1. INTRODUCTION
1.1 Welcome to J REYNOLDS SYSTEMS. These Terms of Service set forth the terms and conditions under which J REYNOLDS SYSTEMS SOFTWARE LLC and its affiliates and subsidiaries (individually and collectively, "J REYNOLDS SYSTEMS," "we," "us," or "our") offer:
(a) our PC and mobile games ("Games");
(b) the base game client software and J REYNOLDS SYSTEMS and mobile platform client software ("Software");
(d) any other applications, websites, games or services that link to these Terms of Service, regardless of how you access or use them, including through a mobile device,
(collectively, the "Services").
1.2 The Services also include any services provided by or through the J REYNOLDS SYSTEMS Platform Client Software, any services provided through our games or websites, and all information, linked pages, functionality, data, text, images, photos, graphics, music, sound, video, messages, tags, content, programming, software, application services (including but not limited to any mobile application services), or other materials made available by or through us, including user-generated content or "UGC" (collectively, "Content"). "UGC" means content of any type or nature uploaded, created and posted by Users (as defined below) or generated through or made available on the Services. Any updates, upgrades and new features added to or enhanced by the Services are also subject to these Terms of Service. Not all Services or Content are available in all jurisdictions.
1.3 By using the Services, you irrevocably accept these Terms of Service. If you do not agree to these Terms of Service, please do not use our Services.
1.4 J REYNOLDS SYSTEMS reserves the right to modify these Terms of Service at any time or by notifying users in accordance with applicable law. We will periodically update you of any revisions to these Terms of Service, including by posting such revised Terms of Service here. We encourage you to check this page periodically to take note of any changes. To the maximum extent authorized by law, your continued access or use of the Services shall be deemed to be irrevocably accepted by you of such revisions.
1.5 J REYNOLDS SYSTEMS reserves the right to change, modify, suspend or terminate any part of the Services at any time. J REYNOLDS SYSTEMS may release certain Services or their features as beta versions, which may not work properly or operate in the same manner as the final version, in which case we will not be liable. J REYNOLDS SYSTEMS may also impose limits on certain features or restrict your access to part or all of the Services at its sole discretion without prior notice or liability.
1.6 J REYNOLDS SYSTEMS reserves the right to refuse to provide you with services or allow you to open an account for any reason.
2. Privacy
Your privacy is very important to us here. To better protect your rights, we provide the J REYNOLDS SYSTEMS Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to learn how J REYNOLDS SYSTEMS collects and uses information related to your account or your use of the Services. By accessing or using the Services or agreeing to these Terms of Service, you consent to J REYNOLDS SYSTEMS collecting, using, disclosing, processing and/or transferring your Content and Personal Data as described in the Privacy Policy.
3. Limited License
3.1 J REYNOLDS SYSTEMS grants you a non-exclusive, non-transferable, limited right and license to install the Software and access or use the Services, subject to the terms and conditions of these Terms of Service and solely for your personal use. Under this license, you may use the Services to create, develop, modify, upload and (share with other users) UGC as part of a game. For the avoidance of doubt, this license does not allow you to use the Services (including but not limited to any individual element thereof, including but not limited to games, software or content) for any commercial purpose. J REYNOLDS SYSTEMS reserves the right to terminate any license granted in these Terms of Service at any time and for any reason without notice. J REYNOLDS SYSTEMS hereby reserves all rights not expressly granted by J REYNOLDS SYSTEMS under these Terms of Service. Any third-party scripts or code linked to or referenced from the Services are licensed to you by the third party that owns such scripts or code, and not by J REYNOLDS SYSTEMS.
3.2 You acknowledge and agree that all title, proprietary rights and intellectual property rights associated with the Services (including, without limitation, any derivative works, titles, computer code, objects, themes, characters, character names, stories, dialogue, catchphrases, locations, concepts, artwork, graphics, animations, sounds, musical works, audio-visual effects, text, screen displays, methods of work, moral rights, "applets" included in the Services, and any related documentation), excluding UGC (which is subject to and governed by Section 12 below), are the property of J REYNOLDS SYSTEMS and, as applicable, third-party owners identified in the Services.
3.3 By using or accessing the Services, you agree to abide by copyright, trademark, service mark, and all other applicable laws protecting the Services and their content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any part of the Services or their content. You also may not mirror or frame any part or all of the Services on any other server or as part of any other website without our prior written consent. In addition, you agree not to use any robot, spider, or any other automatic device or manual process to monitor or copy our content without our prior written consent (such consent is deemed standard search engine technology employed by Internet search sites to direct Internet users to the Site). 3.4 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with J REYNOLDS SYSTEMS. You acknowledge that J REYNOLDS SYSTEMS may cease providing any part of the Services at any time, in its sole discretion, without notice. 4. Terms of Use 4.1 The license to use the Service remains effective until terminated in accordance with the provisions of these Terms of Service or until you fail to comply with any term or condition of these Terms of Service. In such event, J REYNOLDS SYSTEMS may effect such termination without notice. 4.2 You agree not to:
(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, libellous, harassing, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) use the Services to harm minors or make available content that is harmful to children or minors in any way;
(c) upload, post, email, transmit or otherwise make available any content that infringes the rights of any party, including any patent, trademark, copyright, intellectual property or other proprietary right;
(d) use the Services to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise or mislead as to the origin of any content or communication transmitted through the Services;
(f) remove any proprietary notices from the Services;
(g) cause, permit or authorize the modification, creation of derivative works or translation of the Services without the express permission of J REYNOLDS SYSTEMS;
(h) Use the Services for any commercial purpose or for the benefit of any third party, or in any manner not permitted by the license granted herein;
(i) Use the Services for fraudulent or illegal purposes, including any purpose related to money laundering or gambling, or for any purpose inconsistent with or in violation of applicable law;
(j) Attempt to decompile, reverse engineer, disassemble or hack the Services (or any part thereof) or any network connected to the Services, or attempt to breach, defeat or overcome any authentication measures, encryption technology or security measures implemented by J REYNOLDS SYSTEMS on the Services, any network connected or associated with the Services, or on any data transmitted, processed or stored by J REYNOLDS SYSTEMS;
(k) Upload, post, email, transmit or otherwise make available any Content that contains any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of the Services or any computer resources belonging to J REYNOLDS SYSTEMS or its users;
(l) Upload, post, email, transmit or otherwise make available any content that threatens the unity, integrity, defense, security or sovereignty of the country or jurisdiction from which you access or use the Services, friendly relations with foreign nations, or public order, or that causes incitement to commit any cognizable crime or prevents the investigation of any crime or insults other countries;
(m) attempt to solicit, harvest or collect any information about other users or account holders, including, without limitation, any personal data, account information, passwords or other information;
(n) attempt or gain unauthorized access to any portion or feature of the Services, including any other user’s account;
(o) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(p) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(q) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
(r) Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other computer code, routines, files, or programs that are designed, directly or indirectly, to interfere with, manipulate, interrupt, destroy, or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(s) Use any modified, hacked, or other unauthorized version of the Services for the purpose of spoofing, gaining an unfair advantage over other users, or for any other purpose;
(t) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services can type, or otherwise act in a manner that negatively affects other users' ability to engage in real time communications;
(u) Interfere with, manipulate, or disrupt the Services or servers or networks connected to the Services, or any other user's use and enjoyment of the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
(v) Take any action or engage in any conduct that could, directly or indirectly, damage, disable, overburden, or impair the Service or the servers or networks connected to the Service;
(w) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guide, policy or regulation, including, without limitation, laws and requirements related to anti-money laundering or counter-terrorism (whether or not having the force of law);
4.3 You acknowledge, consent and agree that J REYNOLDS SYSTEMS may access, preserve and disclose your account information and content if required to do so by law or order of a court or any governmental or regulatory body with jurisdiction over J REYNOLDS SYSTEMS or if J REYNOLDS SYSTEMS has a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of J REYNOLDS SYSTEMS, its users or the public.
5. Software Updates and Patches
5.1 We may provide updates, patches and other modifications to the Services, which you must install in order to continue to play our games properly or at all. We may update, patch or modify the Software remotely and access the Software residing on your computer or device for this purpose, and you hereby grant J REYNOLDS SYSTEMS the right to deploy and apply such patches, updates and modifications. All references to "Software" in these Terms of Service shall also include all such patches, updates and modifications.
5.2 You must always use the latest version of the Software, which includes all updates and/or patches provided by us, and to the maximum extent authorized by law, J REYNOLDS SYSTEMS will not be liable for any loss or damage arising from your failure to use the latest version or use of any outdated version of the Software.
6. DISCLAIMER
6.1 THE SERVICES ARE PROVIDED “AS IS” AND J REYNOLDS SYSTEMS MAKES NO WARRANTIES, CLAIMS OR REPRESENTATIONS REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, J REYNOLDS SYSTEMS DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, BOOM-PUTTING DEVICES, TROJAN HORS, ROUTING, TRAPDOORS, TIME BOMBS OR ANY OTHER HARMFUL CODE, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES RESTS WITH YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO TO THE EXTENT THAT SOME OR ALL OF THE ABOVE DISCLAIMERS ARE EXCLUDED BY APPLICABLE LAW, THEY MAY NOT APPLY TO YOU.
6.3 J REYNOLDS SYSTEMS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY ANY EVENT OR CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL, OR FOR ANY FAILURE TO PERFORM OR DELAY IN PERFORMING OUR OBLIGATIONS UNDER THESE TERMS OF SERVICE, INCLUDING SYSTEM FAILURE, NETWORK PROBLEMS, TECHNICAL PROBLEMS, OR LOSS OF DATA RESULTING FROM ANY OF THE FOREGOING ACTS OF GOD, FLOOD, EPIDEMIC, PANDEMIC, QUARANTINE, RIOTS OR WAR.
7. EXCLUSION AND LIMITATION OF LIABILITY
7.1 IN NO EVENT SHALL J REYNOLDS SYSTEMS BE LIABLE FOR LOSS OF USE, PROFITS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, PHONE OR MOBILE DEVICE FAILURE), INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM THESE TERMS OF USE, EVEN IF J 7.2 Your only right with respect to any problems or dissatisfaction with the Service is to terminate your account and cease using the Service.
8. Links to Third Party Websites
Certain links provided through the Service may lead you away from the Site or the Game. These links are provided as a courtesy only and the websites they link to are not under any control of J REYNOLDS SYSTEMS and therefore you access them at your own risk. J REYNOLDS SYSTEMS is therefore not responsible for the contents of any such linked website or any link contained in a linked website, including any changes or updates to such websites. J REYNOLDS SYSTEMS provides these links only as a convenience and the inclusion of any link does not in any way imply or indicate any affiliation, endorsement or sponsorship by J REYNOLDS SYSTEMS of any linked website and/or any of its contents. We are not responsible for any loss or damage caused to you by such websites.
9. Your Contributions to the Services
9.1 By submitting UGC for inclusion in the Services, you represent and warrant that: (a) you are the creator and owner of, or have the necessary rights and licenses to use and authorize J REYNOLDS SYSTEMS to use and exercise to the full extent of the licenses granted to J REYNOLDS SYSTEMS under these Terms of Service; and (b) your UGC and use of your UGC will not and will not: (i) infringe, violate or misappropriate any third-party rights; (ii) defame, libel, slander or violate the privacy, publicity or other property rights of any other person; (iii) require J REYNOLDS SYSTEMS to obtain permission from, or pay compensation or provide attribution to, yourself or any third party; (iv) result in a breach of contract between you and a third party; or (v) cause J REYNOLDS SYSTEMS to violate any law or regulation. You further acknowledge and agree that you are solely responsible for any Content you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights permissions, legal compliance and legal restrictions relating to any UGC you provide. To the extent permitted by applicable law, you hereby irrevocably and forever waive all moral rights (or equivalent rights) arising under the laws of any jurisdiction with respect to the UGC you provide. To the extent such rights cannot be waived, you hereby agree not to assert such rights against J REYNOLDS SYSTEMS.
9.2 Without prejudice to Section 3.2, if any UGC you provide is an original work created by you, all ownership and intellectual property rights in such UGC shall be retained by you. You hereby grant J REYNOLDS SYSTEMS and its successors an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable (without your prior consent or authorization) and transferable (without your prior consent or authorization) license to use, copy, reproduce, distribute, publish, republish, transmit, modify, adapt, create derivative works of, publicly display, communicate to the public and publicly perform such UGC Contributions on or in connection with the Services in any media formats and through any media channels, including without limitation for marketing, advertising, promotion and redistribution of portions of the Services (and derivative works thereof) and for any other commercial or business purpose as determined by J REYNOLDS SYSTEMS in its sole discretion. You understand that your Contributions may be transmitted over various networks and altered to conform and adapt to technical requirements.
9.3 Any materials, information, ideas or other UGC you post on or through the Services, or transmit to J REYNOLDS SYSTEMS in any manner (each, a “Submission”) will not be treated as confidential by J REYNOLDS SYSTEMS and may be disseminated, exploited or otherwise used by J REYNOLDS SYSTEMS or its affiliates without any compensation, attribution, obligation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By submitting Content to J REYNOLDS SYSTEMS, you acknowledge and agree that J REYNOLDS SYSTEMS and/or other third parties may independently develop software, applications, interfaces, products, modifications and enhancements thereof that are identical or similar in functionality, code or other features to the ideas set forth in your Submission. Therefore, you hereby grant J REYNOLDS SYSTEMS and its successors an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable (without your prior consent or authorization) and transferable (without your prior consent or authorization) license to develop the projects described above, and to use, copy, reproduce, distribute, publish, republish, transmit, modify, adapt, create derivative works of, publicly display, communicate to the public and publicly perform any Submissions on or in connection with the Services in any media formats and through any media channels, including without limitation for marketing, advertising, promotion and redistribution of portions of the Services (and derivative works thereof) and for any other commercial or business purpose as determined by J REYNOLDS SYSTEMS in its sole discretion. This provision does not apply to personal information that is subject to our Privacy Policy unless you make such personal information publicly available on or through the Services.
9.4 If such UGC or other content violates intellectual property principles or any guidelines or policies associated with the Services, or if J REYNOLDS SYSTEMS determines in its sole discretion that any UGC is harmful to the Services or the reputation of J REYNOLDS SYSTEMS. J REYNOLDS SYSTEMS has no obligation to suspend any UGC under this Section.
9.5 You agree not to use any UGC submitted to the Platform, whether on or off the Platform: (i) in an offensive, defamatory, sexually explicit or otherwise objectionable manner (in each case, as determined by J REYNOLDS SYSTEMS), (ii) in connection with false, defamatory, libellous or disparaging statements about J REYNOLDS SYSTEMS, or in a manner that is intended or reasonably likely to disparage J REYNOLDS SYSTEMS or bring J REYNOLDS SYSTEMS into disrepute, or (iii) in a manner that is intended or reasonably likely to suggest or imply that you or any user is associated with J REYNOLDS SYSTEMS or that J REYNOLDS SYSTEMS endorses the applicable UGC.
10. Contributions of third parties to the Services and external links
10.1 Each contributor of data, text, images, sounds, videos, software and other content to the Services is solely responsible for the accuracy, reliability, nature, rights licenses, legal compliance and legal restrictions of the content they provide. Therefore, J REYNOLDS SYSTEMS is not responsible for, and shall not regularly monitor or check the accuracy, reliability, nature, rights licenses, legal compliance and legal restrictions associated with any content contribution. You will not hold J REYNOLDS SYSTEMS responsible for the actions or inactions of any user, including, but not limited to, the content they post or otherwise make available through the Services.
10.2 In addition, the Services may contain links to third-party text and video sources (and podcasts) (collectively, “Third-Party Sources”), products, websites, services and offers, or links to download third-party software applications. In addition, third parties may provide Third-Party Sources and software applications on their own websites. These Third-Party Links, Third-Party Sources, products, websites, services and software applications are not owned or controlled by J REYNOLDS SYSTEMS. Instead, they are operated by and are the property of the respective third parties and may be protected by applicable copyright or other intellectual property laws and treaties. J REYNOLDS SYSTEMS has not reviewed and is not responsible for the content, functionality, security, services, privacy policies, or other practices of these third parties. We encourage you to read the terms and other policies posted by such third parties on their websites or other websites. By using the Services, you agree that J REYNOLDS SYSTEMS has no liability arising from your use of, or inability to use, any third-party sources, websites, or widgets. You further acknowledge and agree that J REYNOLDS SYSTEMS may disable or remove any third-party links, third-party feeds, or applications on the Services if J REYNOLDS SYSTEMS violates these Terms of Service.
11. Violation of our Terms of Service;
11.1 If you believe that a user of our Services has violated these Terms of Service, please contact us at [email protected].
11.2 If you are an Indian user and believe that another user of our Services has violated these Terms of Service or if you have any complaint regarding our Services, please contact our Grievance Officer at [email protected]. The Grievance Officer will respond to your concerns and queries at the earliest opportunity and in accordance with applicable laws.
12. Making a Claim of Copyright Infringement
12.1 If you believe that any Content (contained on the Services) has been copied, displayed or distributed in violation of a valid copyright, please notify our Copyright Agent. Notifications of claimed infringement must be in the form of a written communication as specified below and must include substantially all of the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) a description of the copyrighted work and identification of the material in such work that is claimed to be infringing;
(c) the exact name of the content that is claimed to be infringing and a description of where the infringing content is located on the Service;
(d) information reasonably sufficient to permit J REYNOLDS SYSTEMS to contact you, such as your physical address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that use of the identified material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
J REYNOLDS SYSTEMS's Copyright Agent can be reached by email at [email protected].
The Copyright Agent will respond only to any claims involving alleged copyright infringement.
12.2 J REYNOLDS SYSTEMS’s intellectual property policy is to: (i) remove or disable access to material that J REYNOLDS SYSTEMS knowingly infringes the intellectual property rights of a third party, or that has been identified in a valid notification submitted by the intellectual property owner or its agent in accordance with this section; and (ii) in appropriate circumstances, terminate the accounts of and block access to the Services of any users who repeatedly or egregiously infringe the copyrights or other intellectual property rights of others.
13. Making a Claim of Trademark Infringement
13.1 If you believe that any Content (contained on the Services) has been copied, displayed, or distributed in violation of a valid trademark, please notify our Trademark Agent. Notices of claimed infringement must be written communications as specified below and must include substantially all of the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark interest that is allegedly infringed;
(b) A description of such trademark right that you claim has been infringed;
(c) The exact name of the infringing work and a description of where the infringing work is located on the Services;
(d) Information reasonably sufficient to permit J REYNOLDS SYSTEMS to contact you, such as your physical address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that use of the identified material in the manner complained of is not authorized by the trademark owner, its agent, or the law; and
(f) A statement by you, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the trademark owner.
The J REYNOLDS SYSTEMS Trademark Agent can be contacted via email at legal@J REYNOLDS SYSTEMS.com.
The Trademark Agent will respond only to any claims involving alleged trademark infringement.
14. Your Representations and Warranties
14.1 You represent and warrant that:
(a) You have the legal capacity (and in the case of a minor using the Services, you are the parent or legal guardian and have given valid consent) and the right and ability to enter into these Terms of Service and abide by their terms;
(b) You will use the Services only for lawful purposes and in compliance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations; and
(c) You will use the Services only on machines or devices that the owner of the machine or device has authorized to use the machine or device.
15. Indemnification
15.1 You agree to indemnify, defend and hold harmless J REYNOLDS SYSTEMS and its shareholders, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners and employees (collectively, the “Indemnitees”) from and against any and all claims, actions, suits and proceedings and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) arising out of or related to: (a) the hosting, operation, management and/or administration of the Service by or on behalf of J REYNOLDS SYSTEMS; (b) your breach or violation of any term of these Terms of Service or any policy or guideline referenced herein, including any breach of any representation or warranty referenced in these Terms of Service; (c) your access, use or misuse of the Service; and (d) your actual or alleged breach or violation of any law or regulation or the rights of a third party (including, without limitation, infringement of a third party’s intellectual property rights by reason of the inclusion of your UGC in the Service)
16. Severability
16.1 If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable under the laws of any jurisdiction, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions in that jurisdiction or the validity and enforceability of such provisions under the laws of any other jurisdiction.
17. GENERAL PROVISIONS
17.1 J REYNOLDS SYSTEMS reserves all rights not expressly granted herein.
17.2 J REYNOLDS SYSTEMS may modify these Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued access or use of the Services after such changes are posted constitutes your acceptance of such revised Terms of Service.
17.3 You may not assign, sublicense or transfer any of your rights granted to you under this Agreement, nor may you subcontract any of your obligations.
17.4 Nothing in these Terms of Service shall create a partnership, joint venture, or principal-agent relationship between you and J REYNOLDS SYSTEMS, nor shall it authorize you to incur any charges or liabilities on behalf of J REYNOLDS SYSTEMS.
17.5 The failure of J REYNOLDS SYSTEMS at any time or for any period to require performance of any provision of this Agreement shall in no way affect its right to enforce such provision at a later time unless waived in writing.
17.6 These Terms of Service are for the benefit of you and us only, and not for the benefit of any other person or entity, except J REYNOLDS SYSTEMS’ affiliates and subsidiaries (and the respective successors and assigns of J REYNOLDS SYSTEMS and its affiliates and subsidiaries).
17.7 The terms set forth in these Terms of Service and any agreements and policies contained or referred to in these Terms of Service constitute the entire agreement and understanding between the parties with respect to the Services and supersede any prior agreement or understanding between the parties with respect to such subject matter. The parties also hereby exclude all terms implied by fact. In entering into the agreement constituted by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, promise, undertaking or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies it would have had in relation to any of the foregoing but for these Terms. These Terms of Service shall not be contradicted, interpreted or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
17.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption, including but not limited to the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act, and confirm that you have and shall have in place all policies and procedures necessary to ensure compliance with such requirements.
17.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service, please contact us at [email protected].
Last modified: February 19, 2025