Last updated March 21, 2019
BY ACCESSING OR USING ANY PART OF THE SITE OR
SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED
TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF
CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. YOU ALSO AGREE THAT YOU HAVE
HOW WE COLLECT, USE AND DISCLOSE YOUR DATA AND WHICH IS INCORPORATED INTO THESE
TERMS, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT
AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
By viewing or using our Site, you acknowledge
and agree to these Terms and those posted by us from time to time. Storm
reserves the right to amend, change or modify these Terms at any time. No
modification of these Terms by any party other than Storm shall be valid or
enforceable against Storm unless expressly agreed to by Storm in a writing
signed by an authorized Storm representative. When we post changes to these
Terms, we will revise the “Last Updated” date at the top of the Terms. Your
continued use of the Sites after any changes or revisions to these Terms become
effective shall indicate your agreement with the terms of such revised and
then-current Terms. You may be accessing our Site from a computer or mobile
phone device and these Terms govern your use of the Site regardless of how you
If you have any questions about these Terms,
please contact us by email at firstname.lastname@example.org.
- Eligibility. To use the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older, or the relevant age of majority in your jurisdiction, or, if you have parental consent, 13 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
- License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. Storm reserves the right to monitor the Services for the purpose of determining that your usage complies with these Terms.
- Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Services or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, Site, or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or Site; (g) collect information about users of the Services, the Site, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or Site.
- ACCOUNT REGISTRATION; ACCOUNT USE
- Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).
- Security of Your Account. You agree to notify Storm immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Storm or a third party due to someone else using your account.
- No Obligation to Retain a Record of Your Account. Storm has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
- INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES
- Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Storm and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
- Third-Party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Storm is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
- CONTRIBUTIONS TO STORM
Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content.” Unless agreed otherwise in advance in writing, the following Terms apply to User Content:
- License to Storm. By sharing, submitting or uploading any User Content, you grant Storm a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
- Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in Section 4.1.
- Right to Name and Likeness. You also grant us the right to use and display the name and any other biographical information that you submit with any User Content in connection with such User Content.
- Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Storm the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Storm’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
- No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.
- Infringement Notification. Storm respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access of, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
- How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax, electronic mail or regular mail to Storm’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
Storm Management Copyright Agent
8797 Beverly Blvd, Unit 304, West Hollywood, CA 90048, United States
with the information that sets forth the items
- Identify the
copyrighted work claimed to have been infringed. If multiple copyrighted
works are covered by a single notification, provide a representative list
of such works.
- Identify the
material that is claimed to be infringing or to be the subject of
infringing activity. Include information reasonably sufficient to permit Storm
to locate the material. Please provide a URL and screenshots for each
item. Include the specific asset(s) or page(s) that you claim to be infringing.
Say “entire work” ONLY if all assets/pages in a collection/document are
- Include details
of your claim to the material, or your relationship to the material’s
- Provide your full
name, address, and telephone number should we need to clarify your claim.
- Provide a working
email address where we can contact you to confirm your claim.
- If true, include
the following statement: “I have a good faith belief that use of the
copyrighted materials described above as the allegedly infringing web
pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include
the following statement: “I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the copyright owner to make
the document, physically or electronically.
DISCLAIMER; LIMITATION OF LIABILITY
WARRANTIES. THE SITE, AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO
THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND. STORM DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL
WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM
UNDER APPLICABLE LAW.
OF SITE IS AT YOUR OWN RISK. STORM DOES NOT REPRESENT OR WARRANT THAT THE SITE,
SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE
OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR
COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. STORM MAKES NO
REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE SITE OR SERVICES WILL
MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. STORM WILL NOT BE
RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO
THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. STORM MAKES ALL DISCLAIMERS
IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
RESPONSIBILITY FOR THIRD-PARTY MATERIALS. STORM DOES NOT WARRANT, ENDORSE,
GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO
THROUGH THE SITE, AND STORM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. STORM WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL
CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS
OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WILL STORM, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “STORM ” FOR PURPOSES OF
THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE
THE SITE OR SERVICES, EVEN IF STORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. STORM WILL NOT BE LIABLE FOR LOSS
OF REVENUE, OR LOSS OF GOOD WILL.
LIABILITY IS LIMITED. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED $99.99. THIS PROVISION
IS NOT INTENDED TO EXCLUDE LIABILITY THAT STORM MAY NOT EXCLUDE UNDER
You agree to defend, indemnify and hold harmless Storm, its affiliates and
their respective directors, officers, employees and agents (the “Indemnified
Parties”) from and against any and all claims, damages, losses, liabilities and
expenses (including attorneys’ fees) incurred in connection with any
third-party claim brought or asserted against any of the Indemnified Parties:
(a) alleging facts or circumstances that would, if true, constitute a violation
of any provision of these Terms by you or (b) arising from or related to our
use of your User Content in the context of the Services. You may not settle any
such claim without our express written consent. This defense and
indemnification obligation is intended to extend to the fullest extent
permitted by applicable law and will survive these Terms and your use of the
- Term. We may terminate, change, suspend,
restrict or discontinue any aspect of the Site at any time if we believe you
are in breach of these Terms or applicable law, or for any other reason in our
discretion, without notice or liability. These Terms will terminate commensurate
with the discontinuance or terminations of your Site use privileges. However,
the Terms will nevertheless continue to apply and be binding upon you and any
persons you represent, jointly and severally, regarding your prior access to
and use of the Site and Content, and anything connected with, relating to or
and Termination of Site and Services. We may modify or terminate the Site or the Services, your
access to the Services, in part or as a whole, at any time, for any or no
reason, and without notice or liability to you.
or Termination. We may
deny you access to all or part of the Site at any time for any reason
(including if you violate these Terms, as determined in our sole and absolute
discretion) or no reason at all. If we terminate for no reason your right to
access the Site, we will fulfill our obligations to you related to any orders
outstanding at the time of termination.
of Termination. If you
terminate your account, you will remain liable under these Terms for any use of
the Site made prior to termination. If we terminate your right to access the
Site, these Terms will terminate and all rights you have to access the Site
will immediately terminate. The following provisions will survive termination:
1.3, 1.4, 2 through 7, 8.4, 9, and 10.
You and Storm agree that any dispute that has arisen or may arise between us
relating in any way to your use of or access to the Services or Site, any
breach, enforcement, or termination of these Terms, or otherwise relating to Storm
in any way (collectively, “Covered Matters”) will be resolved in accordance
with the provisions set forth in this Section 9.
Law and Jurisdiction. All matters relating to the Site and these
Terms and any dispute or claim arising therefrom or related thereto (in each
case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of California without giving effect to any choice or
conflict of law provision or rule (whether of the State of California or any
- Arbitration. By using the Site, you agree that any
dispute, claim or controversy arising out of or relating to these Terms or the
breach, termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California before a single
neutral arbitrator. The arbitration shall be administered by Judicial
Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive
Arbitration Rules and Procedures. Judgment on any award may be entered in any
court having competent jurisdiction thereof. Without limiting the generality of
the foregoing, in the event that any party seeks injunctive or equitable relief
with respect to any actual or threatened breach of these Terms, such party may
seek relief in a court of competent jurisdiction. In the event of a dispute between or among
the parties hereto that is not subject to arbitration, the parties submit to
the sole and exclusive jurisdiction and venue of the state and federal courts of
the State of California, County of Los Angeles, Central District. Notwithstanding anything else in these Terms
or the JAMS rules, any parties subject to this arbitration provision shall be
barred from bringing or participating in any Class Action (as defined below)
related to a dispute covered by this arbitration provision. However, if these
Class Action restrictions are ever deemed illegal or unenforceable, they shall
be severed from this arbitration provision. In that event, any Class Action
shall by exempted from this arbitration provision and brought in court of
competent jurisdiction, in connection therewith each of the parties consent to
the sole and exclusive jurisdiction of the state and federal courts of the
State of California, County of Los Angeles, Central District. For purposes of
these Terms, the term “Class Action” shall mean claims brought on behalf of or
allegedly representing or including other persons or entities, including but
not limited to any class, consolidated, representative, collective or private
attorney general action.
- WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY
IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A
REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE
CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY
LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE
FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL
BE FOREVER BARRED.
- GENERAL TERMS
Majeure. Under no
circumstances shall Storm or its licensor or supplier be held liable for any
delay or failure in performance resulting directly or indirectly from an event
beyond its reasonable control.
No waiver of any term of these Terms will be binding unless in writing, no
waiver of any term of these Terms will be deemed a further or continuing waiver
of such term or any other term, and the failure of Storm to exercise or enforce
any right or remedy in these Terms does not waive that right or remedy. The
provisions of these Terms are intended to extend only to the fullest extent
permitted by applicable law. If for any reason an arbitrator or a court of
competent jurisdiction finds any provision of these Terms to be invalid, the
parties agree that the court should endeavor to give effect, to the maximum
extent permitted by law, to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms will remain in full force
- Miscellaneous. These Terms (and all policies, terms and
conditions referenced herein) constitute the entire agreement between you and Storm
and govern your use of the Site and Services provided by Storm, and supersede
any prior agreements between you and Storm on the subject matters. You also may
be subject to additional terms that may apply when you use certain Storm
services or third-party content, links or websites. These Terms, and any rights
or licenses granted hereunder, may not be assigned or delegated by you. These
Terms, and any rights or licenses granted hereunder, may be assigned or
delegated by Storm without restriction. These Terms bind and inure to the
benefit of each party and the party’s successors and permitted assigns. These
Terms may not be modified by an oral statement by a representative of Storm. A
party’s failure or delay in exercising any right, power or privilege under
these Terms will not waive its rights to exercise such right, power, or
privilege in the future, nor will any single or partial exercise of any right,
power or privilege preclude any other or further exercise of such right, power,
or privilege, or the exercise of any other right, power, or privilege under
these Terms. No agency, partnership, joint venture or employee-employer relationship
is intended or created by these Terms. You agree to comply with all applicable
laws in your use of the Site and Services. You agree that any agreements made
by and between you and us in electronic form are as legally binding as if made
in physical written form. These Terms will not be construed against the
drafter. “Include(s)” or “including” means, respectively, “include(s), without
limitation,” or “including, without limitation,”, unless expressly stated
otherwise. If you are using the Site or Services for or on behalf of the U.S.
or any other government, your license rights do not exceed those granted to
Outside the United States of America. The Site is controlled and offered by Storm from the United
States of America. Storm makes no representations that the Site is appropriate
for use in other locations. Those who access or use the Site from other
locations do so at their own risk and are responsible for compliance with local
law. You consent to the processing in the United States of America of
information you provide to us.
and Electronic Communications.
You hereby consent to receiving and transacting with us by electronic means. We
may deliver notice to you by e-mail, posting a notice on the Site or any other
method we choose and such notice will be effective on dispatch. If you give
notice to us, it will be effective when received and you must use the following
physical or email address: email@example.com.