PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.
These Terms of Service are hereby effective on April 21, 2015 and will apply to the website that you are visiting, VenturaCigar.com (the “Website”), which is owned by Ventura Cigar Company, and sets forth the terms that Ventura Cigar Company offers you access to the Website and the terms you accept by accessing the Website. Your use of the Website constitutes your acceptance and agreement to the following terms:
Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of our Website. You may not use the Website for any illegal or unauthorized purpose. You agree that you will not access the Website from any territory where its use or contents is illegal, and that you, and neither Ventura Cigar Company nor its affiliates, are responsible for compliance with applicable local laws. Should you be found to have engaged in illegal or abusive usage of our Website, Ventura Cigar Company will suspend your account or usage as applicable.
In order to receive notices or other communications electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any notices or other communications, if you so choose. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Access Costs, Equipment, and Software: You must provide at your own expense the equipment and Internet connections that you will need to access the Website. The Website may require the use of certain third-party software. You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access or use the Website.
Use of Material From The Website: All contents of the Website, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works and data found on the Website (collectively, the “Materials”), are the property of and owned by Ventura Cigar Company or its licensors, and is protected by copyright, trademark and other laws of the United States and other countries. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.
Material You Submit: You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and right to grant a license to use any such material. You may not upload to, distribute or otherwise publish through the Website any content that (i) is libelous, defamatory, fraudulent, obscene or threatening; infringing on third parties’ intellectual property rights, including but not limited to trademark, copyright or patent rights, right of publicity, right of privacy, trade secret or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site.
BY SUBMITTING A PHOTO, COMMENT OR OTHER CONTENT (COLLECTIVELY, “CONTENT”), YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE POSTED ON VENTURACIGAR.COM AND/OR OTHER WEBSITES OR SOCIAL MEDIA PLATFORMS OWNED OR CONTROLLED BY Ventura Cigar Company, OR ITS AFFILIATED COMPANIES, IN ITS SOLE DISCRETION. Ventura Cigar Company reserves the right to, and may or may not, monitor or screen Content prior to posting it. By submitting Content you acknowledge that Ventura Cigar Company has no obligation to use or post any Content you submit.
By submitting Content you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtained permission from any person who’s name, or likeness is included in the Content (if any); and (d) that publication of the Content by Ventura Cigar Company will not infringe on any third party rights. By submitting Content you hereby agree to indemnify and hold harmless Ventura Cigar Company, its brands and its affiliated or associated companies from any claims to the contrary.
By submitting Content you grant Ventura Cigar Company, its brands, and their agents an unlimited, worldwide, perpetual, license and right to publish, use, display, publicly perform, adapt and modify the Content, or any component thereof, with or without attribution, as well as to use your name, likeness, and other personally identifying indicia (“Name and Likeness”), in any way, including for advertising and promotional purposes, in any and all media, without limitation at to time or territory, and without additional consideration to you. You acknowledge that you have no right to review or approve how your Content or Name and Likeness is used.
By submitting a photo, video, essay or comment, you are granting Ventura Cigar Company certain rights to use the photo, video, essay, or comment, as well as your name and likeness, as set forth in these terms of submission.
Trademarks and Copyrights: The Website may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of Ventura Cigar Company and its affiliates or licensors. The Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. The Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries.
Intellectual Property Rights of Others: We respect the intellectual property rights of others, and we request that our visitors do the same. This website includes user-submitted materials, and we cannot and do not monitor all of the material submitted to the site.
By using the site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the site and any content on the site, including, but not limited to, whether you should rely on such content.
Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the site, and to reject, delete, disable or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third parties or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable or remove any content at any time, for the reasons set forth above, for any other reason or for no reason.
If you believe your work has been used in a manner that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:
Inside Legal Counsel for Kretek International
Please include all of the following in your notification:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
- A description of the work you claim has been infringed;
- A description of where the material you claim is infringing is located on the site, including by providing a URL to the page containing the material;
- Your address, telephone number, email address and all other information reasonably sufficient to permit Ventura Cigar Company to contact you;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Disclaimers: The material contained on the Website may contain inaccuracies and typographical errors. You agree that we are not liable for content that is provided by others. We have no duty to prescreen content that is submitted by third parties (including you) to the Website, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, VENTURA CIGAR COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VENTURA CIGAR COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. VENTURA CIGAR COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER VENTURA CIGAR COMPANY NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THE WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Jurisdiction: This Website has been designed to comply with the laws of the United States. If any material on the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. We recognize that it is possible for you to obtain access to the Website from any jurisdiction in the world, but we have no practical ability to prevent such access. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Any disputes that arise out of this Agreement which cannot be settled by negotiation will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association (“AAA”), which shall be the appointing agency of arbitrator(s) and provide its traditional administrative services. The arbitrator(s) shall apply the laws of the State of North Carolina to the arbitration proceedings. The parties may agree to the venue for the proceeding, but in the absence of mutual agreement the venue shall be Los Angeles, California. All expenses relating to the arbitration, including attorney fees shall be borne by each party as incurred.