terms of use

 

EFFECTIVE DATE: 7/1/2016

LD by L. Ducat Cigarettes Website Terms and Conditions of Use

Welcome to the LD by L. Ducat Cigarettes Website (the “Website”). Any person who wants to use the Website must accept these terms and conditions of use (“Terms of Use”) stipulated by the owner of the Website (“the owner”, “we”, “our”, “us”) without any modifications. Please read them carefully. BY USING AND ACCESSING OUR WEBSITE, YOU ACCEPT, WITHOUT LIMITATION, ALL OF THESE TERMS OF USE, AND ALL RELATED POLICIES AND GUIDELINES OF THE WEBSITE, IF ANY, AS INDICATED IN THESE TERMS OF USE.

We reserve the right to change any of these Terms of Use at any time and at our sole discretion. Any changes will be effective upon posting of a new or modified version of the Terms of Use on our Website. Your use of the Website will be subject to the then current version of the Terms of Use or any other policy or guideline posted or referenced on the Website at the time of such use. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. YOU SHOULD REVISIT THIS PAGE ON A REGULAR BASIS TO SEE ANY CHANGES WE MAKE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

1. Purpose of The Website

This Website is operated for the purpose of providing general information about LD by L. Ducat cigarettes to adults 21 years or older residing in the United States of America.

2. Ownership and Copyright Of Website Content; Trademarks and Domain Names

All materials used or displayed on our Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (“Website Content”), are the exclusive property of the owner or its affiliates or third parties from whom owner has received a license. All Website Content is protected by copyright, trademark or other applicable laws. Subject to and conditioned upon your compliance with these Terms of Use, you are hereby granted a limited, non-exclusive license to view the Website Content on your computer to download one copy of the Website Content on your computer as needed for the purpose of viewing such Website Content, and to make one printed copy of the Web Site Content (provided that you do not remove any copyright, trademark or other proprietary notices from such copy), solely for your own personal, non-commercial purposes. You may not modify, sell, reproduce (except as expressly described above in this Section 2), distribute, retransmit, publish, modify, display (except to view the Website Content as expressly described above in this Section 2), perform, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights.

“LD by L. Ducat” and various other marks are trademarks controlled by the owner or its affiliates (the “JTI Trademarks”). The Website may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). Your use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the JTI Trademarks or Third Party Marks. You may not utilize the Domain Names for any purposes, except that you may link to such Domain Names for your own personal, non-commercial purposes, subject to your compliance with any terms and conditions governing any web pages accessed via any of such Domain Names.

You may not frame or utilize framing techniques to enclose any Website Content, including any JTI Trademarks, Domain Names or Third Party Marks or other proprietary information of the owner. You may not use any meta-tags or any other “hidden text” utilizing the JTI Trademarks or the Third Party Marks.

3. Use of Website

You agree that the Website will allow you to obtain various kinds of information concerning our products and various ongoing entertainment events and activities, including the schedules for and locations of future events and activities and reviews of past events and activities (“Events and Activities Information”). You understand and agree that you are being granted access to this Website for the sole purpose of viewing such information for your personal, non-commercial purposes. Your accessing this Website for any other purposes is unauthorized and prohibited. Without limiting any other provisions in these Terms of Use, you are expressly prohibited from accessing this Website in order to obtain information for commercial purposes.

You agree that you shall use the Website for lawful purposes only. Without limiting the generality of the foregoing, you will not use the Website, or allow others to use the Website, to:

(i) download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful (including materials promoting self-harm), threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable or any other material that we determine in our sole and exclusive discretion to be offensive, including but not limited to any materials which encourage conduct that would constitute a criminal offense or civil liability, infringe other’s intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, state, provincial, national or international law.

(ii) e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, including, without limitation, posting, e-mailing or otherwise communicating any material containing a link to a Web page you own or control;

(iii) upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;

(iv) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;

(v) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or (x) collect or store personal data about other users.

You agree not to access the Website from any territory where its use or content is illegal.

You agree that your user name and password to access the Contest section of the Website are confidential and you undertake to preserve their confidentiality at all times.

You hereby grant us and our successors and assigns a non-exclusive, worldwide, royalty-free, perpetual right and license to use, adapt, publish, distribute, translate, reproduce, perform, display and create works derived from or based upon any and all ideas, notes, suggestions, concepts or other material (collectively, “Materials”) submitted to the Website by you in any and all media, whether now known or hereafter devised, including for advertising and promotion purposes, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such Materials, however arising.

You agree that any correspondence or business dealings by you with, or participation in promotions of, third party businesses or advertisers found on the Website, including the delivery and payment for goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party businesses.?

4. Website Privacy Policy

Please click here to see and review the LD by L. Ducat Cigarettes Website Privacy Policy (“Privacy Policy”). You agree to be bound by the Privacy Policy and you also agree that the terms of the Privacy Policy are reasonable. The Privacy Policy may be modified by the owner from time to time at its sole discretion and your continued use of the Website after such modification will constitute your acceptance of such modifications

5. Modifications To The Website

The owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

6. Hyperlinks

This Website may contain hyperlinks to Websites operated by parties other than the owner. These hyperlinks do not imply any endorsement by the owner of or any affiliation with or endorsement by the owner of the hyper-linked website. You acknowledge and agree that we are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Website. Your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk. You further acknowledge and agree that the owner accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to or use of any hyper-linked website or any information or reliance on any such content, goods or services available on or through any such linked website. You also understand and agree that the Privacy Policy and Terms of Use are applicable only while you are using the Site. Once you are linked to another website, you should read the privacy statement and terms of use of that website before using the website and before disclosing any personal information.

7. Disclaimer

YOU EXPRESSLY UNDERSTAND AND YOU EXPRESSLY AGREE THAT THE WEBSITE CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE CONTENT OR THE THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE CONTENT OR THE THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE WEBSITE FOR ANY PURPOSE WHATSOEVER. FURTHERMORE, THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (IV) THE WEBSITE CONTENT OR THE THIRD PARTY CONTENT WILL BE ACCURATE OR RELIABLE; AND (V) THE QUALITY OF ANY WEBSITE CONTENT OR THIRD PARTY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY WEBSITE CONTENT OR THIRD PARTY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE OWNER DISCLAIMS ANY AND ALL SUCH ABOVE WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.

8. Limitation of Liability

You hereby agree to release the owner, its affiliates, and subsidiaries and their respective directors, officers, shareholders, employees, agents, representatives and advisors from any and all liability whatsoever arising from your use of the Website, including any e-mail to the Website.

IN NO EVENT SHALL THE OWNER, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, CLAIMS, LOSS, EXPENSES, DEBTS OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER RESULTING FROM FAULTS, OMISSIONS OR NEGLIGENCE OR OF CONTRACTUAL OR OF STATUTORY NATURE OR OF ANY OTHER NATURE WHATSOEVER), RESULTING FROM: (I) YOUR ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THE WEBSITE, THE WEBSITE CONTENT OR ANY THIRD PARTY CONTENT OR ANY WEBSITE TO WHICH YOU HYPERLINK FROM THE WEBSITE; (II) ANY THIRD PARTY CLAIMS THAT THE ACCESS OR USE BY YOU OF THE WEBSITE, THE WEBSITE CONTENT OR THE THIRD PARTY CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE WEBSITE, THE WEBSITE CONTENT OR ANY THIRD PARTY CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE OR OTHERWISE; OR (IV) ANY OTHER MATTERS RELATING TO THE WEBSITE, THE WEBSITE CONTENT OR THE THIRD PARTY CONTENT.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE OWNER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE OWNER SHALL HAVE NO LIABILITY TO YOU FOR ANY WEBSITE CONTENT OR THIRD PARTY CONTENT DOWNLOADED FROM THE WEBSITE.

YOU AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO ANY ASPECT OF YOUR USE OF THIS WEBSITE SHALL BE TO CEASE USING THE WEBSITE.

9. Indemnity and Discharge

You agree to indemnify and hold harmless the owner, its affiliates and subsidiaries and their respective officers, directors, shareholders, employees, agents, representatives and advisors from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from your use of the Website, the Website Content or your violation of these Terms of Use.

10. Applicable Law

The Terms of Use will be governed by the laws of the State of New York as if fully performed therein. Any dispute arising under these Terms of Use or otherwise relating to your use of the Website shall be resolved exclusively by the state and federal courts in the State of New York, County of New York and Southern District of New York and you waive any right you may have to assert that such a venue is an inconvenient forum.

11. Entire Agreement

These Terms of Use constitute the entire agreement between you and the owner relating to the use of the Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding the use of the Website and the Terms of Use may not be amended, modified, waived or termination except in writing or by the owners making such amendment, modification, waiver or termination available on this Website.

12. Assignment

You may not assign or otherwise transfer your rights, duties or obligations hereunder. Any assignment or transfer in violation of the foregoing shall be null and void.

13. Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

14. No Waiver

The owner will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Us

15. Termination

These Terms of Use are effective until terminated or replaced by us, with or without cause, in our sole and exclusive discretion. The owner may refuse to grant you access to the Website if you fail to comply with any of our Terms of Use. Any such termination by us shall be in addition to, without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief.

Sections 2, 7, 8 and 9-20 of this Agreement shall survive the termination or expiration of this Agreement

16. Rights; Injunctive Relief

All rights not expressly granted herein are reserved to the owners and their third party licensors.

You agree that your breach of these Terms of Use may result in irreparable harm to us which cannot be compensated by money damages, and that, without limiting any other remedies we may have, we will be entitled to seek injunctive relief for any such breach. In connection with any action for injunctive relief, you waive any right to require that we post a bond or other security or to assert that any harm is not irreparable or may be compensated by monetary damages.

17. Registration

You acknowledge and agree that you have truthfully indicated your age when you first entered the Website and that you are twenty-one (21) years of age or older and a resident of the United States of America. On registration you must provide us with accurate and complete registration information and it is your responsibility to inform the owner of any changes to that information by contacting us at ldinfo.usa@jti.com or 844-532-4477.

18. If You Believe That Any Material Presented On Our Website Infringes On Your Copyright, Please Be Advised As Follows:

Pursuant to Title 17, U. S. Code Section 512(c)(2), notifications of claimed copyright infringement should be sent ONLY to the Designated Agent below:

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THIS CONTACT.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): JTI

Name of Agent Designated to Receive Notification of Claimed Infringement: JTI Copyright Agent

Full Address of Designated Agent to which Notification should be Sent: 500 Frank W Burr Blvd Teaneck, NJ 07666

Designated Agent’s Telephone Number: 201-871-1210
Designated Agent’s Facsimile Number: 201-871-1417

E-mail Address of Designated Agent: Copyright.Agent@jti.com
Under Title 17, Section 512(c)(3)(A) of the United States Code, the Notification of Claimed Infringement must include the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work (or works) that you claim has been infringed

A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.

A clear description of where the infringing material is located on our websites, including, as applicable, its URL, so that we can locate the material;

Your address, telephone number and e-mail address;

A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

A statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

19. Last Update

These Terms of Use were last updated on 7/1/2016.

20. Heading

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect.

21. Contact

Questions, comments or any violations reports should be sent by e-mail to: ldinfo.usa@jti.com


 

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