Terms of Service/End User License Agreement

  • CIGAR SOCIAL CLUB LLC (“Company” or “us” or “we” or “our”) owns and operates the Cigar Social mobile application (individually, the “App,” and collectively with any related Company services, the “Services”). These Terms of Service/End User License Agreement (“Agreement”) apply to anyone (“you”) who establishes a user account (“Account”) or otherwise uses the Services. All use of Company’s Services by you and any other user of the Services is subject to the terms and conditions contained in this Agreement.
    This Agreement only applies to the Services identified above. Other apps, services, or other online content may have their own terms or conditions of use which should be reviewed.
    This Agreement is effective as of: November 1, 2021.
    IMPORTANT, PLEASE READ CAREFULLY:  THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND COMPANY, GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES, AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES. BY REGISTERING AN ACCOUNT FOR THE SERVICES, BY CLICKING ANY BOX OR BUTTON INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY OTHERWISE ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. ACCORDINGLY, YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY YOU REPRESENT AND WARRANT THAT: (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND MAY BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT; AND (2) SUCH ENTITY HAS FULL POWER AND AUTHORITY, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. THE SERVICES ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO BE SO BOUND, YOU ARE NOT AUTHORIZED TO USE THE APP OR ANY OTHER COMPANY SERVICES. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
    Company may offer contests or other features that have their own special terms, and to the extent any portion of those special terms conflict with the terms of this Agreement, the special terms will govern for that specific portion unless stated otherwise.
    You understand and agree that Company may modify this Agreement at any time without prior notice. You should visit this page from time to time to review the current version of this Agreement. In the event of a modification to this Agreement, you will be asked to accept the Agreement as modified when you next log in to the Services. If you do not accept the terms of the Agreement as so modified, you shall not be permitted to log in to the Services. You may read a current, effective version of this Agreement at any time by selecting the applicable link on the App or through any other Company Services. By using the App or any other Company Services subsequent to any modification of this Agreement, you agree to be bound by such modification(s).
    In accordance with 47 U.S.C. § 230, you should be aware that there are content control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist you in limiting access to material that is harmful to individuals below a certain age. Examples of some of these protection services include Qustodio, Locategy and Mobicip. Please note that Company in no way endorses or is responsible for these services.
    Provision of Services. 
     
    Purpose of the Services.  The purpose of the App is to provide you with information about the App and Company’s other Services, such as the variety of features and ways in which you can use the Services. The Services are intended for communication, informational, and entertainment purposes as well as for other interactive uses. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. Under no circumstances are the Services intended to sell, advertise, promote, or otherwise indicate any affiliation, sponsorship or endorsement of any products referenced on the App or through the Services, and Company is not responsible for your use of any such third-party products referenced on or through the Services.  You agree any use of products referenced on or through the Services is done at your own risk, and you will only use the App and any other Company Services for their intended purposes, and not for other commercial ventures without first seeking approval from Company. You may not use the Services to establish any independent data files, databases, compendiums, or any other reference materials.
     
    License/Grant of Rights.  Subject to the terms and conditions of this Agreement, Company hereby grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Services in a manner that is consistent with the other terms in this Agreement and the intended purposes of the Services for the duration of any authorized permission to access and use the Services. You agree this is the grant of a license, not a transfer of title, and under this license you may not attempt to decompile or reverse engineer any software contained on or through our Services or transfer the content to another person or “mirror” the content on any other server. Company reserves the right to terminate this license for any or no reason and at any time without notice to you including, but not limited to, for breach of any term contained in this Agreement. All rights not expressly granted to you are reserved by Company and its licensors. 

  • Eligibility Requirements.  By entering into this Agreement, you represent and warrant that you meet the following minimum requirements (“Eligibility Requirements”): (i) you have the necessary rights and authority to enter into and perform the obligations required of you as an Account holder under this Agreement; (ii) all information and other data and information which you transmit using the Services (collectively, “Account Data”) is and will remain within your right to use and is accurate, complete and current; (iii) your use of the Services will comply with all applicable laws and regulations; and (iv) you will not infringe the rights of any third party (including, without limitation, any intellectual property rights or privacy rights) in your use of the Services.

  • Restrictions. You agree you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Company. The Services shall not be used for or in any high risk environment. You shall not (and shall not allow any third party to): (i) permit any third party to access or use the Services except as envisioned by the Services in its normal operation or as set forth in this Agreement; (ii) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Services; (iii) use any unauthorized robot, spider, scraper, or other automated means to access the Services, or engage in any scraping, data-mining, harvesting, data aggregating or indexing of the Services except to have a copy of your own Account Data; (iv) create any derivative works based on the Services; (v) remove any proprietary notices, labels, or marks from the Services or associated content; (vi) frame or mirror any content forming part of the Services; (vii) access the Services to build a competitive product or service; or (viii) copy any ideas, features, functions or graphics of the Services. 
     
    Responsibility for Account Access.  If you are a registered Account holder and use a username and password or other Account access information, you will be responsible for all activities occurring under your Account and for keeping your password secure. Company assumes no responsibility or liability for the violations of anyone using your Account. You shall provide Company with prompt notice if you suspect your Account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any person’s use of the Services under your Account, or of any unauthorized access to or use of your Account, you agree to immediately notify Company at apps@cigarsocial.com of any unauthorized use of your username and password or any other breach of security you know about in related to the Services. Any Account holders may cancel their Account(s) at any time by contacting support@cigarsocial.com. Company may investigate any complaints and violations that come to its attention and may take any (or no) action it believes is appropriate in response to such matters including, but not limited to, issuing warnings, removing any content at issue, and/or terminating Accounts. Under no circumstances will Company be liable in any way for any data or other content transmitted or viewed by you or any other users of the Services including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. Without limiting any of its other rights or remedies, Company reserves the right to suspend your access to the Services if Company reasonably believes that you have materially violated the restrictions and obligations in this Agreement. If Company suspends or terminates your Account, you acknowledge that all information and content associated with your Account will no longer be available to you. 
     
    Access to and Use of the Services.  Use of the Services requires one or more compatible devices, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed internet access is recommended. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable store page before downloading the App. To download the App, you will need a valid account for the online store where the App is available (as applicable to your device). You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating.

  • Retention Limits.  You acknowledge that Company may establish general practices and limits concerning use of the Services including, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Company's Services on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted through the Services. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  • Mobile Service.  Certain Services are available via a mobile device including, without limitation: (i) the ability to upload content through the Services via a mobile device; (ii) the ability to receive and reply to messages and receive and send text messages from a mobile device; (iii) the ability to use the App and other Services from a mobile device; and (iv) the ability to access certain features through the App and other applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may apply to your use of such Mobile Services. 

  • Account Holder Cooperation.  As an Account holder, you agree that you shall: (i) reasonably cooperate with Company in all matters relating to the Services; (ii) respond promptly to any Company request to provide information, approvals, authorizations, or decisions that are reasonably necessary for Company to provide the Services in accordance with the terms of this Agreement; and (iii) provide such materials or information as Company may reasonably request so that we can provide the Services and ensure that such materials or information are complete and accurate in all material respects.
     
    Intellectual Property Rights and Ownership. 
     
    Company Content.  Other than the exceptions referenced in this Agreement, the major exception being user generated content which remains the property of the respective Account holder or other user of the Services that uploads or posts such content as set forth in Section 5, below, all other content or material available on or through the Services is the property of Company including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, graphics, images, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files (collectively, “Company Content”). All Company Content is either owned by Company or made available to Company through arrangements with third parties.
     
    Intellectual Property Rights.  Certain elements of Company Content available through the Services including, but not limited to, text, graphics, photographs, images, video, audio, color selections, organization and layout, are protected by United States and international copyright laws or other applicable intellectual property laws. Any Company Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works from, or reverse engineered without permission, except that you may print out one copy of each page of the App solely for non-commercial personal or educational use. Unauthorized use of any Company Content may result in violation of copyright, trademark, and other applicable laws related to intellectual property protections. 

  • Restrictions on Use of Company Content.  You acknowledge that no right, title, or interest in or to any Company Content is transferred to you as a result of you accessing, downloading, or printing Company Content from the App or other Services, and you will not use, copy or display Company Content except as permitted under this Agreement. No other use is permitted without Company’s prior written consent. You must retain and display all copyright, trademark, and other proprietary notices contained in the Company Content on any authorized copy you make of Company Content. You may not sell, transfer, assign, license, or sublicense any Company Content. The use or posting of any Company Content on or through any other online service or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Company Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of the Company Content. Company Content protected by this Section 2 includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party Company Content.

  • Trademarks.  CIGAR SOCIAL CLUB LLC and other trademarks, service marks, and logos of Company (the “Company Trademarks”) used and displayed through the Services are registered or unregistered trademarks or service marks of Company. Other company, product, and service names available through the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” and, collectively with the Company Trademarks, the “Trademarks”). Nothing available on or through the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or through the Services without the prior written consent of Company for each such specific use. Use of any Trademarks as part of a link to or from any web site or other online service is prohibited without Company's prior written consent. All goodwill generated from the use of any Company Trademark shall inure to Company’s benefit. All rights not expressly granted herein are reserved to Company.
     
    Term & Termination. 
     
    Term.  The term of this Agreement shall begin when you register to set up an Account, download the App, or otherwise start using the Services and, unless otherwise notified by Company, such term shall continue for as long as you use the Services or until terminated pursuant to this Agreement (“Term”). 
     
    Company Right of Termination.  Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and/or your Account and/or your access to all or any part of the Services without prior notice or liability in response to your breach of any term in this Agreement.  Company reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.

  • Effects of Termination.  Upon any termination of this Agreement: (i) all rights Company granted to you shall terminate and Company shall no longer provide you with access to the Services; (ii) you shall cease using the Services; and (iii) Company may delete your Account Data. 
     
    Fees; Taxes.
     
    Fees.  Unless stated otherwise, you will be charged a one-time fee when you first download the App. You acknowledge that the Company reserves the right to charge for any portion of the Services and to change its fees (if any) from time to time in its discretion. All fees paid by you for your use of any portion of the Services are non-refundable.
     
    Taxes.  All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the Services, or your access to the Services. You shall be solely responsible for all such taxes, duties and charges, as applicable.
     
    User Generated Content and Account Data.
     
    User Generated Content.  The Services may allow you to upload your own user generated content (“UGC”) in certain locations or as part of your use of the Services. Any UGC you transmit, post or otherwise make available on or through the Services, which includes any comments, pieces, ideas or other information, material or content you make available in any form including, but not limited to, any visual or audio data, is made available to Company on a non-proprietary and non-confidential basis. You hereby grant to Company and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (i) displaying and demonstrating the capabilities and functioning of the Services; (ii) marketing the Services, in any media now known or hereafter developed; and/or (iii) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other Account holder or user of the Services to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.
     
    Consent to Use Personal Data.  You hereby agree that to the extent you include in your UGC any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”), Company may process and disclose such information as necessary to: (i) fulfill Company’s obligations under this Agreement; (ii) comply with any applicable legal obligations; (iii) avoid any imminent harm to you or another person; (iv) carry out tasks in the public interest; or (v) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree that you will at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other individuals through the Services to Company and its affiliates, subcontractors, agents, successors and/or assigns. 
     
    Account Data.  Your Account Data will not be used by Company except as described in this Agreement. Company agrees to protect your Account Data with no less than industry-standard information security tools and procedures. You hereby grant to Company and its licensors a limited, non-exclusive, non-transferable, royalty-free right to use, reproduce, manipulate, and display your Account Data solely in connection with providing the Services to you. Company may analyze your Account Data, and the data of other Account holders, to create aggregated and anonymized statistics or data that do not generally identify you or any individual, household, user, browser, or device and Company may, both during and after the Term, use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining all of your Account Data. Company shall operate the Services in a manner that provides reasonable information security for your Account Data, using commercially reasonable data backup, security, and recovery protections. 
     
    Privacy Policy.  All information provided by you or collected by us is governed by our Privacy Policy, which is hereby incorporated by reference into this Agreement.

  • Regulations.  Company reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC.  You waive and hold Company harmless from any claims resulting from any action taken by Company during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Company or law enforcement.

  • Content Moderation.  You acknowledge and agree that Company may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, but not limited to, to address any UGC that Company determines is inappropriate or disruptive to the Services or to any other user of the Services. Company has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC.

  • UGC Representations and Warranties.  You represent and warrant to Company that any UGC you make available on or through the Services is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.

  • No Endorsement.  The transmitting, posting, or making available of UGC through the Services does not indicate any approval or endorsement by Company of such UGC. Company is not responsible for, and hereby disclaims any and all liability that may arise from the UGC or any act of accessing, browsing, contributing to, or otherwise using the Services.

  • DMCA Notice Procedure.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send Company a notice requesting that the material be removed, or that access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://copyright.gov/ for details). Notices and counter-notices with respect to the Services should be sent via registered mail to Company’s designated agent for notice of claims of copyright infringement at:

  • By Mail
    Cigar Social Club LLC
    [ADD MAILING ADDRESS – SHOULD NOT BE A PERSONAL ADDRESS BUT CANNOT BE A P.O. BOX.]
    Attn: Copyright Agent
    By Email
    support@cigarsocial.com
    Under the DMCA, notices must include all of the following details:
    An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;
    A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
    Information reasonably sufficient to permit Company to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
    A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
    A statement, made under the penalty of perjury, that the information in the notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Company takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any Accounts and/or users that are connected to valid and repeat copyright infringement complaints.
     
    If you believe that any UGC available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to support@cigarsocial.com detailing your allegation.  Company takes infringement of intellectual property rights seriously and will investigate the matter.
     
    Additional Responsibilities.  You are solely responsible for all UGC and any other Account Data that you or anyone using your Account uploads on or through the Services. Company does not guarantee the accuracy, integrity or quality of UGC or any user’s Account Data. 
     
    Acceptable Use Policy.


  • Interactions with Others.  In using the Services, you may interact with other Account holders and users of Company’s Services. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with the terms of this Agreement. Company is not responsible for the conduct of any other Account holder or user of the Services who may interact with you, regardless of whether or not it is done through the Services. Much of the information and other content circulated through the Services is UGC. Company cannot guarantee that any UGC is accurate, complete, reliable, or updated on any regular basis. Company has no direct control over any UGC, and therefore Company is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any UGC. None of the UGC available on or through the Services is fact-checked or maintained by Company.
     
    Interactions with Third-Party Providers of Content and Services.  By using the Services, you may also need to interact with persons or entities that use the Services in connection with the promotion of their own third-party products and/or services to other users of the Services (such persons or entities are referred to as “Service Providers” and their services are referred to as “Third-Party Services”). Company makes no representation or warranty: (i) that any Service Provider shall be willing or able to provide you with Third-Party Services; (ii) that any Service Provider or Third-Party Service shall be satisfactory or meet your needs; (iii) as to the completeness or quality of any Third-Party Service; (iv) as to the truth, accuracy, completeness, quality, or usefulness of any information communicated to you by a Service Provider (“Third Party Information”); or (v) as to the qualifications or expertise of any Service Provider. Company does not endorse or recommend any Service Provider or Third-Party Service, and is not involved with the substance of your relationship with any Service Provider. You acknowledge that Third-Party Information does not represent Company's opinion or advice. In no event shall Company: (x) be liable for any damages whatsoever resulting from your reliance on Third-Party Services or Third-Party Information; (y) have responsibility for any act or failure to act of any Service Provider; or (z) refund any amounts paid by you for any Third-Party Service (including instructions performed by Service Provider). You acknowledge that Service Providers are not employees of Company. You hereby release the Company Parties (as defined below) from any claims, actions or demands arising or resulting from the acts of Service Providers.
     
    Compliance with Applicable Law.  You agree that you are responsible for your UGC and your use of the Services. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to: (i) United States export control law and any other laws regarding the transmission of technical data exported from your country of residence; (ii) all anti-spam, privacy, and anti-terrorism laws and regulations; and (iii) any applicable laws requiring the consent of subjects of audio and video recordings. You agree that you are solely responsible for your compliance with all such laws and regulations.

  • Prohibited Conduct.  In connection with your access to and/or use of the Services, you agree that you will NOT transmit, post or otherwise make available through use of the Services any UGC or Account Data that:

  • Violates this Agreement, including, without limitation, the Company Privacy Policy or any applicable laws, rules, or regulations; 
     
    Is unlawful, harassing, abusive, tortious, threatening, harmful, hateful, libelous, defamatory, obscene, offensive, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, is invasive of another’s privacy, or is otherwise objectionable; 

  • Intentionally discriminates against or harasses particular individuals or groups, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

  • Seeks to boycott or otherwise create an adverse economic impact on any Account holder, Service Provider, or other person or entity based on such person or entity expressing an opinion or belief;

  • Incites, promotes, or engages in any planning or advocacy for violence, rioting, illegal activities or contributes to the creation of weapons, illegal materials, or otherwise is violent in nature, illegal, or would give rise to criminal or civil liability in any way;

  • Includes the Personal Information or other non-public data of any other person without his or her express consent; 

  • Constitutes protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or any regulation, rule, or standards issued thereunder, or similarly protected sensitive Personal Information under any applicable state law, rule, or regulation;

  • Infringes any third party's intellectual property rights or other third-party rights;

  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Provides any false, deceptive, fraudulent, or misleading information or content to Company, other Account holder or users of the Services, Service Providers or any other third party through your use of the Services;

  • Impersonates any person or entity, including any Company employees, misrepresents yourself or falsely states or otherwise misrepresents your affiliation with any person or entity;

  • Implies that Company endorses any of your statements or positions;

  • Disrupts, interferes with, or imposes an unreasonable burden on the Services, the infrastructure of the Services, and/or servers or networks connected to the Services; or

  • Constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

  • Other Prohibitions.  Further, in connection with your access to and/or use of the Services, you agree that you will NOT:
     
    Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Services and/or Company’s computers, servers or networks, or any other Account holder’s or other users’ computers or systems;
     
    Make unauthorized attempts to modify any information stored on or through the Services;

  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services;

  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Services; 

  • Delete or alter any material posted on or through the Services by Company or any other person or entity; or

  • Cause Company to violate any applicable law, rule or regulation, including those regarding the export of technical data.
     
    Company reserves the right, but has no obligation, to review any UGC or Account Data, investigate any claim related to UGC or Account Data, or take appropriate action, in its sole discretion, against the person or entity at the origin of the content that creates any liability for Company. Such actions may include removing, exercising any indemnity and termination rights contained in this Agreement, and reporting such UGC or Account Data to law enforcement authorities.
     
    External Services.
     
    External Services.  The App and certain other Services contain links to third-party online services that are not owned or operated by Company (“External Services”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The display of links is not meant to imply that Company guarantees, approves, or recommends the External Services or any information, products, or services available on or through those External Services. The content of such External Services is developed and provided by others, and the links are not meant to indicate any association between the External Services and Company. You should contact the administrator for those External Services if you have any concerns regarding such links or any content located on such External Services. Company is not responsible for the content of any linked External Services including, without limitation, any links displayed on such External Services, and does not make any representations regarding the content or accuracy of any materials on such External Services. You should take precautions when downloading files from all web sites, mobile apps or other online services to protect your computer from viruses and other destructive programs. If you decide to access any External Services, you do so at your own risk, and will be subject to the terms of service, privacy policies, and other agreements or policies applicable to such External Services.
     
    Third-Party Social Media.  Company may also allow for integration and other interactions between the Services and other third-party social media platforms.  This may include integration with third-party buttons or plugins available on of through the Services that when used, may allow you to share content from our Services or other content with other persons on or through the third-party social media platforms or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the respective level of sharing. Company has no control over these third-party social media platforms and you use these interaction functions at your own risk.  Company is in no way liable for any harm to you as a result of using one of these social media interaction functions.
     
    Warranty Disclaimers.
     
    Disclaimer.  TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SERVICES AND COMPANY CONTENT. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND COMPANY CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE COMPANY CONTENT OR ANY OTHER INFORMATION CONVEYED ON OR THROUGH THE SERVICES OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA FROM WHATEVER CAUSE. YOU ACKNOLWEDGE AND AGREE THAT YOU USE THE SERVICES AND COMPANY CONTENT AT YOUR OWN RISK.
     
    Additional Disclaimer.  THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY PARTIES DO NOT WARRANT THAT THE COMPANY CONTENT OR ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

  • Services Provided “As Is.”  TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ANY COMPANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE COMPANY PARTIES DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE COMPANY PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
     
     
    Limitations of Liability; Damages Cap.
     
    Limitation of Liability.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE TO ANY ACCOUNT HOLDER OR OTHER USER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (i) THIS AGREEMENT; (ii) THE USE OR INABILITY TO USE THE SERVICES; (iii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (iv) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY CONTENT OR LINKS AVAILABLE ON OR THROUGH THE SERVICES. 
     
    Damages Cap.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100 USD).  IT IS AN ACCOUNT HOLDER’S SOLE RESPONSIBILITY TO OBTAIN ANY INSURANCE COVERAGE RELATED TO ANY ACTIVITIES CONDUCTED OR PROMOTED BY THE ACCOUNT HOLDER THROUGH THE SERVICES PROVIDED BY COMPANY.

  • Basis of the Bargain.  THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 ARE A FUNDAMENTAL BASIS OF THE BARGAIN, THAT COMPANY HAS SET ITS FEES IN RELIANCE ON THE ENFORCEABILITY OF THESE PROVISIONS, AND THAT THEY SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE.

  • Scope of Applicability.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES TO ANY ACCOUNT HOLDER OR OTHER USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  • Remedy.  IF YOU ARE DISSATISFIED WITH COMPANY’S SERVICES OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
     
     
     
    Indemnification.
     
    Account Holder/User Indemnification.  You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, demands, losses, costs, damages, liabilities, judgments, awards, and expenses including, without limitation, reasonable legal and accounting fees, costs of defense and direct, indirect, punitive, special, individual, consequential, or exemplary damages the Company Parties suffer in relation to or resulting from, or for the purpose of avoiding, any third-party claim or demand that relates to: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Services, or the use of the Services by any person or entity using your password; (iii) any violation of an applicable law or regulation by you through your use of the Services; or (iv) your violation of an applicable law through your use of the Services.
     
    Indemnification Process.  Company shall provide notice to you of any such indemnification claim, suit, or proceeding.  Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 10. In such case, you agree to cooperate with any reasonable requests in assisting Company's defense of such matter. Your indemnification obligations shall survive the termination this Agreement.
     
    Additional Terms for the App.
     
    The App.  As mentioned, we may make software available to access the Services through an App on your mobile device. To use the App, you must have a compatible mobile device. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable store page before downloading our App. Company does not warrant that the App will be compatible with your mobile device. You acknowledge and agree that the system requirements for the App, which may be changed from time to time, are your responsibility. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use  the App for one Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Company may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party licenses or EULAs, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. The software for the App originates in the United States, and is subject to United States export laws and regulations. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Services. To download the App, you will need a valid account for the online store where the App is available (as applicable to your device). 
     
    Mobile Applications from the Apple App Store.  The following applies to any App you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as it relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
     
    Mobile Applications from Google Play Store.  The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
     
    Miscellaneous.
     
    International Concerns.  Company operates the Services from the United States. We make no claims concerning whether the Services including, without limitation, any Company Content, may be downloaded, viewed, or appropriate for use outside of the United States. If you access the Services or Company Content from outside of the United States, you do so at your own risk and are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By using the Services, you agree and acknowledge that information about you, including any Personal Information, may be transmitted to, processed in, and stored in the United States.
     
    Export Controls.  The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any portion of the Services to countries or persons prohibited under the export control laws. By accessing, using, or downloading the Services, including without limitation any Company Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Services and any Company Content.

  • No Responsibility for Technical Issues.  Company is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Company’s computer or network systems, including any Company hardware or devices, that may or may not result in the disclosure of any Personal Information you provided to us. Company does not assume any liability or responsibility for your use of the internet or the Services including, but not limited to, any change your computer, device, or related systems may sustain as a result of accessing or using the Services.

  • Feedback.  Company does not accept unsolicited content or ideas you may attempt to transmit to us directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Company unsolicited content or ideas, you agree that Company may use such content and ideas in any way Company wishes without any compensation to you.

  • Use Caution When Posting.  Any information you submit or provide on or through the Services might be publicly accessible. You should be careful to protect any confidential, proprietary, or otherwise important and private information. Company is not liable for the security of any information transferred through the internet or any other network that you may use.

  • Opinions and Recommendations.  You acknowledge that any opinions or recommendations available on or through the Services are not necessarily those of Company nor endorsed by Company. Company does not guarantee or promise that any opinions or recommendations available on or through the Services are accurate or will be helpful to any issue you may have. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. YOU AGREE THAT COMPANY IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM THAT MIGHT RESULT FROM USING OR IMPLEMENTING IN ANY MANNER ANY OF THE OPINIONS OR RECOMMENDATIONS FOUND THROUGH THE SERVICES.

  • Notice for California Residents.  If you are a California resident, in compliance with your rights under California Civil Code Section 1789.3, you have the right to contact Company with any complaints or to seek additional information. You may email Company at support@cigarsocial.com. You may also call _____________________. For any physical documents, you may send mail to _________________________.

  • If California users have any questions or complaints about Company, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210. Hearing impaired persons may call 916-928-1227 or 800-326-2297 via TTY device.

  • Governing Law.  Any question, claim, or controversy arising out of or related to this Agreement (a “Dispute”) will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflicts of laws provision.

  • Disputes.  In the event of any Dispute, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the Commonwealth of Pennsylvania. You hereby irrevocably and unconditionally consent to waive any objection to the venue of any such litigation in the courts of the Commonwealth of Pennsylvania, and you expressly agree not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.

  • Waiver.  Any failure of Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

  • Severability.  If any provision of this Agreement is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect to the extent permitted by law. 

  • Interpretation.  Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly otherwise in specific instances, use of the words “include,” “includes,” or “including” in this Agreement shall not be limiting and “or” shall not be exclusive.

  • Entire Agreement; Survival.  This Agreement constitutes the entire agreement of the parties with respect to the Services and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Company, with respect to the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination or expiration of this Agreement.
    If you need to contact Company for any reason not already specified in this Agreement, please use the following contact information:
    ADDRESS:    _________________________________
    PHONE:    _________________________________
    EMAIL:        _________________________________