Last updated May 28, 2022
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.
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.
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:
- You are at least 21 years of age;
- 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;
- 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);
- 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;
- 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);
- 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;
- 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:
- Is not false, inaccurate or misleading;
- Does not harm minors;
- Does not elicit or provide medical or legal advice;
- Is not libelous, defamatory, obscene, pornographic, abusive, indecent, harassing, bullying, hateful, offensive, tortious, or threatening to any individual, partnership or corporation;
- Use of the User Content by the Licensed Parties will not violate any other law;
- Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- 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;
- Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
- 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.
If you believe User Content residing on the Sites or the services infringes a copyright, please refer to our Copyright Policy below.
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.
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.
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.
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.
[DM1]This can be either US Legal or Social Native. Ask SN rep. about DMCA services