TERMS OF USE AND PRIVACY POLICY
Welcome to CigarSteward.com(the “Site”)!
Your use of this Site indicates your acceptance of these Terms of Use and Privacy
Policy (“Terms”). This Site is owned and operated by Sound Interactive, LLC (the
“Company”).
Proprietary Rights
Cigar Steward and the Cigar Steward lions and shield logo are trademarks of the
Company, protected under the United States and foreign laws. Except where otherwise
indicated, the content featured or displayed on this Site, including, but not limited
to, text, graphics, photographs, images, moving images, sound, illustrations and
software, belong to the Company, its licensors and its content providers, and is
protected by copyright, trade dress, moral rights, trademark and other laws relating
to intellectual property rights, to the fullest extent applicable under both United
States and foreign laws. Unauthorized use of the materials available on this Site
could subject you to liability under copyright, trademark, trade dress, unfair competition,
and other laws of the United States. Other parties’ trademarks used, depicted or
identified on this Site are the property of their respective owners, used here by
permission, and may be registered in one or more countries. Use on this Site of
the trademark(s) of any other party is not intended to imply the Company’s affiliation
with or endorsement of that party, or that party’s sponsorship or endorsement of
the Company, its products or services.
We avail ourselves of the protections of the Digital Millennium Copyright Act and
reserve the right to remove any content that is alleged to infringe the copyright
of another party. Notices to us regarding any alleged copyright infringement on
this Site should be directed to: admin@cigarsteward.com
Third Party Advertisers and Websites
This Site may contain advertising. Advertisers are responsible for ensuring that
material submitted for inclusion on this Site is accurate and complies with applicable
laws. We are not responsible for advertisers’ materials, and make no representation
with respect to the goods and services advertised or the legality or accuracy of
such advertising.
This Site may contain links to websites not operated or maintained by the Company.
The Company is not responsible for the content of the websites of others and makes
no representation regarding the content or accuracy of materials on such websites.
If you decide to access linked third-party websites, you do so at your own risk,
and waive any and all claims against the Company regarding the inclusion of links
to outside websites or your use of those websites.
Contributions
“Contributions” is used to refer to any content on this Site that is created and
posted to this Site by its users. You acknowledge and agree that your Contributions,
including without limitation, postings in any user forums and tasting notes on this
Site, will be accessible by other users of this Site. By posting Contributions,
you are granting to the Company and its licensees a worldwide, royalty-free, perpetual,
non-exclusive and irrevocable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and display
such Contributions (in whole or in part) and/or to incorporate your Contributions
in other works in any form, media or technology now or hereafter known. You represent
and warrant that you have the right to transmit to and authorize the Company to
use the Contributions and all information, materials, data or records that you provide
to us.
We do not screen Contributions in advance and we are not responsible for screening
or monitoring information or material posted by users of this Site, but do reserve
the right to remove, edit or delete Contributions from this Site that are abusive,
illegal, disruptive or that otherwise fail to conform with these Terms, or for other
similar reasons, in our sole discretion. We also reserve the right to monitor, edit,
disclose or record any type of Contributions for adherence to these Terms, in the
course of normal operations and maintenance of this Site, or by law or in the good
faith belief that such action is necessary to: (i) comply with the law or with legal
process served; (ii) protect and defend the rights of the Company; or (iii) act
in an emergency to protect the personal safety of our users or the public or to
protect the operation or integrity of the Company’s infrastructure. The Company
has no liability or responsibility to users or any other person or entity for performance
or nonperformance of the aforementioned screening activities.
Prohibited Actions
You may not use this Site for commercial or promotional purposes of any kind. You
may not use this Site to make a profit from selling or trading cigars. We do not
support, control, mediate, or moderate any trades of cigars, cigar accessories,
or any other items arising out of or in connection with your use of the Site, including
without limitation, your use of and participation in any user forum. You are solely
responsible for your own trades and agree and acknowledge that any trades are at
your own risk.
You may not use this Site in any way that infringes or contributes to the infringement
of any intellectual property rights or privacy rights of others or that is obscene,
defamatory, harmful, abusive, threatening or false.
You may not use this Site in a manner that violates any applicable laws, rules or
regulations, whether federal, state or local or those of any foreign jurisdiction,
nor may you use this Site in a way for unlawful purposes or to promote any unlawful
activities, including without limitation, any federal or state laws regulating or
pertaining to the import, trade, sale, or possession of Cuban cigars or the purchase
or sale of tobacco products to minors.
You may not interfere or attempt to interfere in any manner with the proper working
of this Site. You may not take any action that imposes an unreasonable or disproportionately
large load on this Site or this Site’s infrastructure.
You may not impersonate another person or solicit passwords or personally identifying
information from other users.
You may not use this Site, directly or indirectly, to transmit “junk mail”, “chain
letters”, or unsolicited mass mailing or to “spam” others.
You may not sell or modify this Site’s content or reproduce, republish, display,
publicly perform, distribute, or otherwise use this Site or its content in any way
for any public or commercial purpose. Unauthorized use of this Site’s content on
any other website or in a networked computer environment for any purpose is prohibited.
You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense,
or create derivative works from this Site or its content. Nor may you use any network
monitoring or discovery software to determine this Site’s architecture, or extract
information about usage or users. You may not use any robot, spider, other automatic
device, or manual process to monitor or copy this Site or its content without our
prior written permission.
Violation of these Terms may result in immediate termination of your use of this
Site.
No Responsibility
The Company assumes no liability for or relating to the delay, failure, interruption
or corruption of any data or other information transmitted in connection with use
of this Site. We are not liable for any lost data resulting from the access, use
and operation of this Site and/or the enforcement of these Terms. The entire risk
arising out of the use or performance of this Site remains with you. You remain
solely responsible for your Contributions and other materials you post to, transmit
through, or link from this Site and you agree to indemnify and hold us harmless
with respect to any claim based upon transmission or the content of your Contributions
or materials or any other claim arising out of your use of this Site. We reserve
the right to reveal your identity (or whatever information we know about you) in
the event of a complaint or legal action arising from your Contributions, materials,
or use of this Site.
You understand that your use of this Site is at your own risk. Changes are periodically
made to this Site and may be made at any time. The Company does not assume any liability
for the content of any materials on this Site and makes no representations or warranties
as to the accuracy of any content, including Contributions. Reliance on any information
presented on this Site is at your own risk. We reserve the right to change or discontinue
any aspect or feature of this Site at any time.
Limitations on the Company's Liability
DISCLAIMERS OF WARRANTIES: THE COMPANY DOES NOT WARRANT THAT THIS SITE WILL
OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THIS SITE OR ITS CONTENT RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS. THIS SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE
LAW, NEITHER THE COMPANY NOR ITS MEMBERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS,
AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND
EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY
INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR
EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.
Privacy Policy
The Company is committed to respecting your privacy. Once you choose to provide
personally identifiable information to us, it will be used only in the context of
your relationship with the Company and this Site.
Certain user forums and other portions of this Site allow you to create an “ID”
based on your personal information. Here’s how it works: You create a personal profile
by providing an ID and password. The system saves the user created ID, password,
and your email address if provided. Certain features required a valid email address.
This allows us to allow you to make Contributions to the user forums quickly. Once
you have set up an ID and password, you will have to enter only that information
to make Contributions. Your information will not be shared with others without your
prior authorization and is accessible only by entering the correct login ID and
password information. Please email us at admin@cigarsteward.com
if you believe that your login information has been compromised.
As is standard practice on many websites, this Site uses “cookies” and other technologies
to help us understand which parts of this Site are the most popular, where our visitors
are going, and how much time they spend there. As is true of most websites, we gather
certain information automatically and store it in log files. This information includes
Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP),
referring/exit pages, operating system, and date/time stamp. We use this information,
which does not identify individual users, to analyze trends and to administer this
Site.
Modification/Integration
We reserve the right to change these Terms, including our Privacy Policy, and other
information available on this Site, without notice. These conditions set out the
entire agreement between the Company and you relating to your use of this Site.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State
of Washington, USA, without reference to its laws relating to conflicts of law.
Venue for all disputes arising under this Agreement shall lie exclusively in the
Superior Courts of the State of Washington in King County or the Federal District
Courts of the Western District of Washington (as permitted by law) and each party
agrees not to contest the personal jurisdiction of these courts. Notwithstanding
the foregoing, however, the Company shall have the right to commence and prosecute
any legal or equitable action or proceeding before any non-U.S. court of competent
jurisdiction to obtain injunctive or other relief in the event that, in the opinion
of the Company, such action is necessary or desirable.
Enforcement
Should any clause of these Terms be found unenforceable, wherever possible this
will not affect any other clause and each will remain in full force and effect.
The Company’s failure to expressly enforce any provision of these Terms does not
waive its rights to enforce that or any other provision.
© 2007 Sound Interactive, LLC. All rights reserved.