Jamaican Cigars Catalog
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Acceptable Use Policy and Visitor Agreement

YOU MUST BE 21 YEARS OF AGE TO USE CIGARJAMAICA.COM.
The materials available through this website and other websites owned or provided by CigarJamaica.com (individually and collectively, the "Website") are the property of CigarJamaica.com or its licensors, and are protected by copyright, trademark and other intellectual property laws. You may view, copy and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices, (2) as a personal shopping resource, (3) for communicating with CigarJamaica.com about a company product or service, or (4) for placing an order with CigarJamaica.com. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of CigarJamaica.com .

COPYRIGHT NOTICE
© 2008 CigarJamaica.com. All rights reserved.

TRADEMARKS

The Cigar Jamaica name and logo, and other trademarks are trademarks of Cigar Jamaica and may not be used without permission.

The names of other companies, products and services may be the property of their respective owners.

LINKING TO THE WEBSITE AND CONTENT

Cigar Jamaica is committed to providing an open forum for discussion, membership and products. To ensure that information regarding its purpose is communicated accurately to the public, Cigar Jamaica asks that you adhere to the following linking guidelines:

  1. Cigar Jamaica does not object to hyperlinking to the home page of the Website unless the hyperlinks dilute or tarnish Cigar Jamaica 's trade name or trademarks. You may not use any Cigar Jamaica trademark, logo or other proprietary graphic to link to the Website (or for any other purpose) without the company's prior written approval;
  2. Cigar Jamaica does not approve of any deep linking. Do not bypass the home page of the Website to deep link to interior web pages;
  3. Cigar Jamaica does not approve of inline linking or framing. Do not import content from the Website or link to images on servers on which the Website is hosted for the purpose of placing the content or images on any other web pages or sites; and
  4. Cigar Jamaica does not approve of remote linking. Do not hyperlink any Website to sites that contain infringing or illegal content that could make Cigar Jamaica susceptible to criminal prosecution or civil litigation in the United States or in a foreign venue.
DIGITAL MILLENIUM COPYRIGHT ACT

Cigar Jamaica respects the intellectual property rights of others and is committed to complying with U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet or other telecommunications networks.

As a provider of transitory digital communications, Cigar Jamaica 's activities are typically protected by a safe harbor provision of the DMCA (see 17 U.S.C. 512 (a)). Cigar Jamaica is therefore not obligated to respond to a copyright owner (or the owner's agent) nor does Cigar Jamaica have a duty to remove or disable access to material transmitted, routed or connected to the Cigar Jamaica network(s) that is initiated and/or directed by an individual user.

If you believe that Cigar Jamaica has infringed your copyrighted work in a way that does not fall within the applicable DMCA safe harbor provision, please provide notice to our Copyright Agent. The notice must include the following information as required by the DMCA (see 17 U.S.C. 512(c)(3)). In addition, the notice should include the basis for your belief that Cigar Jamaica is not merely providing transitory digital communications under 17 U.S.C. 512(a) of the DMCA:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification 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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NOTE: The Copyright Agent should only be contacted with respect to copyright-infringement matters. The Copyright Agent will not respond to general inquiries.

The Copyright Agent for Cigar Jamaica may be reached as follows: By email: copyrightnotice@Cigar Jamaica

COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Copyright Agent. The counter notification must provide the following information:

  1. Physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  4. The subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Cigar Jamaica will terminate all account holders and subscribers who are repeat infringers of intellectual property laws.

Effective January 20, 2009

Welcome to Cigar Jamaica 's website, a service of Cigar Jamaica, together with its subsidiaries, affiliates, agents and licensors (collectively "Cigar Jamaica "). The following terms apply to your use of and access to any Cigar Jamaica owned or operated website ("Website"), as well as any electronic transmission sent, received, posted, accessed, or stored via any Cigar Jamaica network ("Network"), including without limitation its wireless web, data, and messaging services; Internet services; and internal email network for communicating with Cigar Jamaica employees. Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.

COVERAGE OF THIS POLICY AND AGREEMENT

In addition to other agreements between you and Cigar Jamaica , these terms explain the policies that govern your access to and use of our Website and Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.

By accessing or using our Website or Network, you agree to these terms (collectively the "Policy and Agreement"), as Cigar Jamaica may modify it from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use our Website or Network.

LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which Cigar Jamaica has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. Cigar Jamaica makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Cigar Jamaica does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Cigar Jamaica is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
ILLEGAL OR HARMFUL USE
You may access and use our Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
  • Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
  • Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
  • Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
  • Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
  • Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
ELECTRONIC COMMUNICATIONS

You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service.

Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without Cigar Jamaica 's prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including "spyware") designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site.

NETWORK SECURITY AND INTEGRITY
You may not violate the security of our Website or Network in any way. Such violations may result in criminal or civil liability. Cigar Jamaica may, but is not obligated to, investigate any violation of our Network. Cigar Jamaica may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Cigar Jamaica products services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:
  • Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
  • Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
  • Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
  • Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
  • Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Cigar Jamaica or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Cigar Jamaica customer or other end-user. Cigar Jamaica may, but is not obligated to, take any action it deems necessary to protect its Website and Network, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website or Network. Cigar Jamaica may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT

All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.

We may also access and disclose any information (including transactional information) related to your access and use of our Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies;' (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A Cigar Jamaica WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A Cigar Jamaica NETWORK OR WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Cigar Jamaica , ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. Cigar Jamaica DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL Cigar Jamaica , ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF Cigar Jamaica , ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY Cigar Jamaica NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Cigar Jamaica , AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

GOVERNING LAW

This Policy and Agreement is governed by and must be construed under the laws of the State of New York. The federal and state courts of New Rochelle, NY, have exclusive jurisdiction over and venue of any suit that relates to this Policy and Agreement.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cigar Jamaica from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website or Network; or (5) your use of our Website or Network.

MODIFICATION OF THE POLICY AND AGREEMENT

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.CigarJamaica.com You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network.

PRIVACY POLICY

We advise you to read the following privacy policy. When you communicate information to us, you are agreeing to this policy:

Data that is gathered directly from you by Cigar Jamaica (the company) through the forms on this web site, via e-mail, telephone conversations, and during the course of other normal business practices is kept private, as described below.

You agree that the company has taken all reasonable steps to clarify the use of this data and prevent misuse of the data.

Only the company, and no outside organization will have access to your data, except where required to fulfill our responsibility to meet your request, and except where required by law.

The data will be used by the company to fulfill services to you, and may also be used by the company after the service has been fulfilled. (For example, we might contact you at some future date, to make an offer, or to discuss a past service.)

The company will not contact you further, as described in the paragraph above, if both of the following has occurred (1.) you request in "writing", that no further correspondence be sent to you, and (2.) you have not had a chargeable service performed by the company.

The company will make reasonable effort to protect your data, as described above, by the use of normal industry practices and methods, but the company's liability is limited to circumstances within its control. It is understood by you that the company does not operate its own web site server hardware and software, and relies upon the hosting service for software and hardware security.

MISCELLANEOUS

Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Cigar Jamaica may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

QUESTIONS AND COMMENTS

We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Customer Care. If you want to report any violations of this Policy and Agreement, use our contact form to email us.