TERMS OF USE

Last Updated: May 2014

WEBSITE TERMS OF USE

The following "Terms of Use" are the terms on which Philip Morris USA Inc. offers you access to this site. Throughout this site, the terms "Philip Morris USA," "we," "us" and "our" refer to Philip Morris USA Inc. Philip Morris USA offers this site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the site constitutes your agreement to all such terms, conditions, policies and notices in these Terms of Use.

REGISTRATION

You must register for, and complete the registration process to use, this site. We will open a registered user account for you when you complete your registration. You will select or we may assign to you a user ID and password that will be identified with your account. Your user ID, password and date of birth are your credentials to give you access to this site. You must provide complete and accurate information about yourself during the registration process. You must be a tobacco consumer who is at least 21 years of age who is legally competent to enter into contracts. You may not have a user ID that is indecent or distasteful or that we otherwise determine in our discretion is unacceptable. All personal information provided via this site will be handled in accordance with this site's online Privacy Statement, which may be viewed anywhere on the site by clicking on the "Privacy Statement" link on the footer of the page.

ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of registering for a user ID and password constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any notices or other communications regarding this site. We can send you electronically any notices or other communications to the email address that you provided to us during registration, or by posting any notices or other communications on this site. The delivery of any notices or other communications from us is effective when sent by us, regardless of whether you read such notice or other communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive such notices or other communications electronically by canceling or discontinuing your use of this site.

In order to receive notices or other communications electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any notices or other communications, if you so choose. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

ACCESS COSTS, EQUIPMENT AND SOFTWARE

You must provide at your own expense the equipment and Internet connections that you will need to access this site. This site may require the use of certain third-party software. You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access or use this site.

LINKS TO OTHER WEBSITES

This site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Philip Morris USA of the contents of such third-party websites. The inclusion of third-party website links in no way indicates endorsement, affiliation, or association between Philip Morris USA and the owners and/or operators of such third-party websites, unless specifically stated otherwise. Philip Morris USA is not responsible for the content of linked third-party websites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any linked site.

YOUR USER ID AND PASSWORD

You may only use your user ID and password to access this site from inside the United States. You agree not to share your user ID and password with anyone else. You understand that we may suspend or terminate your use of your user ID and password at any time for any or no reason. If access to your account is suspended or terminated, you acknowledge that you have no right to access this site. Notwithstanding such suspension or termination, the remainder of these Terms of Use shall remain in effect.

USE OF MATERIAL FROM THIS SITE

All contents of this site, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works and data found on this site (collectively, the "Materials"), are the property of and owned by Philip Morris USA or its licensors, and is protected by copyright, trademark and other laws of the United States and other countries. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.

In circumstances where certain areas of the site expressly provide that you are authorized to use Materials from the site outside of the site, your authorized use is limited solely to your own personal, noncommercial purposes. Your use of the Materials for personal, noncommercial purposes prohibits you from displaying, publishing, publicly performing, transmitting, broadcasting, distributing or otherwise making available to any third party such Materials, even without charge, or authorizing, encouraging, providing or allowing any of the Materials used or obtained by you to be used, reproduced, copied, modified, displayed, adapted, published, translated, publicly performed, reverse engineered, transferred, transmitted, broadcast, distributed, licensed, sold, given or otherwise used by any third party. In every case, Philip Morris USA reserves the right to further restrict or revoke your authorization to use the Materials and to bring whatever legal action it deems necessary to enforce these Terms of Use.

MATERIAL YOU SUBMIT

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and right to grant a license to use any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, fraudulent, obscene or threatening; infringing on third parties' intellectual property rights, including but not limited to trademark, copyright or patent rights, right of publicity, right of privacy, trade secret or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site.

BY SUBMITTING A PHOTO, COMMENT OR OTHER CONTENT (COLLECTIVELY, "CONTENT"), YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE POSTED ON MARLBORO.COM AND/OR OTHER WEBSITES OR SOCIAL MEDIA PLATFORMS OWNED OR CONTROLLED BY PHILIP MORRIS USA , OR ITS AFFILIATED COMPANIES, IN ITS SOLE DISCRETION. Philip Morris USA reserves the right to, and may or may not, monitor or screen Content prior to posting it. By submitting Content you acknowledge that Philip Morris USA has no obligation to use or post any Content you submit.

By submitting Content you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtained permission from any person who's name, or likeness is included in the Content (if any); and (d) that publication of the Content by Philip Morris USA will not infringe on any third party rights. By submitting Content you hereby agree to indemnify and hold harmless Philip Morris USA and its brands from any claims to the contrary.

By submitting Content you grant Philip Morris USA, its brands, and their agents an unlimited, worldwide, perpetual, license and right to publish, use, display, publicly perform, adapt and modify the Content, or any component thereof, with or without attribution, as well as to use your name, likeness, and other personally identifying indicia ("Name and Likeness"), in any way, including for advertising and promotional purposes, in any and all media, without limitation at to time or territory, and without additional consideration to you. You acknowledge that you have no right to review or approve how your Content or Name and Likeness is used.

By submitting a [photo/ video/essay/comment], you are granting Philip Morris USA certain rights to use the [photo/ video/essay/comment], as well as your name and likeness, as set forth in the Terms of Submission.

TRADEMARKS AND COPYRIGHTS

This site may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of Philip Morris USA and its affiliates or licensors. This site also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This site and all of its content are protected under copyright, trademark and other laws of the United States and other countries.

INTELLECTUAL PROPERTY RIGHTS OF OTHERS

We respect the intellectual property rights of others, and we request that our visitors do the same. This website includes user-submitted materials, and we cannot and do not monitor all of the material submitted to the site.

By using the site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the site and any content on the site, including, but not limited to, whether you should rely on such content.

Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the site, and to reject, delete, disable or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third parties or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable or remove any content at any time, for the reasons set forth above, for any other reason or for no reason.

If you believe your work has been used in a manner that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:

  • ALCS, Assistant General Counsel - IP
  • 2325 Bells Road
  • Richmond, VA 23234
  • Telephone: 804-274-2000
  • Facsimile: 804-335-2080
  • Email: ALCSDMCA@altria.com
  • Please include all of the following in your notification:
  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
  2. a description of the work you claim has been infringed;
  3. a description of where the material you claim is infringing is located on the site, including by providing a URL to the page containing the material;
  4. your address, telephone number, email address and all other information reasonably sufficient to permit Philip Morris USA to contact you;
  5. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
DISCLAIMERS

The material contained on this site may contain inaccuracies and typographical errors. You agree that we are not liable for content that is provided by others. We have no duty to prescreen content that is submitted by third parties (including you) to this site, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PHILIP MORRIS USA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHILIP MORRIS USA OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. PHILIP MORRIS USA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER PHILIP MORRIS USA NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Philip Morris USA, its affiliates and each of their respective officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising out of or resulting from any violation of these Terms of Use. If you cause a technical disruption of this site or the systems transmitting this site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

JURISDICTION

Philip Morris USA is incorporated in the Commonwealth of Virginia in the United States of America, and this site is operated in the United States. The laws of the Commonwealth of Virginia govern these Terms of Use and your use of this site, and you irrevocably consent to the jurisdiction of the courts located in the Commonwealth of Virginia for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the Commonwealth of Virginia and of the United States. If any material on this site, or your use of this site, is contrary to the laws of the place where you are when you access it, this site is not intended for you, and we ask you not to use this site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

CHANGES TO THESE TERMS OF USE

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on this site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

MISCELLANEOUS

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place. A waiver of any term or condition of these Terms of Use in one or more instances will not constitute a permanent waiver of the term or condition or any other term or condition of these Terms of Use or a general waiver. These Terms of Use constitute the entire agreement and understanding between you and Philip Morris USA with respect to use of the site, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.