(A) This Agreement, which incorporates by reference other provisions applicable to use of The Imperial Cigar Company, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in The Imperial Cigar Company, sets forth the terms and conditions that apply to use of The Imperial Cigar Company by Subscriber. By using Imperial Cigar Company (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use The Imperial Cigar Company is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) ICC shall have the right at any time to change or discontinue any aspect or feature of The Imperial Cigar Company, including, but not limited to, content, hours of availability, and equipment needed for access or use.
5. Subscriber Conduct.
(A) Subscriber shall use The Imperial Cigar Company for lawful purposes only. Subscriber shall not post or transmit through The Imperial Cigar Company any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Imperial Cigar Company's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in ICC's discretion restricts or inhibits any other Subscriber from using or enjoying The Imperial Cigar Company will not be permitted. Subscriber shall not use The Imperial Cigar Company to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Imperial Cigar Company.
(B) Imperial Cigar Company contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Imperial Cigar Company are copyrighted as a collective work under international copyright laws. ICC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of ICC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on The Imperial Cigar Company any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to The Imperial Cigar Company via electronic mail or by any other means, Subscriber automatically grants, or warrants that the owner of such material has expressly granted ICC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants ICC the right to edit, copy, publish and distribute any material made available on The Imperial Cigar Company by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of ICC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE IMPERIAL CIGAR COMPANY IS AT SUBSCRIBER'S SOLE RISK. NEITHER ICC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE IMPERIAL CIGAR COMPANY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE IMPERIAL CIGAR COMPANY, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE IMPERIAL CIGAR COMPANY.
(B) THE IMPERIAL CIGAR COMPANY IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT ICC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL ICC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE IMPERIAL CIGAR COMPANY, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE IMPERIAL CIGAR COMPANY. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE IMPERIAL CIGAR COMPANY.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ICC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED THE IMPERIAL CIGAR COMPANY, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, ICC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
11. Third Party Content.
In many instances, the content available through The Imperial Cigar Company represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with ICC. ICC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The Imperial Cigar Company by anyone other than authorized ICC employee spokespersons while acting in their official capacities. Under no circumstances will ICC be liable for any loss or damage caused by a Subscriber's reliance on information obtained through The Imperial Cigar Company. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Imperial Cigar Company. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
ICC respects the rights of all copyright holders and in this regard, ICC has adopted a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders.:
14. Supplemental Terms
Davidoff, Zino, Avo, Griffins or Private Stock text, photos, graphics, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium. Neither these Davidoff, Zino, Avo, Griffins or Private Stock materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Subscriber does not hold Davidoff International liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing.
Copyright 1999 Davidoff International. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Republication and redissemination of Davidoff, Zino, Avo, Griffins or Private Stock content is expressly prohibited without the prior written consent of Davidoff International. Davidoff International shall not be liable for any errors, omissions, interruptions or delays in connection with the Davidoff, Zino, Avo, Griffins or Private Stock content or from any damages arising therefrom.
©2002 The ICC, Ltd. ALL RIGHTS RESERVED