Terms & Conditions of Use

These Terms & Conditions of Use were last updated on July 6, 2020.

These Terms & Conditions of Use (the “Terms of Use”) are entered into by and between you and Cheyenne International, LLC. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of www.cheyennecigarettes.com, along with any other website owned or operated by Cheyenne International, LLC or its affiliates, including any content, functionality, and services offered through any of the foregoing (collectively, the “Site”), whether as a guest or a registered user.

If you are accessing or using www.cheyennecigarettes.com, the CheyenneCigarettes.com Privacy Policy is incorporated herein by reference. These Terms, together with the applicable privacy policy (the “Privacy Policy”), govern your use of the Site. Your use of the Site constitutes your acceptance of, and agreement to follow and be bound by, these Terms of Use and the Privacy Policy, each of which constitutes a legal, binding agreement between you and the Company. If you do not agree to and accept, without limitation or qualification, both the Terms of Use and the Privacy Policy, please exit the Site.

Unless otherwise stated in these Terms of Use, all references to “the Company” include Cheyenne International, LLC and all of its affiliates.

By entering and using the Site, you acknowledge and agree that this Site will only be construed and evaluated according to United States law. If you use this Site from other locations, you are responsible for complying with any and all applicable laws. Any and all information contained within the Site, including but not limited to information regarding the Company’s products, applies only to those products provided or offered within the United States.

1. Accessing the Website and Account Security
2. Intellectual Property
3. Claims of Copyright Infringement
4. Prohibited Uses
5. Privacy
6. Links to Third Party Websites
7. Persons under the age of 21
8. Disclaimer of Warranties
9. Limitations of Liability
10. Assumptions of Risk; Waiver
11. Indemnification
12. Waiver; Severability; Entire Agreement
13. Mandatory Arbitration / No Class Relief
14. Limitation on Time to File Claims
15. Changes to the Terms of Use
16. Modification of the Site
17. Electronic Communications
18. Support; Questions; Comments
19. For California Customers Only
20. Void Where Prohibited
21. User Content Agreement

1. Accessing the Website and Account Security
In using or accessing the Site, you are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all individuals using or accessing the Site through your Internet connection are aware of and comply with these Terms of Use.

2. Intellectual Property

The Company owns the Site and owns or has the right to use all of the content on the Site, including all displays, text, images, graphics, functionalities, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, selection, arrangement, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Absent the Company’s express written permission as to particular Content on the Site, you may use the Content only for personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms of Use, you may not reproduce, distribute, publish, download, transmit, modify, create derivative works from, publicly display, publicly perform, or in any way use or exploit, any of the Content, in whole or in part, without the Company’s prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

Further, you are prohibited from (a) framing pages or parts of pages on the Site and deep linking to pages in the Site, (b) using our proprietary trademarks, service marks, or trade names, or any Site content, as or in any meta tags or any other “hidden text” techniques or technologies, (c) modifying or changing copies of any materials from the Site, and (d) deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

The Company owns or licenses all trademarks, service marks, and trade names on the Site, unless indicated otherwise on the Site. You may not use these marks without the Company’s prior express written permission.

Except as expressly provided above, the Company is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms of Use will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of the Company or any third party. You obtain no rights in the products, equipment, processes, or technology described on the Site by accessing or using the Site. The Company and any third-party owners retain all of those rights.

If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: contactus@cheyenneintl.com.

If you print, copy, modify, download, or otherwise use or exploit any part of the Site in breach of the Terms of Use, or provide any other person or entity with access to any part of the Site in breach of the Terms of Use, your right to use the Site will immediately cease, and you must, at our option, return or destroy any copies of materials from or related to the Site which you have created or to which you have contributed. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other applicable laws.

3. Claims of Copyright Infringement

The Company responds to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with notification containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or works claimed to have been infringed; (c) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (d) your name, address, telephone number, and e-mail address; (e) a written statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply substantially with these requirements will not be considered sufficient notice and will not be deemed to confer on the Company actual knowledge of infringing activity or knowledge of facts or circumstances from which infringing activity is apparent. You must send the written notification to Cheyenne International, LLC, Attn: Copyright Agent as follows:

By Mail:
701 S. Battleground Avenue
Grover, NC 28073

By E-Mail:
copyright@cheyenneintl.com

4. Prohibited Uses

You may use the Site only for lawful purposes in accordance with these Terms of Use. You agree not to use the Site: (a) 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); (b) to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation; (c) 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; (d) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the section of these Terms of Use entitled “Ownership of Content and Intellectual Property”; (e) to transmit, or procure the sending of, any advertising, commercial, or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (f) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (g) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability, or (h) to interfere with the proper working of the Site.

You further agree not to: (a) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (b) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (c) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (d) use any device, software, or routine that interferes with the proper working of the Site; (e) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (g) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and (h) otherwise attempt to interfere with the proper working of the Site.

5. Privacy

Any information, including personally identifiable information, that you submit to the Site will be used by the Company in accordance with the applicable Privacy Policy as posted. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the applicable Privacy Policy. The CheyenneCigarettes.com privacy policy can be found here.

6. Links to Third Party Websites

The Site may contain links to other websites that are not operated by the Company. These links, including, but not limited to, banner advertisements and sponsored links, are provided to you only as a convenience. Such linked sites are not under the control of the Company and the Company is not responsible for their content or any actions taken by the operators of such other sites. The inclusion of any link on the Site is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Should you choose to access or use any of the third-party websites linked to this Site, you do so entirely at your own risk and are subject to the terms and conditions of use for the websites.

7. Persons Under the Age of 21

Persons under the age of twenty-one (21) are not permitted to access or use the Site. By accessing and/or using the Site, you represent and warrant to the Company that you meet the foregoing age requirement. Any person under the age of 21 who uses the Site is in violation of these Terms of Use and must exit the Site immediately.

8. Disclaimer of Warranties

The Company makes no guarantees, warranties, or representations as to the timeliness, quality, completeness, reliability, accuracy, operability, and/or availability of any of the information, materials, or other content on the Site, and expressly disclaims all responsibility and liability with respect to such information, materials, or other content. Any opinions, recommendations, views, or other statements should not be relied on as facts. The Site may be unavailable from time to time. The Site may contain inaccuracies or typographical errors. The Company disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. The Company does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. The Company and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.

ALL CONTENT CONTAINED IN THIS SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE SITE, (B) THE ACCURACY, CURRENCY, COMPLETENESS, VALIDITY, OR RELIABILITY OF THE INFORMATION OR OTHER CONTENT ON THE SITE, AND/OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE SITE.

IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS IN CONNECTION WITH SUCH MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitations of Liability

YOUR USE OF THIS SITE AND/OR ANY OF THE CONTENT AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES, OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM THE COMPANY, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE COMPANY, (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (E) ANY RELIANCE YOU PLACE ON INFORMATION PROVIDED ON THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Assumption of Risk; Waiver

YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM YOUR USE AND/OR RELIANCE ON THE SITE OR THE CONTENT CONTAINED ON THE SITE. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE COMPANY, AND ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR OTHER OBLIGATIONS RESULTING FROM OR IN CONNECTION WITH YOUR USE AND/OR RELIANCE ON THE SITE OR THE CONTENT CONTAINED ON THE SITE.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, 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 (a) your use of the Site, (b) your violation of any rights of any other company or person in connection with the Site, or (c) your violation of the Terms of Use or the Privacy Policy.

12. Waiver; Severability; Entire Agreement

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision in these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain effective to the fullest extent permitted by applicable law.

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

13. Mandatory Arbitration / No Class Relief

To the fullest extent permissible by law, with the exception of disputes pertaining to the Company’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND COMPANY RELATING TO YOUR USE OF THIS SITE SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.

14. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Changes to the Terms of Use

The Company reserves the right to revise the Terms of Use at any time and for any reason. All changes are effective immediately when posted. You agree that the Company may notify you of material changes to this policy by indicating the date of the most recent update at the top of the policy, and that you will check the Site frequently for updates. By entering the Site, you acknowledge and agree that you shall be bound by any such revisions. It is your responsibility to visit this page and review the Terms of Use each time you access the Site so that you are aware of any modifications made to the Terms of Use. If you do not agree to the modified Terms of Use, you are not authorized to access or use the Site.

16. Modification of the Site

The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Site, any part of the Site, or any services provided on the Site, from time to time, for any or no reason and without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. The Company may change the information and materials on the Site from time to time at its sole discretion. The Company may restrict access to some or all of the Site to both guests and users.

17. Electronic Communications

When you visit the Site or send e-mails to the Company, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.

18. Support; Questions; Comments

To report any technical problems with the Site (such as links that do not connect or downtime) or if you have any other questions or comments about the Site, please notify us via the website Contact Us page.

19. For California Customers Only

California Civil Code Section 1798.83 requires certain California businesses to disclose, upon a customer’s written request, (a) a list of the kinds of personal information that the business has disclosed to third parties for direct marketing purposes during the preceding calendar year, and (b) the names and addresses of all of the third parties that received personal information from the business for direct marketing purposes during the preceding calendar year. Businesses must respond to such requests within thirty (30) days, but they are only obligated to respond to one request from a customer in a calendar year.

If you are a current customer in California, you may request this disclosure by sending an e-mail request to contactus@cheyenneintl.com listing your name, address, and e-mail address. You must also specifically indicate the nature of your request by including the following language or language substantially similar to it: “I request that you send me your third-party information sharing disclosures as required by California Civil Code Section 1798.83.” As Cheyenne maintains websites for many products, please also specify which product website you are writing in reference to. Alternatively, you may mail your request to the following address:

Cheyenne International, LLC
701 South Battleground Avenue
Grover, NC 28073

20. Void Where Prohibited

The Site is accessible anywhere in the world. However, some of the functions, features, or other Content mentioned on the Site may not be available to all persons or in all geographic locations or jurisdictions. Further, the Company makes no claims that the Site or any of its Content is appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and at your own risk, and are responsible for compliance with all local laws.

In addition, not all persons may be able to participate or win prizes, if applicable, in the promotions offered through the Site. The Company reserves the right, in its sole discretion, to limit the availability of the Site, including any Content or promotions, to any person, geographic area, or jurisdiction at any time.

21. User Content Agreement

This User Content Agreement (the “User Content Agreement”) is a part of the Terms & Conditions of Use. The User Content Agreement represents your legally binding agreement with the Company regarding any User Content (defined below) and the Company’s use, display, and/or distribution of such User Content. Any capitalized terms that are not defined herein shall have the meanings ascribed to them in the Terms of Use.

When you submit or attempt to submit User Content, you signify your acceptance of, and agreement to follow and be bound by, all of the terms and conditions of this User Content Agreement, the Terms & Conditions of Use, and the applicable Privacy Policy. The Company reserves the right to revise the User Content Agreement at any time and for any reason, without advance notice to you, as described in the Terms of Use. You agree that the Company may notify you of material changes to the User Content Agreement by placing a notice on the Site and that you will check the Site frequently for updates. The Company may terminate this User Content Agreement with you and your right to submit User Content at any time without notice to you. If you do not agree with any of the terms and conditions contained in the Terms of Use, the Privacy Policy, or this User Content Agreement, please do not submit or attempt to submit any User Content.

By submitting or attempting to submit User Content to the Site or to any of the Company’s related social networking accounts, you certify that you are over twenty-one (21) years of age, as required by the Terms of Use. The Company will not knowingly collect content or information via the Site from visitors under the age of twenty-one (21) and will take prompt steps to delete any such content or information if notified that any has been inadvertently collected.

(21.1) Submitting User Content

User Content includes any and all content you submit to the Site or to any of the Company’s related social networking accounts or for display or use thereon, including without limitation information, media, materials, photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (“User Content”).

Each time you submit, or attempt to submit, User Content to the Site or to any of the Company’s related social networking accounts, you will be confirming your acceptance of, and agreement to abide by, all the terms and conditions of this User Content Agreement. The Company may request information about you and your submission when you attempt to submit User Content, such as a descriptive title for your User Content and the location where you created such User Content. By submitting User Content, you agree that any of the information you provide to the Company that in any way relates to such User Content will also be considered User Content, even though some of this information may be considered personal information, as described in the applicable Site’s Privacy Policy.

Videos can be uploaded to the Site through YouTube. You must have a YouTube account to submit any User Content involving video technology. As mentioned in the Terms of Use, the Company and the Site are unaffiliated with YouTube. Because uploading videos to the Site through YouTube subjects you to YouTube’s terms of use and privacy policy, the Company encourages you to read YouTube’s terms of use and privacy policy before submitting any User Content through your YouTube account.

Photos can be uploaded to the Site through Instagram. You must have an Instagram account to submit any User Content comprised in whole or in part of photographs. Because uploading photos to the Site through Instagram subjects you to Instagram’s terms of use and privacy policy, the Company encourages you to read Instagram’s terms of use and privacy policy before submitting any User Content through your Instagram account.

The Site contains instructions for submitting User Content. If you have trouble submitting User Content, you may contact the Company for help, but the Company is not responsible for any failed User Content submission attempts. Proof that you submitted User Content will not be considered proof that the Company actually received such User Content. It is important that you keep a copy of any User Content you submit because we are not responsible for lost, damaged, misdirected, unusable, or unreadable User Content.

(21.2) Unauthorized User Content and User Content Standards

You are solely responsible and liable for any User Content submissions made under your name and/or using your Login Information and for any consequences that arise from such User Content. The Company’s decision to display your User Content on the Site does not indicate that the Company endorses any of the views expressed in the User Content or that the User Content reflects the views of the Company. The Company does not have any responsibility or liability in connection with any User Content. If the Company determines that any displayed User Content violates the Site’s Terms of Use or those of any third party social networking website or service, the Company reserves the right, at any time, without notice to you, and without limiting any and all other rights the Company may have under this Agreement, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content in whole or in part, (c) if applicable, revoke or suspend your user account and/or void your entry in any Promotion, and (d) use any technological, legal, operational, or other means available to enforce the terms of this User Content Agreement including, without limitation, blocking specific IP addresses.

The Company may screen User Content submitted to the Site before it is actually displayed on the Site or through any of the Company’s related social networking accounts. You agree that you will not submit or attempt to submit, and that the Company has the right to delete, remove, move, edit, or reject, without notice to you, any User Content that the Company, in its sole discretion, deems to be unauthorized content (“Unauthorized Content”). Unauthorized Content includes, but is not limited to any content that is:

-or may be considered abusive, defamatory, obscene, pornographic;

-causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;

-in violation of copyright, trademark or other intellectual property rights, invasive of the rights of privacy or publicity of any person or entity;

-in violation of any applicable laws, or in violation of the User Content Agreement, the Terms of Use, or the applicable Privacy Policy; or

-in any way unacceptable to the Company for any reason or for no reason.

By submitting User Content to the Site, you represent that such User Content is your original work of authorship, that you have received all necessary permissions for the use of likeness of any and all identifiable persons appearing in such User Content, that such User Content does not violate any intellectual property or other rights of any party, and that such User Content does not contain any Unauthorized Content. If the Company receives notice of any claim of infringement, the Company may remove the User Content associated with such claim. The Company shall have no obligation or liability to you for its failure to remove such Unauthorized Content from the Site. The Company reserves the right to provide information regarding User Content to law enforcement officials, government agencies, and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.

(21.3) Rights Granted to the Company

You agree that any User Content that you or individuals acting on your behalf send to the Company via the Site or any of the Company’s related social networking accounts will not be considered confidential or proprietary, even if the User Content is labeled “Confidential” or “Proprietary.” Further, the Company will own all User Content you submit to it, and by submitting the User Content to the Company, you irrevocably assign to the Company all worldwide rights, title, and interest in and to that User Content. The Company may use such User Content in any format, medium, and with any technology or devices (whether now or hereafter known or existing). The Company may display, reproduce, adapt, reformat, translate, store, modify, create derivative works from, distribute, transmit and otherwise exploit all or any portion of your User Content on the Site or through any other distribution platform, for any purpose, without any accounting, notification, credit, payment or other obligation to you. The Company has no obligation to receive your consent or approval to take any actions with respect to any User Content you submit. These Company rights shall commence immediately upon your submission of User Content to the Site or to any of the Company’s related social networking accounts and continue thereafter perpetually and indefinitely.

The Company shall not be required or have any obligation to display or use any User Content that you submit. The Company has no obligation to take advantage of any of its rights in any User Content you submit. You agree to release the Company from any and all claims, suits, actions, demands, liens, encumbrances, or other rights which you may or could have in relation to your User Content.

(21.4) Financial Consideration

The Company reserves the sole and exclusive right to benefit from this Site, including the User Content submitted to this Site, without any accounting, obligation, or liability to you. The Company has no obligation to compensate you or provide you with any other consideration relating to your User Content.

(21.5) Indemnification

The indemnification obligations arising under Section 10 of the Terms of Use are fully applicable to all User Content. Your indemnification obligations include, without limitation, liability for any third party claims arising from, related to, or caused by your User Content, the submission of your User Content, and/or in any way associated with this User Content Agreement and/or the Site.

(21.6) Mandatory Arbitration / No Class Relief

To the fullest extent permissible by law, with the exception of disputes pertaining to Company’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND COMPANY RELATING TO THIS AGREEMENT SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.