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All text, graphics, user interfaces, visual interfaces, photographs, ideas, videos, blogs, logos, contests, sounds, music, artwork, and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site and owned, controlled or licensed by or to STV, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on STV products purposely and expressly made available by STV for downloading from the Site, provided that you; (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of This Site
You may not use any “deep-link, “page-scrape”, “robot”, “spider”, or automatic device, program or algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or any information through any means not purposely made available through the Site. STV reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks, connected to the Site or STV server, or to any other services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of STV, including any STV account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for the Site.
You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
Purchases: Other Terms & Conditions
STV obligations, if any, with regard to its products or services are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be constructed to alter such agreements.
STV may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time without notice. The materials on the Site with respect to products and services may be out of date and STV makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords, and Security
Certain features or services on or through the Site may require you to open an account (including setting up a STV ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify STV immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by STV or any other user or visitor to the Site due to someone else using your STV ID, password or account as a result of you failing to keep your account information secure and confidential.
Links To Other Sites and to the STV Site
The Site may contain links to other independent third-party web sites (“Linked Sites”). These linked sites are provided solely as a convenience to our visitors. Such Linked Sites are not under STV control, and STV is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
STV DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERUPTED, OR THAT ANY DEFECTS WILL BE OR CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. THIS SITE AND ITS CONTENTS ARE DELIVERED ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. STV CANNOT ENSURE THAT ANY FILES OR DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PACIFICSMOKE DISCLAIMS ALL WARRANTEES EXPESS OR IMPLIED, INCLUDING ANY WARRANTEES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. PACIFIC SMOKE INTERNATIONAL INC AND STV DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY STV SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PACICISMOKE.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
STV reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portions of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will STV be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if STV has been advised of such damages.
You agree to indemnify and hold STV , its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against STV by any third party due to or arising out of or in connection with your use of the Site.
STV may disclose any information we have about you (including identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) STV rights or property, or the rights of property of visitors to or users of the Site, including STV customers. STV reserves the right at all times to disclose any information that STV deems necessary to comply with any applicable law, regulation, legal process or governmental request. STV may also disclose your information when STV determines that applicable law requires or permits disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that STV may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) request by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
STV administers and operates the STV Site from its location in Ontario, Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. STV reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canada’s export laws and regulations.
STV provides access to STV international data and, therefore, may contain references or cross references to STV products, programs or services that are not announced in your country. Such references does not imply that STV in your country intends to announce such products, programs, or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. STV shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.