Legal

RETURN POLICY

You may return any unused book that has not been personalized with a gold foil stamp within 14 days of delivery for a full refund. The book has to be in the same condition it was shipped in, and must not have been written in. It is acceptable if the shrink wrap has been removed. You can expect a full refund to be processed within 4 weeks.

We will pay for return shipping costs if the order was incorrect or defective.

Please understand that we cannot accept returns for personalized gold foil stamp cigar books.

TERMS OF USE

By using the thecigarlegend.com website (the “Website”), you agree to these terms and conditions as an agreement by and between you and the Website and The Cigar Legend, LLC (referred to as “we”, “us” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.

CONDITIONS TO USE OUR WEBSITE

Your permission to use the Website is conditioned upon your agreement that you:

•will comply with these Terms of Use;
•you are 18 years of age or older. The Website is intended for the use of adults 18 years or older. You are not permitted to use the Website if you are under the age of 13. By using the Website, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the Website or to attempt to contact children under 13 through the Website;
•will not copy or distribute any part of the Website in any manner without our prior written consent;
•will provide accurate information when creating an account or registering for our Website;
•will not allow others to use the Website under your User ID;
•are solely responsible for your User ID and the activity that occurs through your User ID;
•will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;
•are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links and pictures including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to other’s proprietary rights;
•grant the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of and/or display any materials provided by you; and
•agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.

YOUR ACCOUNT/PROFILE

To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.
Because sharing User IDs is prohibited, we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at talktous@thecigarlegend.com

YOUR CONTENT

We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated Content or UGC”). You agree not to post or use any UGC in any way that:
•infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;
•violates the privacy, publicity, or other rights of third parties;
•is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or
•could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC.

YOUR CONDUCT

By using the Website, You agree not to:

•conduct or promote any illegal activities;
•attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);
•attempt to gain access to secured portions of the Website;
•use the Website to generate unsolicited email advertisements or spam;
•use any automatic or manual process to search or harvest information from the Website;
•interfere in any way with the proper functioning of the Website; or
•impersonate another user.

LINKS TO OTHER SITES

We may have links to third-party websites that are not owned, controlled or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products or services by the simple inclusion of a link to another website.

NO LIABILITY FOR ACTS OF ADVERTISERS

You waive and release us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers and/or any goods and/or services provided in connection therewith.

Likewise, we make no representations, endorsements, warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever regarding any advertise on the Website.

PROMOTIONS, SWEEPSTAKES AND OTHER CONTESTS

We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Website or engage with advertisers or others associated with the Website. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.

TERMINATION

We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. A termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity and all terms and conditions related to your Content shall survive the termination of this Agreement.

DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY

We provide the Website and the related services "as is", “whereis”, and "as available." We make no express and/or implied warranties or guarantees about the Website, or the goods and services described thereon. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS AND AGENTS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND VENDORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

INDEMNITY

You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from:

(i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.

INTELLECTUAL PROPERTY

We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement.

We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by third parties who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.

You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to us by email or through its suggestion or feedback web pages, you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) we may have something similar to the Contributions already under consideration or in development; (v) you irrevocably assign to us all rights to your Contributions; and (vi) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances. 

COPYRIGHT NOTICE

If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to talktous@thecigarlegend.com or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.” Your notice needs to include: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have 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 (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ENTIRE AGREEMENT

This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO THE AGREEMENT

We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you via email of any substantial changes, by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website. We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.

CHOICE OF LAW AND DISPUTE RESOLUTION

To the maximum extent authorized by law, the laws of the State of Texas govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and us, our officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Website shall be decided exclusively by a court of competent jurisdiction located in the Dallas, Dallas County, Texas.

Waiver of Jury Trial: The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms of Use or your use of the Services.

MISCELLANEOUS

The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to this Agreement.

Cigar bands are not included and are for demonstrative purposes only; all trademarks shown therein are the property of their respective owners.

PRIVACY POLICY

INTRODUCTION

This Privacy Policy discloses the policies of www.thecigarlegend.com (the “Website”) and its operator The Cigar Legend LLC (collectively “we” or “us”) regarding the collection, use and disclosure of information you submit to us through the Website.

USER CONSENT

By accessing or otherwise using the Website, you agree to the terms and conditions of this Privacy Policy, which is incorporated into and forms a part of the Website’s terms of service. You expressly consent to the processing and use of your information as described herein.

TYPES OF INFORMATION COLLECTED

We collect certain "Personal Information" about you which includes, but is not limited to, information that is personally identifiable such as your name, e-mail address, address, user ID number, credit card information and other associated non-public information. We also collect data that is associated with the foregoing, as well as "Anonymous Information," which is information that is not associated with or linked to your Personal Information and does not, based on our understanding, permit the identification of individual persons.

LOCATION OF YOUR INFORMATION

Your Personal Information may be processed and stored outside the United States of America where laws regarding processing of Personal Information may be less stringent than the laws in your country or state. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.

COLLECTION OF PERSONAL INFORMATION

We collect Personal Information you voluntarily submit to us through the Website. It is optional for you to utilize this Website. If you elect to utilize certain aspects of this Website, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip code), company name, email address, telephone number and date of birth. When you order products or services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. If you do not provide certain mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity. We may offer contests, sweepstakes or other contests that will require you to sign up and provide additional Personal Information. In that case, we will collect the information provided along with your involvement in such activity. Additionally, we reserve the right to collect any other information that you voluntarily enter, including Personal Information, into any postings, comments, feedback, or forums on the Website.

We may, but are in no way obligated to, provide for referral or tell another programs that allow you to recommend the site or an article to a friend. If you choose to do so, we will ask for your referral’s name and email address. We will automatically send your friend one or more communications with either the product you have purchased or an invitation for him or her to visit the Website. The communication will allow the referral to unsubscribe from further communications. We will collect this information for the sole purpose of sending an invitation to visit the site, sending their product and tracking the success of any referral program. We will also collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address to your referral. Additionally, we use your email address to contact you about the status of your referral.

COLLECTION OF ANONYMOUS INFORMATION

We use technology to passively collect and store certain anonymous information that is not tied to a specific identified user which may include, but is not limited to your Internet protocol address, browser type and operating system. We, or our authorized third-party representatives may use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit, the site you immediately came from and the site you immediately go to after accessing the Website. It will also collect data about the use of the Website including what programs, applications, advertisements and terms you searched, viewed or clicked. Should you be directed to any other site from the Website, we are not responsible for the acts of other sites and this Privacy Policy does not apply to that site.

We may engage in remarketing to market our sites across the web. When a user visits our site, a cookie is dropped on the user. Users with this cookie may be targeted across advertising networks to receive relevant advertisements.

USE AND DISCLOSURE OF PERSONAL INFORMATION

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes the Personal Information that we collect with any third parties other than third parties working with us.

In general, we use Personal Information you provide to provide you access to the Website and its services, to improve the Website, tailor the features to you and to offer you additional information, opportunities, promotions and functionality from us or the specific advertisers you inquire about on the Website at your request.

Your Personal Information may be disclosed to third-party service providers who work with us to provide some of the services on the Website and to help us communicate with you. Examples include, but are not limited to, sending email, analyzing data, marketing, processing payments (including credit card payments), and providing customer service. We expect our third-party service providers to not to use such information except as necessary to provide the relevant services to us.

We also reserve the right to create Anonymous Information records from the Personal Information you provide by excluding information that we believe in good faith prevents it from being directly identified to a specific user such as your name. This would include any comments or feedback you provide us which becomes our property and we reserve the right to use any such material with your Personal Information redacted in perpetuity for any reason we deem appropriate including, but not limited to, marketing and or improvement of the Website, without royalties or compensation to you. Any such Anonymous Information is subject to terms of this Privacy Policy applicable to all Anonymous Information.

We may share some or all of your Personal Information with our affiliated companies that are under a common control, in which case, we will require them to honor this Privacy Policy.

If we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy. The acquirer of any Personal Information through a business transfer will be subject to this Privacy Policy until revised by the acquirer pursuant to this Privacy Policy.

We reserve the right to disclose your Personal Information if we believe that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You consent to us sharing your Personal Information under the circumstances described herein.

USE AND DISCLOSURE OF ANONYMOUS INFORMATION

This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our partners, advertisers and other third parties in our absolute discretion.

THE ABILITY OF OTHERS TO VIEW YOUR INFORMATION

When you use the Website, certain information you post or provide on the publicly available portions of the Website, may become publicly available and may be collected and used by others, including people outside of the control of the Website. We have no obligations with respect to any information that you post to publicly available parts of the Website.

THIRD PARTY SITES AND ADVERTISING

The Website may contain links to other sites. We are not responsible for the privacy practices or the content of such other websites and this Privacy Policy does not apply to any other sites. We make no representation regarding the privacy practices of any other sites regardless whether we advertise on those sites or provide a link to those sites from our Website.

ABILITY TO UNSUBSCRIBE

Should you receive a promotional email from us, you may “opt-out” of receiving additional promotional email communications from us by following the unsubscribe instructions on the emails. You may also contact us directly at talktous@cigarlegend.com. This applies to promotional communications and not administrative communications we feel are necessary to provide the services on the Website.

DISCLAIMER OF GUARANTY OF SECURITY

We believe we have taken reasonable steps to protect your Personal Information. No one can fully guarantee or fully eliminate all risks associated with Personal Information and we make no such guarantees.

REVISIONS

This Privacy Policy is subject to occasional changes at our discretion. We will post any such changes to this page and may otherwise post other alerts on the Website or communicate such changes through email. If you disagree with any such changes, please cease using the Website. Continued use following the posting of any such changes indicates your acceptance of the changes.

MINORS

This Website is intended for use by those over 18 and minors under the age of 13 may not use the Website.

DO NOT TRACK REQUESTS

We currently do not have a mechanism to respond to Do Not Track Requests at this time.