WEBSITE TERMS & CONDITIONS OF USE
Last Changes to Website Terms and Conditions of Use: July 2017
These are the terms and conditions by which use of the Ghost network of websites operated by Ghost Vapes, Inc., including the website located at www.ghostvapes.com (including any versions optimized for viewing on a mobile or tablet device); all e-mail newsletters published or distributed by; all apps published by Ghost Vapes, Inc. and its related companies; and all other interactive features and communications provided by Ghost, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Ghost Vapes, Inc. (collectively “Ghost” or “we”, “us”, or “our”) (“website”). USE OF THIS WEBSITE BY AN INDIVIDUAL OR ENTITY IN ORDER TO RECEIVE INFORMATION ON, OR ORDER, ANY GHOST PRODUCT CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS THEN YOU MAY NOT USE THE WEBSITE OR ANY FUNCTIONALITY ASSOCIATED WITH IT.
If you have any questions about these conditions or believe you may have found an error, please contact us using the details provided below.
AUTHORIZED USE ONLY
THE GHOST VAPORIZER PRODUCT IS NOT DESIGNED, OR SOLD FOR USE WITH TOBACCO, OR ANY TOBACCO PRODUCT, OR AS A TOBACCO SUBSTITUTE AND DOES NOT ALLOW FOR THE USE OF E-LIQUIDS, NICOTINE REPLACEMENT PRODUCTS OR AROMATHERAPY OILS. ANY ATTEMPT TO USE THE GHOST VAPORIZER PRODUCT WITH E-LIQUIDS COULD RESULT IN DAMAGE TO THE DEVICE ITSELF AND IS ACCORDINGLY NOT COVERED BY ANY WARRANTIES - EXPRESSED OR IMPLIED. THE GHOST VAPORIZER PRODUCT IS SOLD STRICTLY FOR USE WITH LEGAL SUBSTANCES ONLY, NOT INCLUDING TOBACCO OR TOBACCO PRODUCTS.
This website is operated by Ghost Vapes, Inc.. You may contact us here.
Users must be 21 or over in order to register and to order any Ghost products on the website. Users warrant that the personal information provided during the registration process is true and accurate in all respects and undertake in the event that any of the personal information changes to notify Ghost at the earliest opportunity using one of the means of communication given above. Ghost has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
Orders may be placed for Ghost products on the website by selecting a product or products desired and following the simple instructions to proceed to checkout. You may also place an order by telephone by placing a call to the number listed on this website. All such orders are subject to the same terms and conditions described in these Terms and Conditions.
Any order placed is only deemed accepted on receipt of an email confirming this by the user at their registered email address. The email will confirm your information and provide relevant details about your order. If for any reason we are unable to fulfill your order, for example due to non-availability of stock, the email will explain this and, if applicable, detail the appropriate credit or refund process. If your order is a pre-order for our product, the email will also detail the expected date of dispatch and any rights to cancel your order.
PRODUCTS, CONTENT AND SPECIFICATIONS.
Details of the products available for purchase are set out on the website. All prices are displayed exclusive of all taxes. All features, content, specifications, products and prices of products described or depicted on this website are subject to change at any time without notice. If listed, weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the website at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
ACCURACY OF INFORMATION
We attempt to ensure that information on the website is complete, accurate and current. Despite our efforts, the information on the website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the website. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All payment is taken in United States Dollars. Payment is taken at time of order. We accept all major credit and debit cards as listed on the website. You may choose to reduce the cost of your order by using any credits allocated to your user account or you may choose to leave these on your account for future use. For all charges or deposits for any products ordered by you on or through the website, Ghost or its vendors or agents will bill your bank card or alternative payment method offered by Ghost and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products. In the event legal action is necessary to collect on balances due, you agree to reimburse Ghost and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the website.
All our products are dispatched on a standard courier service unless an alternative service is requested and paid for at the time of ordering. When an order is placed, it will be shipping to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the website. All purchases from the website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ORDER AND DELIVERY RESTRICTIONS
You may only purchase products which appear on this website. You may only purchase products for personal use by either yourself or your intended recipient of the products. Ghost may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by Ghost. Ghost makes no promise that products available on the website are appropriate or available for use in locations outside the United States or in all locations in the United States, and accessing the website from territories where it’s contents are illegal or unlawful is prohibited. If You choose to access this website from locations outside the United States or place an order for delivery of a product to an address in a prohibited location in the United States or outside the United States or other countries listed on the corresponding order page, You do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchase, shipment, possession, use and sale of any item purchased from this website.
All purchases from the website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the website pass to you upon delivery of the items to the carrier. Ghost will deliver your product for shipment to the carrier designated on the order page. Upon request, Ghost will deliver your product to an alternative carrier that you arrange. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
RETURN AND EXCHANGE POLICY
You may return or exchange a product purchased from this website only in accordance with our Warranty and Returns Policy.
You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our website in the event that (a) you breach these Website Terms and Conditions of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
REPRESENTATIONS AND WARRANTIES
You represent that You are over the age of 21, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the website is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of this agreement.
Ghost grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the website or its content. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the website and/or any portion of the website may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Ghost’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Ghost, its licensors, vendors, agents and/or its Content providers. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The website may only be used for the intended purpose for which such website is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website. The website, its Content and all related rights shall remain the exclusive property of Ghost or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
All trademarks, service marks and trade names of Ghost used herein (including but not limited to: Ghost name, Ghost corporate logo, the website name, the website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Ghost or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Ghost trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Ghost's prior written consent. You shall not use Ghost’s name or any language, pictures or symbols which could, in Ghost’s judgment, imply Ghost’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
THIRD PARTY LINKS
From time to time, the website may contain links to websites that are not owned, operated or controlled by Ghost or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
Your use of the website is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GHOST, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER GHOST, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GHOST OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
GHOST DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL GHOST, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN NO EVENT SHALL GHOST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE PRODUCTS PURCHASED OR SUBSCRIBED BY YOU ON THE WEBSITE.
You agree to defend, indemnify and hold Ghost and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the website or your placement or transmission of any User Submission or other content, message or information on this website by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any materials that you provide to Ghost, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the website with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the website, you release Ghost (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Neither Ghost nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Any claim relating to, and the use of, this website and the materials contained herein is governed by the laws of the State of California You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Website Terms and Conditions of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our website, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of these Website Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Website Terms and Conditions of Use and all incorporated agreements may be automatically assigned by Ghost in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.
If you do not understand any of the foregoing Website Terms and Conditions of Use or if you have any questions or comments, we invite you to contact our Customer Service Department here.
All design, graphics, text selections, arrangements, and all software are Copyright © 2017, Ghost Vapes, Inc. and its related companies or its licensors. ALL RIGHTS RESERVED.