TERMS OF SERVICE
2. DESCRIPTION OF SERVICE
2.1 We provide users with access and use of materials or Contents for your own social and non-commercial purposes at www.techstorm.tv (the "Service") through our website(s) which may be accessed through any various medium or device now known or hereafter developed , including but not limited to the World Wide Web.
2.3 You understand and agree that the Service is provided on an "AS-IS" basis and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
2.4 You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2.5 Any delay or non-availability of the Service caused by conditions such as:
(i) acts or intervention of government or government agencies,
(ii) fire, flood or explosion,
(iii) Act of God,
(iv) declared or undeclared war, or riots or civil commotion,
(v) strikes or other industrial disputes,
(vi) any cause outside our reasonable control
shall not constitute a breach of any of our obligations to you.
2.6 Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.
2.7 The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law.
3. YOUR REGISTRATION OBLIGATIONS
3.2 You also agree to:
(a) provide true, accurate, current and complete information about yourself,
(b) maintain and promptly update your personal information to keep it true, accurate, current and complete and
(c) keep any password, User IDs or any other data issued by us for the purposes of personal identification and use of your account confidential at all times and not to allow others to use these.
3.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Further, you agree that in such cases, we shall not be liable to you or any third party for any termination of your account or access to the Service including but not limited to any loss of your prior user name, persona, benefits and privileges as a result and you hereby agree that we are not required to compensate you for this.
4.2 You understand that all information, data, text, software, music, sound, images whether in two or three dimensions, photographs, graphics, video, messages, tags, links or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. We bear no responsibility for the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
4.3 You understand that by using the Service, you may be exposed to Content that may be construed or regarded as offensive, indecent, fraudulent, objectionable, inaccurate, defamatory or erroneous. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent, fraudulent, defamatory or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto and regarding all matters related to your use of the Service.
4.4 You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
(b) harm minors in any way;
(c) impersonate any person or entity whether by creating a separate account under one's own name, another name or pseudonym or otherwise and including, but not limited to, our servant, agent, employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or otherwise gain access to the Service in a manner not authorized by us or otherwise through our normal user interface as provided including but not limited to circumventing or modifying, attempting to circumvent or modify any security, technology, device or software that is part of the Service;
(d) disguise the origin of any Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including the representation of any national flags, emblems, armorial bearings, official signs or hallmarks in a manner which may contrary to the applicable law;
(g) upload, post, email, transmit or otherwise make available any advertisement including unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to access and use the Service whether by way of distribution of a virus, adware, spyware, worms or other malicious codes or otherwise;
(j) interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange ;
(l) "stalk" or otherwise harass another;
(m) commit any fraudulent or unlawful act or use the Service for any commercial purposes.
(n) collect or store personal data about other users or attempt to solicit or collect such data including but not limited to personally identifiable information (whether in text, image or video form), identification documents or financial information through the Service;
4.6 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in all parts of the Service.
4.7 You acknowledge, consent and agree that we may in our sole discretion access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect our rights, property or personal safety as well as those of our users and the public.
4.8 You understand that the technical processing and transmission of the Service, including your Content, may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.9 Any unauthorized reproduction, publication, further distribution or public exhibition of the Content or the materials provided on the Service, in whole or in part, is strictly prohibited.
5. ADDITIONAL TERMS
5.1 Where applicable, you agree to pay all fees, charges and tax incurred by you as a user of our Service and you agree that we may revise or amend the pricing for the use of the Service from time to time. For avoidance of doubt, it is hereby acknowledged that we are NOT required to provide a refund for any reason to you.
5.2 All photographs, images whether in two or three dimensions, graphical and/or pictorial depictions offered in the Service are informative in nature and such depictions or photographs shall not form part of the contract.
5.3 We do not represent or endorse the accuracy or reliability nor are we responsible or liable for the accuracy, copyright compliance, legality or decency of any of the material, information or data (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from the Service, nor the quality of the Content displayed, purchased, or obtained by you as a result of a posting or any other information or offer in or in connection with the Service. You hereby acknowledge that any reliance upon any Content shall be at your sole risk. We reserve the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in any portion of the Service or the Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
5.4 We are also not responsible for the collection and remittance of any taxes. Users are responsible for all tax related issues that may arise. You are to provide us with all necessary information relating to withholding and other related tax issues relevant to your country of domicile and treaties at our request.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
6.1 We do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to all Content including but not limited to such information, data, text, software, music, sound, images whether in two or three dimensions, photographs, graphics, video, messages, tags, links or other materials you submit or make available for inclusion on the Service, you grant us a worldwide, perpetual, sub-licensable, irrevocable, royalty-free and non-exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, broadcast, translate, publicly perform and publicly display such Content (in whole or in part) and to make available such Content.
6.2 You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and you further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any Content owned by and posted by others.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
9.1 You acknowledge that we may, in our sole discretion, establish general practices and limits concerning use of the Service, including without limitation the manner in and duration under which the Service is used or provided.
9.2 In particular, but without limiting the foregoing, by using the Service, you hereby consent to our adoption of the practices as set forth herein in relation to your use of the Service. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Service.
9.3 You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.
10. MODIFICATIONS TO SERVICE
10.1 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice whether for maintenance or any other purposes.
10.2 You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service whether for any refund, benefit or compensation for any loss of your prior user name, persona, benefits and privileges as a result
11.1 You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include:
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities,
(h) nonpayment of any fees owed by you in connection with the Service and/or
(i) our belief that you are creating a risk and possible legal liabilities such as the infringement of the intellectual property rights of third parties or in any way acting inconsistently with the spirit of these Terms.
11.2 Termination of your account includes:
(a) removal of access to all Content within the Service,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of the Service.
11.3 Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the Service including but not limited to any loss of your prior user name, persona, benefits and privileges as a result and you hereby agree that we are not required to compensate you for this.
The Service may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any other content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
We grant you a personal, non-transferable and non-exclusive right and license to use the Service on a single computer or similar device for a non-commercial purpose or purely for your own entertainment; provided that you do not (and do not allow any third party to) copy, reproduce, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (OTHER THAN ANY WARRANTY THE EXCLUSION OF WHICH IS NOT LAWFUL). IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS
(b) WE AND OUR PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS MAKE NO WARRANTY THAT:
(i) THE SERVICE AND CONTENT WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE SERVICE AND CONTENT WILL BE ACCESSIBLE AT ANY TIME OR AT ALL TIMES VIA THE CHANNEL SELECTED OR USED BY YOU,
(iv) THE CONTENT CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
(c) ANY RELIANCE UPON OR USE OF ANY OF THE MATERIALS SHALL BE AT YOUR OWN DISCRETION AND RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY ERRORS OR OMISSIONS IN, ANY PART OF THE SERVICE OR CONTENT. THE CONTENT IS PROVIDED OR MADE AVAILABLE BY US ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS OR THE PRODUCTS.
(d) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE SERVICE AND THE CONTENT;
(ii)THE USE OF THE SERVICE AND THE CONTENT;
(iii) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT AND/OR SERVICE RESULTING FROM ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(vi) ANY CONTENT OR SERVICE DISPOSED OF OR IMAGES SENT OR RECEIVED USING THE SERVICE; OR
16. EXCLUSIONS AND LIMITATIONS
YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY SET FORTH IN SECTIONS 14 AND 15 ABOVE REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND US, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. FURTHER DISCLAIMER
We shall not be responsible or liable for the accuracy, usefulness or availability of any such information transmitted or made available via the Service, and shall not be responsible or liable for any purchase decisions based on such information.
18. THIRD-PARTY BENEFICIARIES
20. TRADE MARK INFORMATION
Any logo, trade marks and service marks and other logos and product and service names and any works including but not limited to any images whether in two or three dimensions, photographs, title, computer code, themes, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, are owned by us or our licensors, suppliers, vendors, parent or holding company, as the case may be (the “IP Rights"). Without the prior written permission of our licensor, supplier, vendor, parent or holding company or us, as the case may be, you agree not to display or use in any manner the IP Rights.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
21.2 Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: firstname.lastname@example.org
21.3 If you believe any of your materials that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to the Copyright Agent:
21.4 If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complainant informing that we will replace the removed content or cease disabling it in 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice.
22. GENERAL INFORMATION
22.3 Subject always that you agree that the rights and obligations under these Terms of Service are of such a nature that irreparable harm may be caused to us which cannot be compensated by monetary damages alone so that we shall be entitled to seek injunctive and other equitable relief against you in the event of any breach or anticipatory breach by you.
22.5 No Right of Survivorship and Non-Transferability. You agree that your account with us is non-transferable and any rights to your ID or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated.
24.2 By using the Service and by providing or making available your Content, personal information and such other information about yourself to us, you agree and acknowledge that we may use or release such information to third parties and that you give consent to such use or disclosure for the purposes of providing the Service to you as well as the following purposes:
24.3 You further agree that by providing us with your personal information and/or using the Service, you expressly request to receive and consent to receiving communications and materials from us and such third parties from time to time. These third parties may also collect your personal information while you are using the Service for the purposes as set out above. You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to other countries for storage, processing and use by us. IF YOU DO NOT AGREE TO THIS, DO NOT PROCEED TO USE THE SERVICE AND YOU MAY, AT ANY TIME CHOOSE TO WITHDRAW YOUR CONSENT TO THE ABOVE BY TERMINATING YOUR ACCOUNT OR ACCESS TO THE SERVICE.
24.4 Personal information subject to the consent of such relevant third parties as mentioned below includes but is not limited to your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses or if you are using a mobile device, hardware type, media access control (“MAC”) address, the version of your operating system (“OS”), your device name, your email address (if you have disclosed these to us or allow such third parties to disclose this to us), and your location (based on your Internet Protocol (“IP”) address), the unique user ID created by us to track your use of our Service and all information we collect when you connect your user account to a social networking service including your name, your social networking service user identification number and/or user name, locale, city, state and country, sex, birth date, email address, profile picture or its URL, and the social networking service user identification numbers for your friends that are also connected to Service, your address and other similar information used to communicate with us and recorded data of all of your interactions via server log files.
24.5 We will not disclose your personal information to third parties except as approved herein by you or as may be required by law or to enforce our rights under these Terms or to our agents or subcontractors for the purposes of rendering the Service to you. We reserve the right to change this Policy at any time. If we decide to change this Policy, we will provide notice to you of such changes from time to time. The changes will be effective when posted.
24.6 We undertake all reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.
24.7 Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers" from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties.