Close Terms and Conditions Terms of Use for the Oettinger Davidoff AG website: Welcome to the website of Oettinger Davidoff AG (“ODAG” “we,” “our” or “us”). The following terms and conditions, together with any policies or documents that are expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of www.oettingerdavidoff.com, including all sub-pages and any content, functionality and services offered on or through www.oettingerdavidoff.com (the “Website”), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Website. By using the Website and by verifying that you are 21 years of age or older, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, found at www.oettingerdavidoff.com, and our Cookie Policy, found at www.oettingerdavidoff.com, both incorporated herein by this reference. If you do not want to agree to these Terms of Use, you must not access or use the Website. You can contact us via email at the following address: info@davidoffofgeneva.com 1. Changes to These Terms of Use. We reserve the right, at our complete discretion, to change these Terms of Use at any time by posting revised Terms of Use on the Website. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of the Website following the posting of changes to these Terms of Use means you accept the changes. 2. Accessing and Using the Website; Security. 2.1. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. For as long as you respect these Terms of Use, we will grant you the non-transferable, limited right to access the Website. 2.2. The information published on the Website represents neither a recommendation, nor any kind of offer or request to purchase products or to conclude any kind of legally binding commitment by you to us. 2.3. To access the Website or some of the resources it offers (e.g., competitions), you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any Interactive Services (as defined below) on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with these policies. 2.4. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 2.5. We have the right to disable your user name, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 2.6. The Website uses cookies to help us give you the best experience when you visit our Website. Our use of cookies is governed by our Cookie Policy. By continuing to use the Website, you consent to our use of these cookies. 3. Intellectual Property Rights. 3.1. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ODAG, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: · Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials. · Your computer may store files that are automatically cached by your Web browser for display enhancement purposes. · You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. 3.2. If you print, copy, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 3.3. The ODAG name, the ODAG logo, the term Davidoff Cigars, and all related names, logos, product and service names, designs and slogans are trademarks of ODAG or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. 3.4. Your use of the Website, including any permitted printing, copying, or downloading of any part of the Website, does not transfer to you any right, title or interest in or to the Website or any content on the Website, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. 4. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: · In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). · For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. · To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use. · To impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing). · To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or other users of the Website or expose us or them to liability. · Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. · Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. · Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. · Use any device, software or routine that interferes with the proper working of the Website. · Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. · Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. · Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. · Otherwise attempt to interfere with the proper working of the Website. 5. User Contributions 5.1. The Website may contain message boards and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, text or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. Your User Contributions must comply with the Content Standards set out in these Terms of Use. 5.2. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the unlimited and irrevocable right to license, use, reproduce, modify, perform, display, distribute and otherwise disclose, in any form, media or technology existing at present or in the future, to third parties any of your User Contributions for any purpose and without compensation to you. Furthermore, you authorize us to use for our own purposes, without compensation to you, any and all ideas, concepts, knowledge, or techniques contained in your User Contributions. By way of a non-exhaustive example of such authorization, we may use your contributions to develop, invent, or market products. 5.3. You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and that all of your User Contributions do and will comply with these Terms of Use. 5.4. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. 5.5. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. 6. Content Standards. These content standards apply to your User Contributions and use of Interactive Services. Your User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the generality of the foregoing, your User Contributions must not: · Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. · Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. · Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. · Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. · Be likely to deceive any person. · Promote any illegal activity, or advocate, promote or assist any unlawful act. · Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. · Impersonate any person, or misrepresent your identity or affiliation with any person or organization. · Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. · Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case. 7. Monitoring and Enforcement; Termination. 7.1. We have the right to: · Limit or prohibit your access to or use of the Website at any time. · Change, edit, remove or refuse to post any User Contributions for any or no reason in our sole discretion. · Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for us. · Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. · Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. · Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. 7.2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ODAG AND OUR AFFILIATES, AND EACH OF THEIR AND OUR RESPECTIVE LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES. 7.3. We may monitor User Contributions for compliance with these Terms of Use; however, we cannot and do not undertake to review all or any User Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 8. Links from the Website. 8.1. If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Links from the Website to other websites are not an endorsement by us. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 9. Disclaimer of Warranties. 9.1. You use the Website at your own risk. You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 9.2. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 9.3. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 9.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 10. Limitation of Liability IN NO EVENT WILL WE, OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 11. Indemnification. You agree to defend, indemnify and hold harmless ODAG, our affiliates, licensors, licensees and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, licensees, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. 12. Governing Law and Jurisdiction. 12.1. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. 12.2. With respect to any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website, you consent to the exclusive jurisdiction and venue of the courts located in the State of Florida, in the United States of America, specifically the United States District Court for the Middle District of Florida if federal jurisdiction exists and, if no federal jurisdiction exists, the state courts of the State of Florida, Hillsborough County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding the forgoing, if you do not reside in the United States, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. 13. Waiver and Severability 13.1. Any failure by us to assert a right or provision under these Terms of Use does not constitute a waiver of such right or provision. Any waiver by us of any term or condition set forth in these Terms of Use is not, and should not be considered to be, a further or continuing waiver of such term or condition or a waiver of any other term or condition. 13.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.