Terms & Conditions of Use
This website is operated by Tannous Innovations LLC. (hereafter "TI") Any use of this website or materials obtained from these websites ( HYPERLINK "http://www.shishavac.com; www.tannousinnovations.com; www.sheeshavac.com, hereafter referred to in the singular" www.shishavac.com; www.tannousinnovations.com; www.sheeshavac.com, hereafter referred to in the singular) is conditioned upon your acceptance of these Terms & Conditions, including the Privacy Statement. TI reserves the right to amend these Terms & Conditions at any time without prior notice and as deemed appropriate by TI. Users have an affirmative responsibility to periodically to review the Terms & Conditions. All changes shall come into effect immediately upon posting. Any use of this website shall be deemed acceptance of these Terms & Conditions.
The Website is intended for use only if you are of legal age to purchase and use tobacco products and devices and accessories for the use of tobacco products in your municipality of residence, country of residence, in the country from which you are accessing the Site, and in the United States. If you are not of legal age, your use is wholly and completely unauthorized and you must leave this website immediately.
IF YOU ARE NOT OF LEGAL AGE, DO NOT CONTINUE TO REVIEW THESE TERMS AND CONDITIONS OF USE AND LEAVE THE WEBSITE NOW.
1. Rights - all rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) of this website are owned by TI and its licensors, licensees and designees. You are only permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorized in writing by TI prior to such use. You may not copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
2. Intellectual Property - TI is the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, and all other intellectual property appearing on or contained within the website unless expressly disclaimed. The use of this website does not grant any right, title, interest or license to any such intellectual property on the website. Any use or reproduction of the intellectual property is prohibited absent written authorization from TI.
Included within the scope of Intellectual Property is any information provided by TI in any fashion, including but not limited to, brochures, specifications and samples. Any user of this site further agrees that it will not purchase, acquire by any other means, examine, or reverse engineer any product produced by TI with the intent of replicating the product of TI or developing a competitive product containing any of the functions of products produced by TI. Any such action is strictly prohibited and the user of the site, by agreeing to these conditions, agrees to this limitation and agrees to jurisdiction of this matter pursuant to clauses 15 and 16 no matter where this action may occur and no matter where the user of this site is located or where the user of this site accesses this site.
3. Printing, Copying and Saving - You may view the Website. You may also print hard copies of material on the website solely for your lawful, personal, non-commercial use. You may also save a single electronic copy of materials on the website for your own lawful, personal, and non-commercial use. All other copying in any fashion is expressly prohibited. All other rights not expressly waived are hereby reserved.
4. Acceptable Usage Policy Relating To Message Boards
TI may operate text based discussion services ("Message Boards") on this website. TI reserves the right to being such service or terminate such service at any time without prior notice. TI may or may exercise editorial control over the content of any posting and may or may not actively monitor use of, or content or materials posted anywhere on the site by others. Based on the foregoing, it is possible that an authorized user may be exposed to conduct which may be considered offensive, objectionable or otherwise inappropriate. Further such content could be inaccurate, incomplete, fraudulent or deceptive. Your use of the message boards is entirely at your own risk and you are urged to confirm any information through independent sources.
TI reserves the right, but is not obligated, to monitor any posting on this website and to remove, amend, edit or alter any or all content which TI considers, in its sole discretion to be inappropriate or improper. TI also reserves the right to suspend or terminate access to this site for any reason solely at the discretion of TI.
The following conduct constitutes a listing of conduct which is inappropriate. This listing is not all inclusive and the fact that conduct does not appear below does not automatically make such conduct appropriate.
The services may not be used for any unlawful, immoral, unethical or improper purpose;
using the services to create, host or transmit in any fashion any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others for any reason;
using the services to cause any impact, whether beneficial or harmful, or attempt to impact, any individual not of legal drinking age;
using the services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
using the services to create, host or transmit material which infringes any copyright, trademark, patent, trade secret, privacy, publicity or other intellectual property or proprietary rights of any party;
using the services to create, host or transmit solicited or unsolicited material of any kind to any third party;
using the services to make false, misleading, deceptive or fraudulent offers to sell or buy products, items or services or to send chain letters or pyramid schemes and the like;
using the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, TI's or a third party's security measures, computer software, hardware, electronic communication system, or telecommunications systems;
using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent;
using the services for any activity which adversely affects the ability of other people or systems to use the services or the internet generally, including, without limitation, flooding and hacking;
reselling, repurposing or redistributing any services provided by TI, our contractors, or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorized to use.
encouraging, condoning or otherwise promoting under-age smoking of tobacco products.
disclosing any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address or any other information from which an individual's identity or contact information can be derived)
This is not meant to be an exhaustive list of unacceptable uses. All users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
Any posting will be deemed public. Any personal information, including information posted in violation of the acceptable use policy, but not limited to your username, email address, mailing address, and phone number is accessible to the public and may be collected and used by anyone for any purpose. TI reserves the right, but does not assume the obligation, to remove any Postings that contain personally identifiable information. TI shall not be liable for the use or misuse of any information or data, you post.
All users affirmatively represent and warrant that their postings are original to the poster, are not offensive, obscene, defamatory, discriminatory or otherwise inappropriate. All users further affirmatively represent and warrant that no third party has any rights in your posting and that all users grant TI a perpetual, irrevocable, non-exclusive, royalty-free, fully transferable license which is not subject to any geographic limitation to use the posting in whatever fashion TI deems appropriate including, but not limited to the development of derivative works based on the postings. All users further affirmatively represent and warrant that any and all "moral rights" have been waived. TI is not responsible for maintaining the content of this website and any and all content, including postings, may be deleted, redacted or destroyed by TI at any time and without prior notice of any kind.
Content, information and materials posted by users to message boards are not endorsed, reviewed or otherwise approved by TI. It is your responsibility to evaluate and confirm the accuracy of information provided on or through message boards. The opinions expressed in Message Boards are not necessarily ours. Any statements, advice and opinions made by participants are those of such participants only. TI shall not be held responsible for any statements, advice, opinions or other content or materials on Message Boards. All users release TI from claims and demands of every kind and nature, known and unknown, hoTIever arising out of or in any way connected with a dispute with another user of the Site.
TI may enable you to establish an account with a username and password to access and use the Message Boards. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) establish a secure password containing at least six letters in length with at least one numeral, one upper case letter, one lower case letter and one number, which password shall be unique to the TI site and not used by you on any other website, (b)immediately notify TI of any unauthorized use of your password or account or any other breach of security, and (c) ensure that you exit from your account at the end of each session and clear your internet cache and browser. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify TI when you desire to cancel your account. TI will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
5. NO WARRANTIES - This site is provided "as is," and your use thereof is at your own risk. TI, its officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. TI does not warrant that the site will be free from viruses, available or that the contents will be accurate. Although TI will take reasonable steps to secure the site, you acknowledge that the internet is not a completely secure medium and TI makes no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorized access or use. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
6. THIRD PARTY GOODS AND SERVICES - TI does not vouch for those persons, companies and other organizations whose goods or services may be accessed or displayed through or on the site.
7.Your Responsibility- You should always verify the information set out in the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide TI with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses that TI may make of such information.
8. NO LIABILITY -To the fullest extent permitted by law TI, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the site or from any computer virus transmitted through the site, or other sites accessed from the site, whether such loss, cost or damage arises from TI's negligence or otherwise, even if TI was expressly informed of the possibility of such loss or damage. In no event shall TI's total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms and conditions, including our privacy statement, or use of the site exceed, in the aggregate, $100.00 (usd).
9. Materials Submitted by You - Unless specifically requested, TI does not solicit nor does TI wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by TI, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by TI without restriction for whatever purpose TI deems fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any "moral rights" in posted materials have been irrevocably waived by the appropriate authors. TI shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by TI to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
10. User Information - In the course of your use of the Site, you may be asked to provide personal information to TI (such information referred to hereinafter as "User Information"). TI's information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
11. Links from and to the Site - You acknowledge and agree that TI has no responsibility for the information provided by websites to which you may link from the Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with TI of such sites or the content, products, advertising or other materials presented on such sites. TI has no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that TI are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to the Site or its pages without TI's prior written consent.
12. Indemnity - You will indemnify TI against any loss, damage or cost incurred by TI arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from Linked Sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to TI is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). TI reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with TI in any such defenses.
13. Restriction, Suspension and Termination - TI may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if TI believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights that TI may have against you in respect of your breach of these Terms & Conditions. TI may also remove the Site as a whole or any sections or features of the Site at any time. Please note that TI has the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
14. Entire Agreement - These Terms & Conditions, including TI's Privacy Statement, constitutes the entire agreement between you and TI in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by TI to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. TI may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.
15. Copyright And IP Agent for the United States - TI respects the intellectual property rights of others, and insists that anyone that uses our Site do the same. If you believe that your work has been copied in a way by anyone on our site and that such that constitutes copyright infringement, please forward the following information by certified mail, return receipt requested to TI's attention at: Tannous Innovations, LLC, 516 North Ogden Avenue, Number 140, Chicago, Illinois 60642 USA
Your address, telephone number, fax number and email address;
A description of the intellectual property that you claim has been infringed;
A description of the alleged infringing activity and the page address of the alleged infringing material;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A certification by you under oath that the information is, to the best of your knowledge, accurate and complete and that you either own the intellectual property or are expressly authorized to act on behalf of the owner of the intellectual property.
Any user of this site who violates the intellectual property of TI in any manner and in any location agrees to enforcement of TI's rights in the forum specified in this agreement and consents to service of process by any reasonable method including, but not limited to, telefax or mail.
16. Law and Jurisdiction - These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by Illinois law. To the extent that software is accessible through the Site, such software may be subject to export, re-export and/or import controls imposed by the United States or any other jurisdiction and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department's Table of Denial Orders.