Terms of Use – Community and Content

Last updated May 28, 2022

INTRODUCTION

These are the terms of use (“Terms of Use”) for your use of the services or features on the Cigora sites, including www.cigora.com, owned or controlled by LV Penn Sales, LLC (the “Sites”). The Sites feature an online social community (the “Cigora Community”). The Cigora Community allows you to join Groups, participate in Conversations, provide Ratings & Reviews, ask and answer questions, receive product recommendations, interact with fellow members of the Cigora Community, and post photos in the Gallery. These Terms of Use govern your participation in the Community.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use, Community Guidelines and Rules from time to time, at any time, without notice, and in our sole discretion. If we decide to change these Terms of Use, we will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Community Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.

You are solely responsible for your use of the Sites and the services. You certify to LV Penn Sales that you are at least 21 years of age. You also certify that you are legally permitted to access the Sites and to use the services.

OUR INTELLECTUAL PROPERTY RIGHTS

The Sites and the services contain proprietary information and materials, including, but not limited to, text, software, photos, video, graphics and the entire contents of the Sites and the services. This proprietary information and materials is owned by LV Penn Sales or licensed to us by our suppliers and partners, and is protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in such proprietary information and materials by using the Sites or the services.

LV Penn Sales grants you a limited license to use the Sites and the services in accordance with these Terms of Use. We reserve the right to terminate your license to use the Sites and the services at any time and for any reason. We likewise may suspend or discontinue your use of the Sites and the services for any reason at any time, including discontinuing the availability of any feature or content.

YOUR RESPONSIBILITY FOR USER CONTENT

You are solely responsible for all content that you submit, upload, post, email or otherwise transmit to the Sites, through the Community or otherwise, including the submission of photographs, videos, messages sent to other users, product Ratings & Reviews, questions, comments, answers, and all other data, profile information, documents, software, applications, music, found, graphics, or other materials (collectively, "User Content"). You may not upload any Content directly unless you are a registered user of the Sites and a member of the Community.

By submitting User Content to the Sites or by otherwise making User Content available to LV Penn Sales, you grant to LV Penn Sales and its third-party service providers (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other print or digital marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

User Content that you submit is not confidential and may be used at the sole discretion of the Licensed Parties. The Licensed Parties may or may not pre-screen User Content. However, the Licensed Parties have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any User Content on the Sites. In particular, Licensed Parties have the right to remove any User Content that they deem, in their sole discretion, to violate the Terms of Use. LV Penn Sales does not guarantee that you will have the means to edit or delete any User Content you have submitted. Licensed Parties reserve the right to incorporate any User Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Licensed Parties reserve the right, in their sole discretion, to remove or to refuse to post any submission for any violation of the Terms of Use. You acknowledge that you, not the Licensed Parties, are responsible for the contents of User Content you submit. None of the User Content that you submit shall be subject to any obligation of confidence on the part of Licensed Parties, their agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers, and employees.

By submitting User Content to LV Penn Sales or by otherwise making User Content available to LV Penn Sales or the Licensed Parties, you represent and warrant that:

1.  You are at least 21 years of age;
2. You own all intellectual property and other rights in and to the User Content (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to LV Penn Sales to use all intellectual property and other rights thereto to enable inclusion and use of the User Content in the manner contemplated by the Sites and these Terms of Use);
3. The User Content does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
4. Does not violate any obligations you may have with respect to such User Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
5. You understand you are participating in a public forum and that the User Content and other personal information will be available to all other users of the Sites, the Cigora Community and potentially Third Party sites;
6. The User Content does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);
7. You understand that the User Content may be utilized and distributed by LV Penn Sales or its agents in its marketing materials, including but not limited to, Cigora.com, Cigora emails, social channels, store material, print mailers, digital advertisements, and any other materials deemed appropriate by the Licensed parties;
8. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of the User Content.

You further represent and warrant that any User Content you submit:

1. Is not false, inaccurate or misleading;
2. Does not harm minors;
3. Does not elicit or provide medical or legal advice;
4. Is not libelous, defamatory, obscene, pornographic, abusive, indecent, harassing, bullying, hateful, offensive, tortious, or threatening to any individual, partnership or corporation;
5. Use of the User Content by the Licensed Parties will not violate any other law;
6. Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
7. Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
8. Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
9. Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
10. Does not impersonate any person or entity, including, without limitation, any Cigora official, forum leader, guide, monitor or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

LV Penn Sales does not endorse any User Content or any opinion, recommendation or advice expressed therein, and LV Penn Sales disclaims all liability with respect to any User Content posted by third parties.

The Licensed Parties reserve the right, at any time, without notice and in their sole discretion, to remove any User Content from the Sites. The Licensed Parties also reserve the right, at any time, without notice and in their sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. The Licensed Parties may access, preserve and disclose your account information and User Content 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 of Use, (iii) respond to claims that any User 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 Licensed Parties, their employees, users and the public. Note well, the Sites are provided for free and we reserve the right to refuse service to anyone.

If you believe User Content residing on the Sites or the services infringes a copyright, please refer to our Copyright Policy below.

PRIVACY

By submitting your email address in connection with your account, you agree that the Licensed Parties may use your email address to contact you about your account or User Content you have submitted to the Sites, or for other administrative purposes and for any other purpose permitted or required by law. The Cigora Privacy Policy provides further detail on the manner in which we may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Cigora Community. By agreeing to these Terms of Use you are consenting to LV Penn Sales’s collection and processing of your personal data as described in the Cigora Privacy Policy: http://[ hyperlink].



COPYRIGHT POLICY

If you believe that any User Content or other work or material residing on or accessible through the Sites or the services has been copied or used in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). Specifically, please send a written notification of copyright infringement by regular mail (not e-mail) to the following DMCA designated agent:

LV Penn Sales/ DMCA Agent[DM1] 

9935 Santa Monica Blvd #766,

Beverly Hills, CA 90212

To be effective under the DMCA, the written notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing and information reasonably sufficient to permit LV Penn Sales to locate the material;

Information reasonably sufficient to permit LV Penn Sales to contact the complaining party, such as an address, telephone number and if available an electronic mail address at which the complaining party may be contacted;

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; and

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.

Once proper infringement notification is received by the designated agent, it is LV Penn Sales’s policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate repeat infringers’ access to the Sites and the services.

A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to LV Penn Sales’s designated agent within thirty (30) days of the date the material was removed from the Sites. To be effective, a counter notification must be a written communication that includes substantially the following:

A physical or electronic signature of the person submitting the counter notification;

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;

A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside of the United States, for any judicial district in which LV Penn Sales may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent.

Upon receipt of a counter notification, containing the information as outlined above, LV Penn Sales shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. LV Penn Sales shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided LV Penn Sales’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Sites or the services.

MOBILE PHONE SERVICES

If you access the Sites via your mobile phone, we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL LV PENN SALES, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES OR THE SERVICES (“AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITES OR THE SERVICES. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT ON THE SITES AND THE SERVICES. IN ADDITION, NEITHER LV PENN SALES NOR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITES OR THE SERVICES; OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU; OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NEITHER LV PENN SALES NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

DISCLAIMERS

THE LV PENN SALES SITES AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

IN PARTICULAR, LV PENN SALES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) YOUR USE OF THE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES OR THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITES OR THE SERVICES WILL BE CORRECTED.

INDEMNITY

You agree to defend, indemnify and hold harmless LV Penn Sales and its affiliates, and their respective directors, officers, employees and agents, from and against all claims and expenses (including attorneys’ fees) arising out of or connected to the use of the Sites or the services, by you or any other person using an account of yours. LV Penn Sales reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide LV Penn Sales with such cooperation as is reasonably requested.

TERMINATION

You agree that LV Penn Sales, in its sole discretion, may terminate your use of the Sites or the services. You agree that termination of your access to the Sites or the services under any provision of these Terms of Use may be made without prior notice, and acknowledge and agree that LV Penn Sales may immediately remove all related information and files associated with your use of the Sites or the services. All provisions of these Terms of Use which by their nature should survive termination shall survive termination including, but not limited to, intellectual property rights, limitations of liability, disclaimer of warranty and indemnification.

MISCELLANEOUS

These Terms of Use, the Cigora Privacy Policy and any operating rules for the SiteS or the services constitute the entire agreement between LV Penn Sales and you with respect to the subject matter hereof; and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof.

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without LV Penn Sales’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. LV Penn Sales expressly reserves the right to transfer, assign or delegate these Terms of Use and any of its rights or obligations hereunder without consent.

You agree that if LV Penn Sales does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which LV Penn Sales has the benefit of under any applicable law), this will not be taken to be a formal waiver of LV Penn Sales’s rights and that those rights or remedies will still be available to LV Penn Sales.

If a dispute should arise between you and LV Penn Sales, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-8XX-XXX-XXXX or by sending an email to ____@___.com. If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.

The Terms of Use, and your relationship with LV Penn Sales, shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. If you access the Sites or the services from any location other than the United States, you accept full responsibility for compliance with all local laws.

You and LV Penn Sales agree to submit to the exclusive jurisdiction of the courts located within the County of Northampton, Commonwealth of Pennsylvania, to resolve any legal matter arising from the Terms of Use and your relationship with LV Penn Sales. You further agree that LV Penn Sales nonetheless shall be allowed to apply for injunctive remedies (or any equivalent type of urgent equitable or legal relief) in any jurisdiction.

In the event litigation should arise between you and LV Penn Sales in any state or federal court, YOU AND LV PENN SALES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND LV PENN SALES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other legal proceedings is not allowed.

The provisions of these Terms of Use are intended to be interpreted in a manner that makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by LV Penn Sales or, alternatively, by disposition of a court of law. If a provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

 [DM1]This can be either US Legal or Social Native. Ask SN rep. about DMCA services