Website Terms and Conditions of Use
The terms and conditions provided below (“Terms and Conditions”) govern your use of Politicalstorm.com and its features as well as any other similarly branded or co-branded websites and applications (including sub-domains, international versions, widgets, mobile versions, and mobile apps) (“Website(s)”) operated by, on behalf of, or in partnership with The Political Storm, LLC (“Political Storm,” “we,” “us,” “our”). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these Terms and Conditions. If you fail to comply with these Terms and Conditions, your permission to use the Website automatically terminates and we may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity.
Political Storm reserves the right to modify these Terms and Conditions from time to time, in our sole discretion, and any such changes are effective immediately upon posting to our Website.
1. Use of the Website.
You agree not to use the Website for any action or communication that is unlawful, prohibited by these Terms and Conditions, false, misleading, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of Political Storm or any third party.
You agree not to use the Website for any action or communication that violates Political Storm’s “House Rules,” which prohibit profanity and derogatory comments based on race or religion. The House Rules may be updated from time to time, and shall continue to be incorporated into these Terms and Conditions.
You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use except as authorized by these Terms and Conditions. You agree not to alter or modify, or attempt to alter or modify, any part of the Website except as authorized by these Terms and Conditions. Political Storm may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and other elements of the Website, but Political Storm is under no obligation to do so and we do not assume any responsibility or liability arising from same.You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover the information of other users of the Website or of Political Storm’s customers except as authorized by these Terms and Conditions. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.
2. User Submissions to the Website.
Any communication (including advertisements) which you post or submit to the Website is considered to be non-confidential and public. You retain all intellectual property ownership of your submissions. By posting communications to the Website, you automatically grant Political Storm a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
You hereby represent and warrant that you are the sole author of any content (including advertisements) you post or submit to the Website, and that such content does not infringe upon the copyright or other intellectual property rights of any person or entity.
Political Storm reserves the right to modify, edit, or delete any content on the Website, including user profiles and other content submitted by users.
3. User Accounts and Security.
As a user of the Website, you may receive or establish an account (“Account”). You may give administrative access to an Account to up to four authorized representatives; however, you are solely responsible for choosing and designating your authorized representatives and maintaining the confidentiality and security of your Account, including all information necessary to access your Account. You should not reveal your Account information to anyone except your authorized representatives or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Political Storm of any unauthorized use of your Account or any other breach of security. Political Storm shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including legal fees, accounting fees, business interruption damages, lost profits, and punitive, incidental, special, or consequential damages arising out of the authorized or unauthorized use of your Account, whether arising as a contract, negligence, tort, or other action.
In order to maintain the integrity of all account information on the Website, you agree that: (i) you will not provide any false company or personal information on the Website; (ii) you will not create an Account for anyone other than your company, or yourself, without permission; (iii) if we suspend or close your Account, you will not create another one without permission; (iv) you will keep your contact information accurate and up-to-date; and (v) you will not transfer your Account (including any page you administer) to anyone without first getting our written permission.
4. Content Contributors.
Through the Website, users, bloggers, authors, pundits, commentators, journalists, and other individuals or entities (“Content Contributors”) may submit articles, blog posts, images, videos or other written or audio/visual content which may, from time to time, appear in different sections of the Website. Political Storm is not responsible for and does not necessarily hold the opinions expressed by such Content Contributors. Opinions, statements, or other content provided by Content Contributors are theirs alone, and are not attributed to or endorsed or guaranteed by Political Storm. Political Storm, its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
5.Limit on Liability.
The material on the Website may contain inaccuracies or typographical or other errors. Political Storm makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website. Use of the Website and any information contained therein is at your own risk. The content of the Website may or may not be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.
POLITICAL STORM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, POLITICAL STORM IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY OF THOSE COSTS OR ANY RELATED COST OR DAMAGE, WHETHER DIRECT, CONSEQUENTIAL, OR OTHERWISE.
The Website and its content are delivered on an “as-is” basis. Political Storm reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice.
Political Storm does not take title to or possession of any product or service being sold or advertised on the Website, and we are not a party to any third parties’ or user’s sales made through the Website. In the event of a dispute between users, or users and other third parties, you hereby release Political Storm, our directors, officers, employees, and agents, from and against any and all claims, demands and damages (actual and consequential, and including attorneys’ fees) 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. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
POLITICAL STORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ALL PRODUCTS OR SERVICES SOLD OR ADVERTISED THROUGH THE WEBSITE. BY USING THE WEBSITE OR PURCHASING ANY GOODS OR SERVICES LISTED BY A THIRD PARTY ON THE WEBSITE, YOU AGREE THAT POLITICAL STORM WILL NOT BE LIABLE FOR ANY FAILURE, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE OR OF ANY CONTENT, FEATURE, PRODUCT, OR SERVICE OFFERED THROUGH THE WEBSITE.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, ARTICLES, MARKET OR STOCK DATA, OR OTHER INFORMATION. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON BY YOU. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THROUGH OUR SITE IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
Political Storm makes no warranty that the use of material or content displayed on the Website will not infringe upon the rights of third parties neither owned by nor affiliated with Political Storm.
6. Waiver of Damages.
IN NO EVENT SHALL POLITICAL STORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT POLITICAL STORM IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF POLITICAL STORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THE WEBSITE IS LIMITED TO THE AMOUNT YOU PAID POLITICAL STORM TO USE THE WEBSITE OR ITS SERVICES.
Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.
You agree to indemnify, defend and hold harmless Political Storm, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website, your transactions and other dealings through the Website, or your breach of these Terms and Conditions. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
8. Copyrights and Trademarks.
Our website is owned and operated by Political Storm. Unless otherwise specified, our website contains materials and information, in various formats, including, but not limited to, images, illustrations, photographs, graphs, messages, videos, audio, software, data, and text that are the sole property of Political Storm, ALL RIGHTS RESERVED. The copyright and other proprietary rights and interests in all of this information are owned by Political Storm, our affiliates, or someone who has granted Political Storm a license to use the information or materials. You may view, download, print, and retain a copy of pages of the Website only for your personal use. You may use Political Storm’s “Link to Us” logos and buttons, if provided, to post links to the Website, provided you do not only place the logo or button on any website that you do not have permission to do so. Except as expressly authorized in these Terms and Conditions, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribution any information from our website in whole or in part without our prior written consent. Requests for any such consent should be directed to email@example.com.The trademarks, service marks, and logos displayed on our website are registered and common-law trademarks of Political Storm, and others. No license or right to use any trademark contained on our website is granted to you and any use of any such mark contained on this website is expressly prohibited unless you obtain the prior written authorization to use such mark from Political Storm or such other third party holder of the mark. If you have a specific question related to the marks on our website or a request for the use of such marks, please direct your inquires to firstname.lastname@example.org.
9. Notices and Procedures for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement (“Notification”) should be sent to the Website’s designated agent. ALL INQUIRES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Political Storm respects the intellectual property of others and we ask you to do the same. Political Storm will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of Notification complying with the DMCA, Political Storm will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Political Storm the following information. Please be advised that to be effective, the Notification must include ALL of the following:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that it is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and email address and all other information reasonably sufficient to permit Political Storm to contact you
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification Should Be Directed To: email@example.com.
11. Third Party Websites.
The Website may contain links to other websites, which may or may not be controlled, operated, affiliated or hosted by Political Storm. Certain links are provided on the Website in order to provide visitors to our site with other points of interest or connections to our partners via the internet; the inclusion of any such link(s) on the Website does not mean nor should it be construed to mean such website is affiliated with Political Storm, unless such affiliation is specifically stated. We make no representations or warranties, nor do we assume any responsibility with regard to any other website that you may access through the Website.
If you fail, threaten to fail, or if Political Storm suspects that you have failed to comply with any of the provisions of these Terms and Conditions, including but not limited to failure to make payment of fees due, failure to provide accurate and complete registration data, failure to safeguard your Account information, violation of these Terms and Conditions, or infringement or other violation of third parties’ rights, Political Storm, at its sole discretion, without notice to you may: (i) terminate your Account and/or (ii) preclude your or any user’s access to the Website (or any part thereof).
Political Storm reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Political Storm will not be liable to you or to any third party should it exercise such rights.
13. Export Control.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agreed to abide by these laws and their regulations.
14. Governing Law.
These Terms and Conditions and any disputes arising out of or related to the use of the Website or these Terms and Conditions will be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. All actions brought to interpret or enforce any provision of these Terms and Conditions shall be brought in the federal or state courts located in Pennsylvania, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non convenient.
15. Disclosures of Certain Information.
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency compelling us to disclose certain information, we may comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
16. Dispute Resolution.
Any controversy arising out of or relating to the use of this Website or these Terms and Conditions may at the election of either party be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
17. Entire Agreement.
18. Contact/Address for Legal Notice.
All questions, comments and legal notices should be submitted to:
Last Revised: 1/26/16