The following user agreement ("Agreement") sets forth the terms upon which Scandinavian Tobacco Group Lane Ltd. (STG) STG offers you ("YOU" or "YOUR") access to its Captain Black Pipe Tobacco Website ("Site") and the terms YOU accept by accessing this Site. YOUR use of this Site constitutes YOUR acceptance and agreement to the following terms:
YOU agree to use this Site only for lawful purposes, and agree that YOU are responsible for YOUR use of, communications, and postings on this Site. YOU agree not to post on, provide access, make available, or transmit through this Site any unlawful, infringing, threatening, harassing, abusive, libelous, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, pornographic or otherwise objectionable material of any kind, including without limitation any material that encourages or solicits criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property or other rights, discloses private or personal matters concerning any person, concerns products or items outside the scope of the particular bulletin board room, or otherwise violates any applicable local, state, national, foreign or international law including, without limitation, those relating to export control, consumer protection, unfair competition, anti-discrimination or false advertising
YOU agree not to use or allow others to use this Site in any manner that interferes with its operation or with any other user's use and enjoyment of this Site. YOU agree not to post or transmit on this Site any file or code that contains viruses, worms, "Trojan horses," malware, spyware, or any other contaminating, destructive or invasive features.
YOU agree not to post or transmit on this Site any charity requests, petitions for signatures, chain letters, letters relating to pyramid schemes or similar documents. YOU agree not to post, provide access, make available or transmit on this Site any advertising, promotional materials or any other solicitation of other users of this Site for goods or services except in those areas that might expressly be designated by STG, from time to time, for such purposes.
YOU agree that YOU will not access this Site from any territory where its use or contents is illegal, and that YOU, and not STG nor its affiliates, are responsible for compliance with applicable local laws. YOU agree that YOU will not access this Site by any means except through the interface and Personal ID provided by STG for access to this Site and that YOU will not link from a page on another Site to any page on this Site except the home page located at www.captainblackcigars.com. YOU further agree that any robots, spiders, crawlers or other automated software that YOU use to access this Site shall comply with the Standard for Robot Exclusion and shall use and comply with this Site's robots.txt files.
No reproduction, distribution or transmission of the copyrighted materials (whether registered or not) on this Site is permitted. All rights not expressly granted herein are reserved.
This Web site is intended only for use by adults. STG believes that youth should not smoke. STG takes no actions to encourage youth smoking, and supports programs designed to discourage and reduce youth smoking. STG does not engage in any advertising, promotion, or marketing intended to be aimed at minors. In addition, STG's correspondence policies are designed to limit its business communications to adults only. We take these issues and responsibilities very seriously.
YOU agree that access to this Site is limited to persons of legal age. Access is not authorized for users under 21 years of age.
STG is not responsible for monitoring, screening, policing or editing the information or materials posted on, submitted to, or accessed or transmitted through this Site. STG does not and cannot monitor all information or materials posted on, submitted to or transmitted through this Site. However, STG reserves the right to delete, block or remove any information or materials that STG, in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to STG or any other party. If notified of any such information or materials on this Site, STG will determine in its sole discretion whether to remove such content from this Site or re-post such content to this Site at the time of notification or any other time in the future, and to restrict YOUR access to the Site, in the sole discretion of STG.
Although STG appreciates people's interest in its business, it is STG's policy to decline consideration of unsolicited ideas and suggestions offered or submitted by the general public. STG relies on its research and marketing staffs for the generation and implementation of new concepts. This is necessary in order to avoid misunderstandings over the origin of particular ideas. STG is constantly generating new ideas, many of which STG cannot use until years after they were first conceived. Accordingly, STG does not accept unsolicited ideas for consideration, and asks you not to submit ideas for products, advertising, etc.
YOU shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that you have such permission rests with YOU.
YOU agree that YOU shall have no recourse against STG for any alleged or actual infringement or misappropriation of any proprietary or other right in YOUR submissions, postings or communications to STG.
It is STG's policy to respond promptly to claims of intellectual property infringement and other violations of law. STG will promptly investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act ("DMCA"). Upon receiving notification that complies or substantially complies with the DMCA, STG will act to delete or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. If YOU believe that this Site contains any material that infringes YOUR or another party's rights under the intellectual property laws, YOU shall provide notification to the following designated agent: email@example.com
Such notification shall: a. include an electronic or physical signature of the person authorized to act on behalf of the owner of the material alleged to have been infringed; b. contain a description of the alleged infringing material, including the electronic location, such as the URL (i.e., the web page address) where the material exists, or a copy of the alleged infringed material; c. provide the address, telephone number, and e-mail address of the notifying party; d. include a statement by YOU that YOU have a good faith belief that the use of the material is not authorized by the owner, its agent, or the law; e. and include a statement by YOU, made under penalty of perjury, that the information in the notification is accurate and that YOU are the owner of the material or the owner's authorized agent.
If STG deletes or disables access to any material alleged to be infringing under this policy, STG will attempt to contact the user who has posted such material in order to give that user 10 days to respond to the notification. Any counter notifications submitted by such user will be furnished to the complaining party, who will be given 10 days to seek judicial relief in accordance with the DMCA before STG replaces or restores access to any material as a result of any counter notifications.
YOU agree that STG may block YOUR access to all or part of this Site, at any time and without notice, for any conduct that STG, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user, STG or its affiliates.
STG AND ITS SUPPLIERS PROVIDE THIS SITE AND ANY RELATED SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Use of this Site is at YOUR sole risk. STG does not guarantee continuous, uninterrupted, error-free or secure access to this Site or its services, and operation of its Site may be interfered with by numerous factors outside of its control. STG AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of digital records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. YOU specifically acknowledge that STG is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with YOU.
IN NO EVENT SHALL STG OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE SERVICES AVAILABLE ON THIS SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE). FURTHERMORE, STG IS NOT LIABLE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STG'S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER CLAIMED UNDER CONTRACT, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) WILL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
YOU agree to indemnify and hold STG and its parent, and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of YOUR breach of this Agreement or the documents it incorporates by reference, or YOUR violation of any law or the rights of a third party.
YOU shall comply with all applicable laws, statutes, ordinances and regulations regarding YOUR use of STG's Site and any related services and YOUR listing, purchase, solicitation of offers to purchase, and sale of items.
YOU agree that hyperlinking to this site from any site is expressly prohibited without permission. Notwithstanding, this Site may produce automated search results or otherwise link YOU to other sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or otherwise objectionable. These other sites are not under the control of STG, and YOU acknowledge that STG is not responsible for the accuracy, intellectual property compliance, legality, decency or any other aspect of the content of such sites. Furthermore, YOU acknowledge and agree that any opinions, advice, statements, services, offers, or other information or content expressed in such sites are those of the respective author(s) or distributor(s) and not of STG. It is YOUR responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through third party sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. The inclusion of such a link does not imply endorsement of the site by STG or any association with its operators.
Captain Black Cigars and other STG marks appearing on this Site are the trademarks of STG. All rights reserved. All other trademarks appearing on this Site or accessed via this Site are the property of their respective owners who are neither sponsors nor affiliated with STG, Captain Black Cigars, or this Site.
YOU and STG are independent contractors, and no agency, partnership, joint venture, employee-employer or franchise-franchisee relationship is intended or created. The information, software, products, offers, data and services published on this Site may contain inaccuracies or typographical errors which STG reserves the right (without notice) to unilaterally correct. Furthermore, STG shall have the right at any time to change or modify the terms or conditions applicable to YOUR use of this Site or any part thereof, or to impose additional or new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including without limitation posting on this Site, by electronic or regular mail or by any other means that YOU may receive notice thereof. Any use by YOU subsequent to notice thereof shall constitute acceptance by YOU of all such changes, modifications, or additions. This Agreement shall be governed in all respects by the laws of the State of Georgia as such laws are applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. All disputes concerning this Site and this Agreement must be brought either in the state courts of Dekalb County, Georgia or in the federal court of the U.S. Middle District of Georgia. YOU voluntarily submit to and consent to the exclusive jurisdiction and venue of such courts. Furthermore, YOU acknowledge that use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. STG's failure to act with respect to a breach by YOU or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and STG with respect to the subject matter hereof.
A printed version of this Agreement, and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form.
If you are an adult who has a question about on of the products sold by Scandinavian Tobacco Group Lane Ltd. (STG), please email firstname.lastname@example.org. If you are an adult who as a general question about the business, you may send an email to the "Captain Black Cigars" address shown on the "Contact Us" page. Because STG's products and brand communications are intended for adults only, it is STG's firm policy not to respond to requests from known minors.
Privacy and Use of Personal Information
There are pages on this site from which, if you are an adult, you can send email to STG. We may collect and store email addresses for further use in corresponding with you. Any personally identifiable information you give us via email (for example, your name, title, company, address and phone number) is not intentionally collected by us or intended to be collected by the operation of this Website. That information will not intentionally be maintained by us. We will take periodic action to purge our systems of such personally identifiable information, consistent with our intention not to collect it through the operation of this Website.
In addition, we may conduct sweepstakes or other offers on this site. If we do, and you choose to participate, we will collect your name, physical address, telephone and email address, and we will store that information in our information systems for the purpose of communicating to you about the results of the sweepstakes and to provide you with information on programs, products or issues that we believe may be of interest to you. Except as provided below, we do not sell or rent personal information or email addresses to other organizations or entities. We reserve the right to disclose information collected from you: (1) as necessary, if we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, other users of our Website, or anyone else that could be harmed by such activities; (2) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (3) in the event that we or substantially all of our assets are acquired (your personal information may be one of the transferred assets).
Links to Other Sites
This site may contain "links" to other sites that we think might be of interest to you. STG is not responsible for the content or the privacy practices employed by these "linked" sites.
STG only markets its tobacco products to legal age smokers. In order to be eligible to receive mailings from us, you must certify that you are a legal age smoker and want information and promotions of our products. We will also verify that you are of legal smoking age.