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Term Of Use
123-CIGARETTES-ONLINE.COM
Introduction
Welcome to 123 cigarettes online (the “Site”). The Site offers online information about tobacco and its accessories. Please read the following Terms of Use (the “Terms of Use”) carefully before using this Site, so that you are aware of your legal rights and obligations with respect to the site owner and/or its affiliates and subsidiaries (individually and collectively, the “Company” or “Site Owner”).
By using the Site and any services and/or products provided on the Site, you signify your irrevocable acceptance of these Terms of Use. The Company has the right to revise these Terms of Use at any time without providing notice to its users. Your continued use of the Site and/or any services and/or products provided on the Site shall be deemed irrevocable acceptance of those revisions.
The Company reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. The Company may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and the Company, the Site and any materials included therein are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the Company does not warrant that the functions contained in the Site or available through the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not the Company) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any special or consequential damages that result from the use of, or the inability to use, the Site or any service provided therein, even if the Company or a Company authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from the Company or from or through the Site shall create any warranty not expressly stated in these Terms of Use. Notwithstanding the provisions of any applicable laws, it is hereby agreed that in no event shall the Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, to the Company in respect to y materials, services or products contained in the Site.
Links
The Company may provide links to other sites that it feels are relevant and interesting to its users (“Link Sites”). The Company is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products. We do not endorse any of the products nor do we make any representations or warranties in connection with the Products.
The Company may provide through the Site information and/or services provided by third parties. The Company shall not be held responsible for such third party’s information, its accuracy, the third party’s ownership of such information or otherwise. Your use of any such information is at your own responsibility and the Company shall not be liable for any damages caused by using such information, nor shall the Company be liable for any third party proprietary rights infringement by such information.
Commercial Contents
The Site contains commercial information, such as advertisements and announcements that are published by various users and ad providers, who offer to sell their goods and services. Such content may be by text, audio or photos. The company shell not be held liable and/or responsible for the commercial contents published in the Site. The sole responsibility to commercial contents and to any cost or expense related to the use or otherwise relaying upon said contents shall be on the owners of such content. Publication of commercial contents in the Site shell not be held as a recommendation or as an inducement to purchase goods, services or products offered for sale in the commercial contents, and the company shell not be held liable in respect to the purchase of any such goods and services advertized in the commercial contents.
Proprietary Rights; Copyrights and Trademarks.
The Content available on the Site is owned by the Company or its licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from the Site unless we have expressly authorized you to do so. For the purpose of these Terms of Use, “Content” shall mean any software, communications, images, sounds, and all the material and information you see on the Site.
You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on the Site, unless the Company expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on the Site can lead to the termination of the Company’s service to you and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Advertisements
The agreement of the User to the above mentioned terms and conditions implies agreement to transmission of advertisements according to the Israel Law on Communication (Bezeq and broadcasting) (amendment no.40, 2008) (Hereinafter the “Law”). It is clarified herein that the users agreement may be cancelled by means of sending a message of cancellation to the company in writing or by the same means with which the advertisements were sent. As long as the customer has not cancelled his agreement to receive advertisements, the company will be authorized, according to the Law, to use customer details and/or, pass on his details to a third party in order to expose the registered users to update and/or commercial material which may be relevant in connection with them, including email, SMS, or other channels, and material that the company and/or a third party chooses to pass to the user. A user who is not interested in this may cancel this option at the time of registration as a registered user.
Administrative Information
Privacy
The Company is authorized to collect information concerned with use and patterns of use, and use this for improving the services that the company offers, for the purposes of focused advertising or for other commercial purposes.
It is clarified herein that in any circumstance in which the company is requested by an official authority which operates from within its legal mandate, to pass on evidence and/or information which is within its possession, including IP addresses, that is in the possession of the company, then the company will act pursuant to the provisions of the applicable law and will pass on the required information.
Jurisdictional Issues
This Site is controlled and operated by the Company. The Company makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and the Company agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law and You irrevocably submit to the exclusive jurisdiction of the courts of Cyprus.
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