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CigarrO Terms of Use & Privacy Policy

The CigarrO mobile application and website (the “App”) contains Content that is provided as a service to users who agree to abide by the following acceptable conduct terms. Your right to use the App is governed by these Terms of Use and our Privacy Policy (collectively, the “Terms”). Your use of the App constitutes your express agreement to these Terms.

4cInteractive, Inc. (the “Company”) operates the App and reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the App and website at cigarro.biz. Visit periodically to keep apprised of any changes. By continuing to use the App after any such change, you accept and agree to the modified Terms. The Company reserves the right to modify or discontinue, temporarily or permanently, the App, any App features, benefits, rules or conditions, all without notice, even though such changes may affect the way you use the App. The Company reserves the right to block or terminate your Account at any time without notice. You agree that the Company will not be liable to you or any third-party for any modification of the Terms or modification to or discontinuance of the App or the termination of your Account.

User Conduct:

Without limitation, you agree to refrain from the following actions while using the App:

  1. Harassing, threatening, embarrassing or causing distress or discomfort to another individual or entity;
  2. Impersonating any other person or entity or otherwise restricting or prohibiting any other person from using the App;
  3. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
  4. Posting adult Content or explicit adult material. Including but not limited to:
    1. Obscene or lewd and lascivious graphics or photographs that depict genitalia or actual or simulated sexual acts;
    2. Any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration.
      Posting Content for products or services which is prohibited by any law or regulation;
  5. Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the App unless the user has granted permission or otherwise allowed contact for solicitation;
  6. Deleting or revising any material posted by any other App user;
  7. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
  8. Using any automated device, spider, robot, crawler, data-mining tool, software or routine to access, copy, or download any part of the App unless expressly permitted by the Company;
  9. Taking any action creating a disproportionately large usage load on the App unless expressly permitted by the Company;
  10. Sending messages or engaging in disruptive or damaging activities, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
  11. Gaining or attempting to gain unauthorized access to non-public areas of the App. In addition, if you have a password to a non-public area of the App, you may not share your password, with any third parties and/or use your password for unauthorized purposes;
  12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the App; modifying any meta data, copying or duplicating in any manner any of the Content; framing of or linking to any of the App, its Content or information available from the App without the express written consent of agents of the Company;
  13. Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
  14. Using the App to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity;
  15. Posting Content promoting links to commercial services or websites except in areas of the App where such Content is expressly permitted;
  16. Posting any material advertising weapons, firearms or explosives;

Please report any violations of these Terms to: legal@cigarro.biz

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the App.

Tobacco Notice:

Cigars, tobacco and alcohol Content and/or products on the App is not intended for or marketed to anyone under the legal smoking or drinking age in their state or country. If you are not of legal smoking age in your state or country you may not use the App. Company does not sell cigars or tobacco products to anyone under the legal smoking age in their state or country. If you do not meet the minimum age requirement, please do not use the App. Surgeon General’s Warning: Cigars are not a safe alternative to cigarettes.

Orders & Returns:

This return policy applies to cigar bomb purchases in the App not purchases from third parties linked from the App. All third party purchases are subject to the return policy of such third party. Prices are subject to change without notice. Cuban products are not for sale on the App. The App does not participate in any shipment of cigarettes and will not ship tobacco products internationally or to any state which prohibits importing of tobacco products.

Keeping you happy is our number one priority. Returns are easy – if you are not satisfied with your purchase, you may return the item within 7 days of receipt of your order for an exchange only. Returns take up to 10 business days from receiving a return to process. Before returning the item, please contact Customer Service at (888) 650-1112 and let us know what item you are returning and why. Then a Return Merchandise Authorization Number (RMA#) will be issued along with directions on how to return your items. It is important that you make note of this number to include with your return.

We do our best to provide you with the highest quality cigars and accessories, in perfect condition, as quickly as possible. Every shipment is inspected for quality and undergoes a series of several spot-checks by our shipping staff for accuracy and quality. Should you experience any problems, please contact Customer Service. We’re here to help. We guarantee your satisfaction and we will work to achieve it.

For cigars and other merchandise, returns must be in new, unopened condition to receive an exchange. This includes having cigars in their cellophane wrappers. Please keep the original packaging and any accessories to return with the item and do not return any cut or smoked cigars.

Use of Materials:

Any Content or messages that you post, transmit, or otherwise make available for viewing on public areas of the App will be treated as non-confidential and non-proprietary to you. You understand and agree that any such Content and messages may be used by the App or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the App (and our affiliates) the irrevocable right to use and/or edit your Content, messages and any other Content provided in the App by you, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.

Termination of Access:

The Company has the right to terminate your access for any reason at any time. You expressly agree that the Company shall not be liable for any consequences that result from any such termination and agree that following such termination you will immediately discontinue use of the App.

No Third Party Beneficiaries:

You agree that, except as otherwise provided in this Terms of Use, there shall be no third party beneficiaries to these Terms.

Copyright and Trademarks:

All materials on the App, including without limitation, logos, images, text, data, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Company or owned by other parties who have posted on the App. Materials from the App and from any other property owned, operated, controlled, or licensed by the Company may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

In posting Content on the App, you grant the Company, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted Content in any media in perpetuity without notice or compensation to you.

Notification of Infringement:

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email following information to us at legal@cigarro.biz

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the App;
  3. Your name, address, telephone number and e-mail address;
  4. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  5. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Email: legal@cigarro.biz (Please put Intellectual Property Infringement in the subject line)

The Company may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Privacy Policy:

Company has created a Privacy Policy setting forth how information collected about you is collected, used and stored. Your use of the App constitutes acknowledgment and agreement with our privacy policy. You further acknowledge and agree that The Company may use your personal information in the manner described in our Privacy Policy. If Company is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our App of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Posting of Content:

You understand that each time you post Content on this App or otherwise use the App, you agree to these Terms. By agreeing to these Terms, you acknowledge that the App may send you e-mail messages telling you about products and services offered by the App (or its affiliates and partners) You understand and agree that such communications are part and parcel of your registration for and use of the App; if you do not wish to receive further communications from the App (or its affiliates and partners), you must cancel your registration by unsubscribing.

Links:

The Company has no control over and is not responsible for the Content of or claims made on the App that may be linked to or from the App, whether or not they may be affiliated with the Company. Any websites linked to or from the App are for your convenience only, and you access them at your own risk.

Release:

The Company assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any product or material contained on the App. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the App is the responsibility of the person or persons posting the information. Any user who violates the Terms may be permanently banned from using the App. You understand that all postings, Content, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively “Content”) posted on, transmitted through, or linked from the App, are solely the responsibility of the person from whom such Content originated. You understand that the Company does not control, and is not responsible for Content available on the App.

You understand that the Company is not required to pre-screen, monitor or approve any Content prior to publication. You also understand that the Company has right to remove, move (including moving a posting to another section or changing the post content), refuse, edit or delete any Content for any reason whatsoever. The Company shall not be responsible for any interaction between you and the other users of the App. Your dealings with others through the App are solely between you and such other parties. Under no circumstances will the Company be liable for any goods, services, resources, Content available or actions of such third party dealings or communications, or for any harm related thereto. The Company is under no obligation to become involved in any disputes between you and other users of the App or between you and any other third parties.

You agree that the App is a venue for users of the App. In the event that you have a dispute with any user of the App, you agree that the App is under no obligation to become involved in such dispute. You further agree to release the App from any and all claims, demands, and damages arising out of or in connection with such dispute.

You are entirely responsible and liable for any Content you post or any content that is posted through your Account.

The App does not offer any refunds for the early cancellation of paid sponsor ads or other paid advertising. We do not issue credits or refunds in connection with any content on the App.

You acknowledge, consent and agree that the App may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the App if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the App, its users and the public.

Disclaimer of Warranties for Site:

YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR OWN RISK. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE APP. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE APP MAKES NO WARRANTY THAT ITS APPLICATION OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Limitation of Liability:

The information, services and products available to you on the App may contain errors and are subject to periods of interruption. While the Company does its best to maintain the information, services and products it offers on the App, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the App.

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS APP, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE APP, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE APP, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE APP, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE APP OR PARTICIPATION IN ANY APP ACTIVITIES.

IF YOU ARE DISSATISFIED WITH THE COMPANY OR APP OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE APP.

If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnity:

You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App, the violation of these Terms by you, or the infringement by you, or other users of the App using your Account, of any intellectual property or other right of any person or entity. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Jurisdiction and Choice of Law:

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the App, shall be brought only in either the state or Federal courts located in Texas and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or the Terms must be filed within 6 months after such claim or cause of action arose or be forever barred.

General:

These Terms constitute the entire agreement between you and the Company and govern your use of the App, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software, or visit another site linked to by this App. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Violations:

Please report any violations of these Terms to: legal@cigarro.biz

Severance and Waiver:

You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms 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.

The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the App.

CiagrrO Privacy Policy

This privacy policy governs your use of the software application CigarrO (the “App”) for mobile devices that was created by 4cInteractive, Inc. The App is a cigar lifestyle application merged with social networking and commerce features.

What information does the App obtain and how is it used?

User Provided Information

The App obtains the information you provide when you download and sign up for the App. Singing up for the App is free but mandatory to use the App.

When you sign up with us and use the App, you generally provide (a) your name, email, address, birthday, username, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the App, and; (e) information you enter into our system when using the App, such as contact information and other information.

We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.

Automatically Collected Information

In addition, the App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App.

Does the App collect precise real time location information of the device?

This App does not collect precise information about the location of your mobile device.

Do third parties see and/or have access to information obtained by the App?

Only aggregated, anonymized data is periodically transmitted to external services to help us improve the App and our service. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

  • as required by law, such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
  • if 4cInteractive, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

What are my opt-out rights?

You can stop all collection of information by the Appn easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at optout@cigarro.biz.

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the App and thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the App, please contact us at privacy@cigarro.biz and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the App to function properly.

Children

We do not use the App to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@cigarro.biz. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our App. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy by clicking here.

Your Consent

By using the App, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

Contact Us

If you have any questions regarding privacy while using the App, or have questions about our practices, please contact us via email at info@cigarro.biz