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
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
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
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.
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.
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.
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
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
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.
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.
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 are information files that are placed on the hard drive
of your computer by your browser. Cookies allow websites to remember
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
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
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
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.
If you use any of the Sites, you are accepting the terms and conditions
do not agree to have your information used in any of the ways
the Sites. Use of any of these Sites is when this privacy effective
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.