WARNING: This product contains nicotine. Nicotine is an addictive chemical.

TERMS AND CONDITIONS

Terms and Conditions of your use of this Website

These Terms and Conditions (“Terms”) govern the relationship between FOGWARE TECHNOLOGY (SHENZHEN) CO., LTD. d/b/a  V01 and TITANIA eCigs (“TITANIA,”  "V01," “us,” “we” or “our”) and you regarding your access and use of all FOGWARE websites (collectively, the “Website”). These Terms are important and affect your legal rights, so please read them carefully.  Note that these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USE OF THIS WEBSITE.

About this Website

This Website is intended only for the use by adults who are the legal age to consume our vaping product. FOGWARE limits review of its product via its Website to individuals that are the legal vaping age. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to access our Website. FOGWARE does not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website. 

By accessing or using the Website, you represent and warrant that you are of legal vaping age and that you have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website.

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

 

Age Restriction. You must be of legal vaping age or older to access this Website.  We restrict our Website and marketing contact list to individuals who have certified that:
1.     they are vapers,
2.    they are at least twenty-one (21) years old (or are at least eighteen (18) years old, meet other requirements and are of legal vaping           age or older in their local jurisdiction),
3.    they want to be added to our contact list in order to receive content, offers, and advertising from FOGWARE, and
4.    they understand that providing false information may constitute a violation of law.
       We take the prevention of underage use very seriously. FOGWARE vapor products and all other nicotine products should never be         used by anyone under the legal age.  Before a certified adult consumer is added to our marketing contact list or shipped any                   purchased product, we independently verify that the consumer is the legal vaping age or older.  We reserve the right to restrict       

       sales to adults at least twenty-one (21) years old, even in jurisdictions that allow sales to younger adults.
Additionally, no tobacco-based or nicotine product should be considered safe. If you have any health concerns about the use of FOGWARE vapor products or any other tobacco product, we recommend that you consult with your physician.

 

CALIFORNIA PROPOSITION 65 
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.  
WARNING: This product can expose you to chemicals including formaldehyde, which is known to the State of California to cause cancer, and nicotine, which is known to the State of California to cause birth defects or other reproductive harm.

For more information, go to www.P65Warnings.ca.gov.
FDA WARNING: This product contains nicotine. Nicotine is an addictive chemical.

 

Geographic Restrictions.  You agree that you will not access this Website from any territory where the content or use of the Website is illegal.  You are solely responsible for complying with all applicable local laws.
You further acknowledge and agree that you must be of legal age to purchase or consume any of FOGWARE’s vapor products or to participate in any of our promotions or other offers on this Website or otherwise.

License

Unless otherwise indicated in writing by us, the Website and all content and other materials contained therein, including, without limitation, the FOGWARE logo, TITANIA logo and all designs, text, graphics, pictures, information, data, software, User Content, other files and the selection and arrangement thereof (collectively, “Content”) are the property of FOGWARE or our licensors or users, as applicable, and are protected by CHINA, E.U., U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Website and Content.  All rights not expressly granted herein are reserved.  You do not acquire any ownership interest in the Website or Content under these Terms, or any other rights thereto other than to use the Website in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Website or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Website or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Website or Content, except as expressly permitted by us, (f) use the Website to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Website or servers or networks used in connection with the Website; or (h) use the Website or Content other than for their intended purposes.
Any use of the Website or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of FOGWARE or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

Links

Although this Website may be linked to other Websites, FOGWARE does not endorse, approve, certify or sponsor the linked Website unless specifically stated therein. FOGWARE is not the owner of, does not control and is not responsible for any content of any Website linked to this Website. Your linking to other Websites is at your own risk.
 

Governing Law

This Website has been designed to comply with United States law. FOGWARE does not represent that the content of this Website is appropriate for locations outside the United States. If you access this Website from locations outside the United States, you are responsible for complying with all applicable local laws.


Privacy Statement

FOGWARE  is committed to processing and protecting the personal data collected through the Website when you use the Website in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data, including, if applicable to you, the European Union General Data Protection Regulation. FOGWARE ’s policy is to retain personal data necessary to provide our services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal data that you or others provided to us and personal data generated or inferred from your use of our services. When FOGWARE is the data controller, we will decide how your personal data is processed and for what purposes. For additional information about your rights and your personal data, what data is collected, how it is processed, protected, shared, and how long it is retained, please see the FOGWARE ’s Privacy Policy located at https://www.blu.com/en/US/faqs/our-policies/Privacy-Policy.html. 

Where FOGWARE has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid processes, FOGWARE may disclose IP addresses, personal information, and any contents of the Website where it is legally compelled to do so.

Trademarks and Copyright

The copyrights to all contents of this Website are proprietary to FOGWARE or its third party licensors, and you may not reproduce, post on any other Website, modify, distribute or transmit any portion of this Website without the express written consent of FOGWARE. Any name, logo, trademark or service mark contained on this Website is owned or licensed by FOGWARE and may not be used by you without the prior written consent of FOGWARE. You may access this Website for your individual non-commercial use only.

Material you Submit

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Website.  In addition, we have no control over and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Website.  IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly: 

•    Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; 
•    Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; 
•    Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Website. 

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense.

By uploading, posting or submitting User Content to the Website or to our pages or feeds on third party social media platforms (e.g., blu’s Facebook page, LinkedIn page or Twitter feed), you hereby grant blu a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, blu will only share personal information that you provide in accordance with our Privacy Policy at https://www.blu.com/en/US/faqs/our-policies/Privacy-Policy.html.

You acknowledge and agree that blu may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of blu, its customers or the public.  

Accuracy of Content

Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, FOGWARE makes no warranties as to its accuracy. We attempt to be as accurate as possible when posting Content. We do not warrant that product descriptions or other content is accurate, complete, reliable, current or error-free.

We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe. We use industry-standard technologies when transferring and receiving user data exchanged between FOGWARE and third parties to ensure its security. User data may be stored on servers maintained by our third-party partners and subject to their security safeguards which are periodically audited, with certifications from accreditation bodies across geographies and verticals.

Indemnification and Disclaimers

You shall indemnify, hold harmless, and, at FOGWARE’s option, defend FOGWARE from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by FOGWARE resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Website, any User Content that you Transmit to or through the Website, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Website or any of its features.  You further agree that FOGWARE shall have control of the defense or settlement of any third party claims, unless FOGWARE exercises its option to require you to defend FOGWARE.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FOGWARE.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. FOGWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANYKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE WEBSITE IS NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, 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 MATERIAL.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOGWARE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FOGWARE, OR FROM EVENTS BEYOND FOGWARE’s REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FOGWARE RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
 
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FOGWARE ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO FOGWARE FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE FOGWARE’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BLU AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND BLU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.  Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing.  Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and FOGWARE agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address.  FOGWARE further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association.  You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FOGWARE are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND BLU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FOGWARE agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Modification of these Terms

These Terms may be revised at any time for any reason, and FOGWARE may provide you notice of these changes by any reasonable means, including by providing notice through the Website.  You can determine when we last updated the Website by referring to the “Last Updated” legend at the top of these Terms.  Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Website, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference.  We strongly recommend that you periodically visit this page of the Website to review these Terms. If you do not agree to the revised Terms, you may not access or use the Website.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from these Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms constitute the entire agreement between you and FOGWARE relating to your access to and use of the Website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of FOGWARE. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and  FOGWARE’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
How to Contact us
If you have any questions or comments about the Terms and Conditions of this Website, please Contact Us or write to us at:
SOLUTIONS@FOGWARETECH.COM

 

Cookie Policy

Effective: Feb 15, 2019

A browser cookie is a small piece of data that is stored on your device to help websites and mobile apps remember things about you. Other technologies, including Web storage and identifiers associated with your device, may be used for similar purposes. In this policy, we say “cookies” to refer to all of these technologies.

Our Privacy Policy explains how we collect and use information from and about you when you use Snapchat and certain other Snap Inc. services. This policy explains more about how we use cookies and your related choices.

 

How We Use Cookies

Like most providers of online services, Snap Inc. uses cookies, including third-party cookies, for a number of reasons, like protecting your Snapchat data and account, helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, providing relevant advertising, and just generally providing you with a better, more intuitive, and satisfying experience. The cookies we use generally fall into one of the following categories.

Category of CookiesWhy we use these cookies

 

Necessary

We use these cookies to run our site, and to identify and prevent security risks.

For example, we may use these cookies to store your session information to prevent others from changing your password without your username and password.

Preferences

We use these cookies to remember your settings and preferences, and to improve your experience on our site.

For example, we may use these cookies to remember your language preferences.

Performance

We use these cookies to collect information about how you use our site, monitor site performance, and improve our site performance, our services, and your experience.

For example, we can use these cookies to learn more about which features are the most popular with our users and which ones might need some tweaks.

 

Marketing

We use these cookies to deliver advertisements, to make them more relevant and meaningful to consumers, and to track the efficiency of our advertising campaigns, both on our services and on other sites or mobile apps. ​

Your Choices

Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser.

Browser Cookies

Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser.

 

Mobile Device Identifiers

Your mobile operating system may let you opt-out from having certain device identifiers used for interest-based advertising. You should refer to the instructions provided by your mobile device’s manufacturer; this information is typically available under the “settings” function of your mobile device.

And of course, if your mobile device offers an uninstall process, you can always stop us from collecting information through the app by uninstalling the Snapchat app.

 

Change Your Settings

You can also block certain cookies by adjusting your settings on your browser.