Terms and Conditions

This Terms of Use agreement sets forth the terms and conditions for using the websites of Top Hat Media Group, which include the websites at www.cigarandspirits.com and other Top Hat Media Group-operated websites corresponding to Top Hat Media Group’s various publications. This Terms of Use agreement constitutes a legally binding agreement between you and Top Hat Media Group. Please read this agreement carefully before using any of Top Hat Media Group Websites, registering for any services offered by Top Hat Media Group, making any purchases, or activating any account with Top Hat Media Group.

By using the Top Hat Media Group Websites, you agree that you have read the Terms of Use agreement, understand it and agree to be bound by its terms and conditions, as we may amend from time to time and post on the Top Hat Media Group Websites. Your use of the Top Hat Media Group Websites signifies your agreement to these Terms of Use. Likewise, your continued use of any of the Top Hat Media Group Websites after revisions have been posted indicates your acceptance of such revisions.

PRIVACY

Your use of the Top Hat Media Group Websites is governed by the Top Hat Media Group Privacy Policy, which is incorporated by reference. You agree to Top Hat Media Group’s collection, use and sharing of your information as set forth in the Privacy Policy.

PROPRIETARY RIGHTS

Top Hat Media Group owns all rights, title and interest in and to the material appearing on the I Top Hat Media Group, including, without limitation, all marks, graphics, images, layouts, presentation, page headers, button icons, typefaces, trade names, trade dress, logos, content, website design, data compilations, and text, which are protected by copyright, trademark, trade dress and other intellectual property laws. Any use of Top Hat Media Group’s trademarks, trade dress or copyrighted materials without our express permission is strictly forbidden.

PERMITTED USE

Your accessing and viewing of the Top Hat Media Group Websites is only for your personal, non-commercial use. Aside from page caching and the downloading of a single copy of the Top Hat Media Group Websites for your own personal, non-commercial use, no other uses are permitted.

USER RESPONSIBILITIES

It is solely your responsibility to keep your account information and password secure. Do not disclose your account information, including password to anyone that you have not authorized to use your account. You assume all liability from the use of the Top Hat Media Group Websites from any users that use your account. You agree to notify Top Hat Media Group immediately of any unauthorized account use or security breach. I-5 Publishing LLC disclaims all liability arising from your failure to keep your account information and password secure.

DISCLAIMER

THE TOP HAT MEDIA GROUP WEBSITES AND RELATED SERVICES ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY. WE DISCLAIM ALL WARRANTIES AS TO THE OPERATION OF THE TOP HAT MEDIA GROUP WEBSITES, THE CONTENT, INFORMATION MADE AVAILABLE THROUGH SUCH SITES, AND GOOD OR SERVICES PURCHASED THROUGH SUCH SITES. TO THE EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULR PURPOSE TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TOP HAT MEDIA GROUP DOES NOT WARRANT THAT USE OF THE TOP HAT MEDIA GROUP WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE TOP HAT MEDIA GROUP WEBSITES IS SOLELY AT YOUR RISK.

THIRD-PARTY WEBSITES LINKED TO OR FROM THE TOP HAT MEDIA GROUP WEBSITES ARE NOT CONTROLLED BY THE TOP HAT MEDIA GROUP. THE TOP HAT MEDIA GROUP EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST THE TOP HAT MEDIA GROUP REGARDING SUCH THIRD-PARTY WEBSITES AND CONTENT.

LIMITATION OF LIABILITY

THE TOP HAT MEDIA GROUP SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE TOP HAT MEDIA GROUP WEBSITES OR SERVICES AVAILABLE IN CONNECTION THEREWITH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU IN CONNECTION WITH USE OF THE TOP HAT MEDIA GROUP WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TOP HAT MEDIA GROUP WEBSITES.

INDEMNIFICATION

You agree to indemnify and hold the Top Hat Media Group and its subsidiaries, affiliates, partners, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorney fees and costs, made by any third party arising out of your use of the Top Hat Media Group Websites, and content you may have posted, any violation of any third party rights, any violation of the Terms of Use, or any violation of any other law.

GENERAL

These Terms of Use and the relationship between you and the Top Hat Media Group shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any action relating to these Terms of Use will be brought exclusively in the federal or state courts located in Los Angeles, California, and you consent to the personal jurisdiction of such courts. No failure or delay by the Top Hat Media Group in exercising any right under these Terms of Use will operate as a waiver thereof. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Top Hat Media Group Websites or these Terms of Use must be filed within one year after such claim or cause of action arose or be permanently barred. The section titles in these Terms of Use are for the convenience of the parties only and have no legal or contractual effect. These Terms of Use, including the Privacy Policy, incorporated herein by reference, represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. You shall not assign your rights or obligations hereunder without the Top Hat Media Group’s prior written consent.

CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL

The Top Hat Media Group respects the intellectual property rights of others and we expect our users to do the same. If you believe that material posted on the Top Hat Media Group Websites infringes your copyright, please provide a written notification containing all of the following to our Copyright Agent:

The Top Hat Media Group does not guarantee that any complained-of content will be deleted or modified. The Top Hat Media Group’s Copyright Agent for notice of claims of copyright infringement is:

Content Specialist
Digital Department
Top Hat Media Group
3 Burroughs
Irvine, CA 92618
or email to:
Internet Support

TERMINATION

These Terms of Use are effective until terminated by either party. The Top Hat Media Group may, in its sole discretion, without notice to you, suspend or terminate your use of the Top Hat Media Group Websites or terminate any account or registration for any activity. You may terminate these Terms of Use at any time, by discontinuing use of the Top Hat Media Group Websites. However, you are still liable for any violations of the Terms of Use prior to any termination. The Top Hat Media Group shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of access or use of the Top Hat Media Group Websites.