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Terms of Use

Welcome to the online stores (The Works of Shakespeare (the “Sites”)) of Shakespeare’s Cigar Corporation (the “Company”). By using the Sites, you agree to follow and be bound by these terms (the “Agreement”). As used in this Agreement, "you" or "your" means the consumer, and "Product" means any item offered for sale by the Company Sites. Before you use any of the Sites, all located on and within the Internet, please read the following basic terms that govern your use of the Sites which are also inclusive of all terms and definitions of the Privacy Statement (link to Privacy Statement) below

General
The Company may from time to time change the rules that govern your use of the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Sites from time to time including, but not limited to, content and equipment and/or software needed for access or use. 

Copyrights, Trademarks and other Intellectual Property Rights
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and other written materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company. 

All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited. 

The materials on the Site, and the Site as a whole, are intended solely for personal, noncommercial use. You may download or copy the downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related software without the prior written permission of the Company. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of the Company. 

User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to the Company or the Sites, or otherwise disclosed, submitted or offered in connection with your use of the Sites shall be and remain the property of the Company. Such disclosure, submission or offer shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions. 

Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at any of the Sites are the sole responsibility of the customer. The Company cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses. With the above stated, the Company will do its best with all the new laws regarding duties, taxes and licenses to keep the customer informed but can not guarantee it.

WARNING STATEMENT: Minor Compliance
The Company will not sell tobacco or tobacco related products to anyone under the age of 18, nor will it sell cigarettes. The Company cannot be held responsible for minors purchasing tobacco or tobacco related products with a guardian credit card. By using the Sites, you agree that you are at least 18 years of age.

WARNING STATEMENT: Surgeon General Warning
Cigar smoking is not a safe alternative to cigarettes. Cigar smoking can cause lung cancer and heart disease. Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale. Cigar smoking increases the risk of infertility, stillbirth and low birth weight. Cigars contain and produce chemicals known to cause cancer, birth defects and other reproductive harm.

Legal Compliance
You shall use the Company Sites for lawful purposes only. You shall not transmit through the Sites 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. The Company reserves the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to the Sites for any breach of this provision or any other provision of this Agreement.

Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Sites. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Sites.

Warranty/Disclaimer of Liability
You acknowledge that use of the Sites is at your sole risk. The site are not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Sites. these Sites and all contents and Products of the Sites are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. you acknowledge, by your use of the Sites, that your use of the Sites is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site, and that the Company shall not be liable for any damages of any kind related to your use of the sites. 

The Company’s liability to you, if any, shall not exceed the total of the invoice for services and Products provided on the transaction in dispute. The Company shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not the Company has been advised of the possibility of such damages. The Company shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or Product(s) provided hereunder unless such damage is a caused intentional act of the Company. The Company shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of your network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Sites. 

Indemnification
You agree to indemnify, defend and hold harmless the Company and any other third parties associated with this Agreement against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing the Sites under your account. 

Governing Law
The Sites were created and are controlled by the Company, located in the State of Florida. The laws of the State of Florida will govern the Company’s terms, conditions and disclaimers on the Sites, including this Agreement, without giving effect to any principles of conflicts of laws.


Privacy Statement of the Agreement

The Company is committed to protecting your privacy and the Company acknowledges that you may have concerns regarding the use of personal information. With this statement, the Company intends to explain how we use the information we have gathered from our visitors or members. 

Information Collected
Personally identifiable information (PII) is information that identifies you as an individual, such as your name, mailing address, phone number, email address, credit card information and password. The Company may collect PII from you when you make a purchase, register to become a member, voluntarily provide it when you use the Sites, disclose it in a public area of the Sites (such as submitting a quote or newsletter request) or provide it when you communicate with the Company and/or the Sites. 

Non-personally identifiable information (NPII) is information that does not identify you as an individual. NPII includes information such as your browser type, the URL of the previous Web site you visited, the Web pages and advertisements you view or select, and the types of services you use. 

Use of Information
The Company and the Sites gather and store certain types of information you provide to us through the Sites, surveys, or other data gathering methods. This information includes contact, demographic and financial information. The Company and the Sites use the contact and demographic information to communicate effectively with you and to create a more personalized shopping experience. The Sites may also use the PII you provide to administer and manage your account, and pay commissions to you. In addition, the Company may disclose your PII when we believe in good faith that it is required by any applicable law or legal process, or if the Company believes they need to disclose it to protect or enforce their rights or the rights of our members, users, or other third parties. Without limitation of the foregoing, we may disclose your information pursuant to our Intellectual Property Rights Policy to a third party that alleges you have infringed their intellectual property rights. 

The Company may disclose NPII in connection with improving the services the Sites offer and facilitating the marketing efforts. In addition, the Company may combine your NPII that relates to your use of the Sites with that of other users to determine which areas of the Sites are most popular, and how our services are used. By collecting this Aggregate Information and analyzing it, the Company can use it to improve the Sites. We may disclose Aggregate Information in connection with improving the services the Sites offer and facilitating the Company’s marketing efforts.

Children
The Company does not sell products for purchase by anyone under the age of eighteen. All products purchased from all Sites must use a credit card where the purchaser or authorized signer is over the age of eighteen. The Company will not knowingly collect or use any personal information from customers the Sites know to be under the age of eighteen. 

Security
The Company is committed to ensuring the security of your information. To help prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, the Company has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information collected online. The Sites use encryption when collecting or transferring sensitive data such as credit card information. Preventing credit card fraud is important to protect your personal financial data security.

Cookies
Cookies are information files that are placed on the hard drive of your computer by your browser. Cookies allow websites to remember user’s activities and visits to a site. The Sites use cookies to determine the number of unique visitors hosted on the Sites over any given period of time. Cookies are also used to remember user screen names so multiple logins are not necessary. The Sites do not use cookies to store or gather personal information from our visitors. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. 

No Absolute Safeguards
Although all the Sites will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Accordingly, the Company and the Sites assume no responsibility or liability for disclosure of any of your information due to errors in transmission, unauthorized third-party access or other causes beyond the Company’s reasonable control. 

Third Party Communication
In an effort to enhance your shopping experience, the Sites may use your contact and demographic information they have collected through surveys, or other data gathering methods to send you news, offers and e-mails from some of our partners. To opt out of receiving news, offers and e-mails just contact the Company to be removed.

As a part of our business relationships, we may from time to time have banner or link redirects to a third party accessible from the Sites. Any transactions that occur between you and a third party are strictly between you and the third party and are not the responsibility of the Sites. The Company does not control the privacy policies of our advertisers or other third parties that have Web sites linked to the Sites. If you click on an advertisement or link, the privacy policies of the Web site that you link to will govern the use of your information by that Web site's operator. The Company assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. 

Sale of Our Company
As the Company grows, there is a possibility that we could be sold to another company. In the event that the Company is acquired by another company or a significant portion of the assets is sold to another company, all of the customer information including both financial records and consumer information that has been collected may be transferred to the new company. 

Acceptance of Privacy Policy
If you use any of the Sites, you are accepting the terms and conditions of this Privacy Policy, and the Company will have the right to use your information as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must discontinue use of the Sites. Use of any of these Sites is when this privacy effective date begins. We reserve the right to modify this Privacy Policy at any time. Your continued use of the Sites after we either personally notify you or generally post such changes on the site will constitute your acceptance of those changes.

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