EFFECTIVE DATE: May 21, 2010
Wave Cigarettes Website Terms and Conditions of Use
1. Purpose of The Website
This Website is operated for the purpose of providing general information about Wave 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
“Wave” 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 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.?
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.
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
10. Applicable Law
11. Entire Agreement
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.
14. No Waiver
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 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 firstname.lastname@example.org or 866-928-WAVE (9283).
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
Questions, comments or any violations reports should be sent by e-mail to: email@example.com.