HAIL STORM PRODUCTS LLC
1. General. The Services include all means by which HAIL STORM PRODUCTS provides content to you or receives content from you, including, without limitation, HAIL STORM PRODUCTS’ websites, delivery of HAIL STORM PRODUCTS content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to HAIL STORM PRODUCTS and message boards. The Services are owned and operated by HAIL STORM PRODUCTS. HAIL STORM PRODUCTS has the right at any time to change or discontinue any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services.
2. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.
3. Restrictions. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without HAIL STORM PRODUCTS’ express prior approval, you shall not post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Services. Any conduct by you that in HAIL STORM PRODUCTS’ discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted. The Services contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, images, video, graphics, music and sound, and the contents of the Services are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of HAIL STORM PRODUCTS and the copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred. You may not e-mail, upload, post or otherwise make available on the Services any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to HAIL STORM PRODUCTS’ policies regarding privacy, any e-mails, notes, message/billboard/forum postings, images, videos, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of HAIL STORM PRODUCTS throughout the universe. By submitting material to HAIL STORM PRODUCTS, you automatically grant, or warrant that the owner of such material has expressly granted HAIL STORM PRODUCTS the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, perform, edit, transmit, reformat, sublicense and distribute such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by HAIL STORM PRODUCTS and other authorized parties; you agree to allow use of your name and city on the Services and in publicity or advertising without compensation; and you understand and agree that HAIL STORM PRODUCTS shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials. You grant HAIL STORM PRODUCTS the right to edit, copy, display, publish and distribute any materials made available on the Services by you. The foregoing provisions shall inure to the benefit of HAIL STORM PRODUCTS, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. No Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER HAIL STORM PRODUCTS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT HAIL STORM PRODUCTS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL HAIL STORM PRODUCTS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
5. Monitoring. HAIL STORM PRODUCTS shall have the right, in its sole discretion, to refuse to post or remove any material submitted to or posted on the Services. HAIL STORM PRODUCTS does not have an obligation to review posted material on the Services, and HAIL STORM PRODUCTS cannot assure that the material will either be appropriate or appropriately expressed. HAIL STORM PRODUCTS cannot publish all material submitted to the Services. The choice of which material is selected for the Services is at the sole discretion of HAIL STORM PRODUCTS and cannot be disputed. Without limiting the foregoing, HAIL STORM PRODUCTS shall have the right to remove any material that HAIL STORM PRODUCTS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6. Indemnification. You agree to defend, indemnify and hold harmless HAIL STORM PRODUCTS and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) this agreement.
7. Viruses. HAIL STORM PRODUCTS also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
8. Third Party Material and Links. The Services may incorporate links to other web sites. HAIL STORM PRODUCTS does not in any way endorse, nor is it responsible for, the content on those other web sites. The linked sites are not under the control of HAIL STORM PRODUCTS and HAIL STORM PRODUCTS is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. HAIL STORM PRODUCTS provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by HAIL STORM PRODUCTS of the site. You understand further that the Internet contains unedited materials some of which may be offensive to you. You access such materials at your risk. HAIL STORM PRODUCTS has no control over and accepts no responsibility whatsoever for such materials.
Updated: June 20, 2013