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What this Agreement Covers
This Agreement governs your use of the Site and the services offered through CustomTobacco.com (the "Services"). The Services permit customers that have an appropriate relationship either with:
(i) Institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions");
(ii) Corporations and small businesses;
(iii) Elementary and secondary schools; or
(iv) Other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of CustomTobacco.com and Third Parties
CustomTobacco.com is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the CustomTobacco.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by CustomTobacco.com.
The Veloz Group is the owner of the Custom Tobacco trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by CustomTobacco.com from Institutions and other third parties (the "Licensed Marks"). By using the CustomTobacco.com Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. CustomTobacco.com will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact CustomTobacco.com and verify the legality of reselling such products prior to doing so. Designs created using the tools on our site are in no way the exclusive property of the customers who assemble such designs. CustomTobacco.com retains the right to display such designs or offer them (or variations of such designs) to other customers. Additionally, CustomTobacco.com has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for CustomTobacco.com production.
You agree to not use CustomTobacco.com's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Custom Tobacco recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through the Custom Tobacco Service except that:
(i) Custom Tobacco may share information about you or an order that you have placed with a relevant Institution in order to allow such Institution to review the use of the Licensed Marks as necessary;
(ii) Custom Tobacco may provide information about you and your order to its subcontractors; and
(iii) Custom Tobacco may share information about you with its marketing partners and affiliates for purposes of marketing Custom Tobacco.
Custom Tobacco employs third party cookies which are used to target customers for advertising purposes. Custom Tobacco collects information (including email addresses) that allows us, among other things, to: process and fill your order; contact you regarding the processing of your order; share your design with those whom you request; improve our website and service; and send informative and promotional emails that may be of interest to you. While this information may be used by us for marketing purposes, it is never shared or sold to other organizations for commercial purposes.
CustomTobacco.com accepts online or telephone payment via credit card or debit card. All payments sent electronically are securely transmitted. CustomTobacco.com also accepts payment via purchase order for qualified customers. Invoices may be paid by credit or debit card.
CustomTobacco.com's orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders are available for a rush charge and are delivered sooner than 14 days, as available by CustomTobacco.com. Delivery times may vary during the holiday seasons.
CustomTobacco.com goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. CustomTobacco.com does not accept refunds or returns. All sales are final. If for some reason CustomTobacco.com makes an exception to the return policy and allows for an items to be returned, a restocking fee will apply. Customers can contact a customer service representative with any questions, concerns, or need for clarification.
Limit of CustomTobacco.com's Responsibility
CustomTobacco.com will be responsible for acting only on those instructions sent to CustomTobacco.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. CustomTobacco.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. CustomTobacco.com is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". CustomTobacco.com does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will CustomTobacco.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CustomTobacco.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Intellectual Property Claims
CustomTobacco respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of CustomTobacco.com, please provide written notice of claims of infringement by emailing firstname.lastname@example.org. In order for us to respond to your notice, it must:
(i) Contain your physical or electronic signature;
(ii) Identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed;
(iii) Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
(iv) Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
(v) Contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law;
(vi) Contain a statement that the information in the written notice is accurate; and
(vii) Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You agree to defend, indemnify and hold CustomTobacco.com and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of CustomTobacco.com's Site and the Service, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of the state of California and, where applicable, by federal law.