or use the Site. We ask parents or legal guardians to assist us by supervising the activities of their children and preventing minors from entering or using the Site.
- We reserve the right to change, add or remove portions of these Terms at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such modifications shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Site.
- The Site may be temporarily unavailable from time to time for maintenance or other reasons. Further, we may delete materials that (i) have been stored for an excessive period of time; (ii) are out-of-date; or (iii) relate to an inactive account. Without limiting the foregoing, and notwithstanding anything contained in the Terms, we have the right from time to time to change the amount of any fees charged, or to institute new fees relating to new or existing services on the Site. If You do not agree with any changes to the Site, You may discontinue Your use of this Site or terminate Your account in accordance with Section 23.
- You agree to act responsibly on this Site and to treat other participants with respect. We do not control the behavior of the participants on this site and do not assume responsibility for the content or context of participant’s comments or posts.
- We may request that User open an account to access certain areas of the Site. You must create an account to access such areas. When creating an account, You must provide us with accurate and complete registration information as prompted. You must promptly notify us if any of this information changes. If You fail to provide or update this information, we may terminate Your right to access such areas of the Site or to the Site as a whole. You may be asked to create a password. You must keep Your password confidential. You will be responsible for all use of Your password and account, including, without limitation, any use by any unauthorized third party. You must notify us if You believe your password or account has been obtained or may be accessed or used by an unauthorized person or entity. In addition, You must notify us immediately if You become aware of any breach or attempted breach of the security of the Site. We recommend that You change your password often. Under no circumstances should You respond to a request for Your password, particularly a request from an individual claiming to be our employee as we will never ask for Your password.
- The Site may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may not use any information on the Site without the prior written consent of General Cigar.
- Use of this website by You constitutes the grant of a limited license, not a transfer of title. Under this license You may not:
- modify or copy the materials
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- attempt to decompile or reverse engineer any software contained on this website
- remove any copyright or other proprietary notations from the materials
- transfer the materials to another person or “mirror” the materials on any other server.
- We prohibit the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit language that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and You agree to comply with all requirements, legal or other. Additional prohibitions include URL (Universal Resource Locator) or hyperlinks within a posting or image, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than Your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM").
- We strongly oppose SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Site. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
- We likewise prohibit the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, user account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
- By posting material or content to this Site, You hereby grant us an irrevocable, perpetual, non-exclusive, royalty-free sublicenseable worldwide license and right to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the material or the content in any existing or future media, known or unknown. You further represent and warrant that You own all rights to any material or content You post.
- You expressly agree that we may remove, disable or restrict access to, or availability of, any material or content from this Site (including, but not limited to, material or content which You have posted or stored) that is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act (“DMCA”) or that we believe, in good faith and in our sole discretion, violates the Terms. If You believe we may have acted mistakenly in this regard, You may contact us by email at email@example.com, in which case we may investigate the matter further. We reserve the right however, to take no further action. The provisions of this Section 13 are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of action. Under no circumstances may We be held liable for removing, disabling or restricting access to or the availability of any material or content.
- If You believe that someone has posted material or content that violates the Terms or the law, we ask You to promptly notify us by email at firstname.lastname@example.org. You must use this address if you want to ensure that Your complaint is actually received by the appropriate person charged with investigating alleged violations. Please provide us with sufficient detail to allow Us to effectively respond. At a minimum, please include (i) the nature of the offending material or content; (ii) all facts that lead You to believe there has been a violation; (iii) in the case of an infringement, any grounds that make You believe that the person who posted the material or content was not authorized to do so; and, if (iv) if known, the identity of the person or persons who posted the violative material or content. By lodging a complaint, You agree that the substance of Your complaint will be deemed to constitute a representation made under penalty of perjury under the laws of the State of New York. In addition, You agree, at Your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against Us, and all losses incurred, as a result of Your complaint and/or Our response to it. We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third parties that take place on this Site. You agree that We have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of the complained of material or content. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If You believe that Material remains on this Site that violates Your rights, Your sole remedy will be against the person(s) responsible for posting or storing it, not against us. By taking advantage of the Good Samaritan procedures set forth in this Section 14, You waive any and all claims or remedies which You might otherwise be able to assert against us under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to material or content posted by Users on this Site or our response, or failure to respond, to a complaint.
- If we determine in our sole discretion that a violation of the Terms has occurred, We may pursue any of legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms. We also could pursue legal claims for violations of criminal and/or civil laws as applied by the relevant jurisdiction. We will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to You. If we believe in our sole discretion that any user content or involvement with the site may create liability for Us, we may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, we reserve the right to refuse use or access to the Site or this service to anyone at any time, and to remove any User content for any reason, and without notice.
- We have no obligation to provide Users with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion.
- Your license to use the Site is conditioned on Your adherence to the Terms. If You violate any of the Terms, You agree that we may deny You access to the Site. You further agree, at Your own expense, to defend and indemnify us and to hold us harmless from and against all claims which may be asserted against us, and all losses incurred, as a result of any of Your violations of this Agreement.
- DISCLAIMER OF WARRANTIES.
- YOU AGREE THAT USE OF THE SITE IS AT USER'S SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. GENERAL CIGAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GENERAL CIGAR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
- USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM USE OF THE SITE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM GENERAL CIGAR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- LIMITATION OF LIABILITY. USER AGREES THAT NEITHER GENERAL CIGAR NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF GENERAL CIGAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT GENERAL CIGAR SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT GENERAL CIGAR SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
- You agree not to resell or assign Your rights or obligations under the Terms.
- There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between General Cigar and any User of the Service.
- Any notice between You and us shall be made by either email or regular mail. You may terminate your account at any time by notifying us at email@example.com. Upon termination, you will receive an automated confirmation via e-mail that the termination was processed.
- This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
- These Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. User and General Cigar agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
- The failure of General Cigar to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of these Terms shall remain in full force and effect.
- By entering into the Terms, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with the Site, any related services or the Terms must be individually asserted. User further agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the Site, any related services or the Terms must be filed within one (1) year after such claim or cause of action arises or be forever barred.
Please help us keep the CigarWorld.com site an enjoyable experience for all Users. If You observe material or behavior that may violate these Terms, please contact us at firstname.lastname@example.org.