STORM TERMS OF SERVICES

1. Introduction; Your Agreement to these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by STORM INC. (“Storm”) consisting of the website available at https://storm.audio, a mobile application, and its network of websites, software applications, or any other products or services offered by STORM INC. (the “ Storm Services ”). Other services offered by Storm may be subject to separate terms.

When using the Storm Services, you will be subject to Storm’s Privacy Policy, Storm’s Community Guidelines, and you will be subject to additional guidelines or rules that are posted on the Storm Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. 

The Terms of Service apply whether you are a user that registers an account with the Storm Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the Storm Services, you are entering into a legally binding agreement between you and Storm regarding your use of the Storm Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Storm Services.

When using or opening an account with Storm on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.

2. Use of Storm by Minors and Blocked Persons

The Storm Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Storm Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

The Storm Services are also not available to any users previously removed from the Storm Services by Storm. Finally, the Storm Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE STORM SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE STORM SERVICES.

3. Privacy Policy

Your privacy is important to Storm. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and Privacy Choices on how you can manage your online privacy when you use the Storm Services.

4. Account

a. Account and Password

In order to open an account, you will be asked to provide us with certain information such as an account name and password.

You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your smartphone, computer, and for all activities that occur under your account or password. Please make sure the information you provide to Storm upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

Unless expressly permitted in writing by Storm, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Storm reserves all available legal rights and remedies to prevent unauthorized use of the Storm Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

b. Third Party Accounts

Storm may permit you to register for and log on to the Storm Services via certain third party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how Storm collects, uses and discloses your personal information when you link your Storm account and with your account on any third party service can be found in our Privacy Policy.

5. Use of Devices and Services

Access to the Storm Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Storm Services.

6. Modification of these Terms of Service

Storm may amend any of the terms of these Terms of Service by posting the terms. Your continued use of the Storm Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

7. License

The Storm Services are owned and operated by Storm. Unless otherwise indicated, all content, information, and other materials on the Storm Services (excluding User Content, set out in Section 8 below), including, without limitation, Storm’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Storm Services are the property of Storm or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Storm, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Storm Services for your personal use or internal business use only.

Storm reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Storm Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Storm Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Storm Services, the Materials, or any information contained in them, except as expressly permitted on the Storm Services; or (f) any use of the Storm Services or the Materials except for their intended purposes. Any use of the Storm Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Storm, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Storm can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the Storm Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Storm Services; or (c) we are unable to continue providing the Storm Services to you due to technical or legitimate business reasons.

8. User Content

a. License to Storm

(i) Unless otherwise agreed to in a written agreement between you and Storm that was signed by an authorized representative of Storm, if you submit, transmit, display, perform, post or store User Content using the Storm Services, you grant Storm and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Storm Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Storm and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

(ii) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Storm Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Storm Services and others copied or stored portions of the User Content; (b) Storm used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.

b. User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Storm or third parties. Storm reserves all rights and remedies against any users who breach these representations and warranties.

c. Content is Uploaded at Your Own Risk

Storm uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Storm does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Storm shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against Storm for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY STORM HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

d. Promotions

Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through or utilizing the Storm Services (a “ Promotion ”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions. (ii) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Storm has the right to remove your Promotion from the Storm Services if Storm reasonably believes that your Promotion does not comply with the Terms of Service or applicable law. (iii) Storm is not responsible for and does not endorse or support any such Promotions. You may not indicate that Storm is a sponsor or co-sponsor of the Promotion. (iv) You will display or read out the following when a Promotion is connection with your Promotion: “This is a promotion by [Your Name]. Storm does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion”.

e. Endorsements/Testimonials

You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Storm Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Storm Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Storm, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Storm Services.

9. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Storm Services.

You agree that you will comply with these Terms of Service and Storm’s Community Guidelines and will not:

  1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
  2. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Storm Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Storm Services, or perform any other similar fraudulent activity;

iii. make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Storm Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;

  1. harvest or collect the email addresses or other contact information of other users from the Storm Services;
  2. defame, harass, abuse, threaten or defraud users of the Storm Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
  3. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Storm Services or User Content, features that prevent or restrict use or copying of any content accessible through the Storm Services, features that enforce limitations on the use of the Storm Services or User Content, or delete the copyright or other proprietary rights notices on the Storm Services or User Content;

vii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Storm Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

viii. modify, adapt, translate or create derivative works based upon the Storm Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

  1. interfere with or damage operation of the Storm Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  2. relay email from a third party’s mail servers without the permission of that third party;
  3. access any website, server, software application, or other computer resource owned, used and/or licensed by Storm, including but not limited to the Storm Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Storm may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed Storm, including but not limited to the Storm Services;

xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Storm Services;

xiii. interfere with or disrupt the Storm Services or servers or networks connected to the Storm Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Storm Services; use the Storm Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Storm Services, or that could damage, disable, overburden or impair the functioning of the Storm Services in any manner;

xiv. use or attempt to use another user’s account without authorization from that user and Storm;

  1. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Storm Services that you are not authorized to access;

xvi. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

xvii. use the Storm Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

Storm takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Storm liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Storm Services. Your use of the Storm Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Storm Services will not contain any content that is prohibited by such rules.

Storm is not liable for any statements or representations included in User Content. Storm does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Storm expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Storm reserves the right to remove, screen or edit any User Content posted or stored on the Storm Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Storm Services at your sole cost and expense. Any use of the Storm Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Storm Services.

10. Respecting Copyright

Storm respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Storm Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.

11. Trademarks

Storm, the Storm logos, and any other product or service name, logo, or slogan used by Storm, and the look and feel of the Storm Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Storm, and may not be used in whole or in part in connection with any product or service that is not Storm’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Storm, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Storm may provide you from time to time.

All other trademarks referenced in the Storm Services are the property of their respective owners. Reference on the Storm Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

12. Third Party Content

In addition to the User Content, Storm may provide other third party content on the Storm Services (collectively the “Third-Party Content”). Storm does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the Storm Services.

You are responsible for deciding if you want to access or use third party websites or applications that link from the Storm Services (“Reference Sites”). Storm does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Storm Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

13. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Storm or its employees, you acknowledge and agree that Storm shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

14. Termination

To the fullest extent permitted by applicable law, Storm reserves the right, without notice and in our sole discretion, to terminate your license to use the Storm Services (including to post User Content), and to block or prevent your future access to and use of the Storm Services, including where we reasonably consider that: (a) your use of the Storm Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Storm Services; or (c) we are unable to continue providing the Storm Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions, Storm Prime or Turbo accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Storm Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Storm in operating the Storm Services, or (iv) any content or information transmitted through the Storm Services, is to terminate your account and to discontinue use of any and all parts of the Storm Services.

15. Disputes

  1. Indemnification

You agree to indemnify, defend, and hold harmless Storm, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Storm Services, any User Content you post, store or otherwise transmit in or through the Storm Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Storm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Storm, and you agree to cooperate with Storm’s defense of these claims. Storm will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.

  1. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE STORM SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY STORM; (B) STORM, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“STORM PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE STORM SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) STORM DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE STORM SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) Storm IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE STORM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE STORM SERVICES SAFE, STORM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE STORM SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STORM OR THROUGH THE STORM SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “STORM” INCLUDES STORM’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

  1. Limitation of Liability and Damages
  2. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL STORM OR THE STORM PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE Storm SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM STORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, 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 STORM’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Storm, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Storm SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Storm SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

  1. Reference Sites.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN STORM AND RECEIVED THROUGH OR ADVERTISED ON THE STORM SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.

iii. Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT STORM HAS OFFERED THE STORM SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND STORM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND STORM. STORM WOULD NOT BE ABLE TO PROVIDE THE STORM SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

  1. Applicable Law and Venue

(i) To the fullest extent permitted by applicable law, you and Storm agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH STORM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM STORM.

You and Storm agree to arbitrate any dispute arising from these Terms of Service or your use of the Storm Services, except that you and Storm are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Storm agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Storm shall be sent to STORM INC., Attn: Legal, 21 rue Marius Aufan - 92300 Levallois-Perret, France. You and Storm further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in th State of Delaware; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in the State of Delaware have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Delaware and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Storm will not commence against the other a class action, class arbitration or other representative action or proceeding.

(ii)     If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply:

Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence. 

Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.

  1. Claims

YOU AND STORM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Storm SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Miscellaneous

a. Waiver

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

b. Severability.

If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

c. Assignment.

These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Storm without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

d. Survival.

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.

e. Entire Agreement.

The Terms of Service, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and Storm relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Storm as set forth in Section 6 above.

17. Requests for Information and How to Serve a Subpoena

All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any Storm Service must be made using the appropriate level of legal process, and must be properly served on Storm via the Corporation Service Company (CSC), Storm’s national registered agent. Please find below the California address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State’s website):

STORM INC.

c/o Corporation Service Company

251 LITTLE FALLS DRIVE

WILMINGTON DE 19808.

Please note that Storm does not accept such requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Storm Service at issue, e.g. www.Storm.audio, and the username at issue, e.g. the Storm username: http://www.Storm.audio/username), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request.

The Storm Services are offered by STORM INC., located at:STORM INC. c/o Corporation Service Company 251 LITTLE FALLS DRIVE - WILMINGTON DE 19808 and email: stormaudioapp@gmail.com.

 

 

PRIVACY NOTICE

This STORM Privacy Notice applies to your use of www.storm.audio, and any other websites, applications, or services provided, owned, or operated by STORM INC. (with its affiliates, “STORM”) that link to this Privacy Notice (collectively, the “STORM Services”). STORM values the privacy of users, subscribers, publishers, members, and others who visit and use the STORM Services (collectively or individually, “you” or “users”) and wants you to be familiar with how we collect, use, and disclose personal information from and about you. This notice describes our privacy policy. By visiting www.storm.audio, setting up your STORM account, or using the STORM Services, you are accepting the practices described in this Privacy Notice, to the extent permitted by law.

For purposes of data protection laws, STORM INC., located at CORPORATION SERVICE COMPANY, 251 LITTLE FALLS DRIVE, WILMINGTON, 19808 DELAWARE, is the “data controller” of your information collected in connection with the STORM Services.

You may share personal information when using the STORM Services. One example is when you provide information about yourself as part of the STORM account creation process. Another is when you take certain actions on the STORM Services that are public or intended to be public in nature, such as when you broadcast content, participate in a chat room, post profile information, follow a channel, or subscribe to a broadcast channel. Given the social nature of some of the STORM Services, that information may be collected, used, or disclosed by others who are part of that social interaction. In addition, some features of the STORM Services are designed to provide others with information about user activity, such as the subscription status of users for a given channel. We encourage you to be mindful of this when considering your activity on the STORM Services.

Table of Contents

  1. Information STORM Collects
  2. How STORM Uses Information
  3. When STORM Discloses Information
  4. Data Subject Rights & Your Choices
  5. Account Closure & Deletion
  6. Third-Party Websites and Services
  7. Extensions
  8. Advertisers and Analytics Providers
  9. Do Not Track
  10. Data Security
  11. Retention of Your Information
  12. Children's Privacy
  13. Merger or Sale
  14. International Data Transfers
  15. Changes and Updates to this Privacy Notice
  16. STORM Contact Information
  17. California Privacy Rights

Personal Information STORM Collects About You

We obtain information about you through the means discussed below when we provide the STORM Services. Please note that we need certain types of information so that we can provide the STORM Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use the STORM Services.

  • User-provided Information: You may provide a variety of information about yourself to us, such as your name, voice and image (in any content you upload), STORM username, email address, postal mailing address, telephone number, credit card number, and billing information when you register for STORM Services; upload, purchase, view, or download certain content or products from the STORM Services; enter contests or sweepstakes; or otherwise use the features and functionality of the STORM Services.
  • Automatically Collected Information: When you access the STORM Services or open one of our emails, we automatically record and store certain information about your system by using cookies and other types of technologies. Cookies are small text files containing a string of alphanumeric characters that are sent to your browser. For information about what cookies are, how they work, how STORM uses them, and how to remove them, please see our Cookie Policy . Examples of such information we automatically collect include Internet Protocol address (“IP Address”), a unique user ID, device and browser types and identifiers, referring and exit page addresses, software and system type, and information about your usage of STORM Services. Examples of how STORM uses automatically collected information include to: (a) automatically update the STORM application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the STORM Services; (c) provide customized advertisements, content, and information; (d) monitor the effectiveness of marketing campaigns; (e) monitor and store aggregate site usage metrics such as total number of visitors and pages accessed; and (f) track your entries, submissions, and status in any promotions or other activities.
  • Information from Other Sources: We may obtain additional information such as demographic and statistical information from third parties and sources other than the STORM Services, such as advertisers or social media networks (such as Facebook) for which you have approved our access. When you access the STORM Services through social media networks or when you connect the STORM Services to social media networks, you are authorizing STORM to collect, store, and use such additional information and content in accordance with this Privacy Notice. We may also obtain information from third-party services regarding your use of such services, including about your use of the content you choose to broadcast through the STORM Services. We use this information to supplement the information we collect about you in order to provide more relevant, safer experiences for you with the STORM Services and improve the STORM Services, analytics, and advertising. If we combine or associate information from other sources with information that we collect through the STORM Services, we will treat the combined information in accordance with this Privacy Notice.

How STORM Uses Personal Information

  • STORM uses such information to operate, maintain, enhance, provide, create, and develop all of the features, functionality, and services (new or existing) found on the STORM Services; provide security for our websites, products, software, or applications; manage relationships with STORM account holders, including making or receiving payment; improve users’ experience with STORM by providing content recommendations and by delivering content that we hope users will find relevant and interesting, including advertising and marketing messages; allow you to comment on content, and participate in online games, contests, or rewards programs; prevent fraud and abuse; and understand the usage trends of our users.
  • We use your email address and/or telephone number to communicate with you, including to notify you of major STORM Services updates, for customer service purposes, or to contact you regarding any content that you have posted to or downloaded from the STORM Services. If you want to stop receiving notifications by telephone, reply STOP to any text message from us. Note that we may still send you additional informational or transactional notifications.
  • STORM may periodically send promotional materials or notifications to you related to the STORM Services. If you want to stop receiving promotional materials, you can go to your account settings once you have logged in to the STORM Services or follow the unsubscribe instructions at the bottom of any email from us. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
  • In certain cases, we have a legal obligation to collect and process your personal information (such as our obligation to share data with tax authorities).
  • We may also ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.
  • STORM will rely on legal grounds to process your personal information to the extent permitted by applicable law, which may include, without limitation:  to honor contractual commitments, to take steps in anticipation of entering into contract, to fulfill legal obligations, your consent, and STORM’s legitimate interests.

When STORM Discloses Personal Information

We share such information as described below:

  • We disclose such information to service providers working on our behalf, such as, to: provide website hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; or assist STORM in improving the STORM Services and creating new services and features. We require that these parties process such information in compliance with this Privacy Notice, we authorize them to use the information only for the purposes for which it is provided to them, and we require them to use reasonable confidentiality measures.
  • STORM may make information available to our affiliates (meaning entities controlled by, controlling, or under common control with STORM), including Amazon.com, Inc. and its subsidiaries that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
  • STORM may disclose user information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required.
  • STORM also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to protect STORM from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the STORM Services; or protect the rights, property, or safety of STORM, our users, or others.

Other than as set out in this Privacy Notice, you will receive notice when personal information about you might be shared with third parties and you will have an opportunity to choose not to share the information.

Data Subject Rights and Your Choices

You may decline to share certain information with STORM, in which case STORM may not be able to provide to you some of the features and functionality found on the STORM Services. If you have created a STORM Services account, depending on the service, you may be able to update your profile information and preferences or disable your account by logging in and going to the settings page -- for example, www.storm.audio. To learn more about how you can exercise your privacy choices, click here. For other requests to review, update, delete, or otherwise limit STORM’s use of information that you have provided directly to STORM, you may contact contact@storm.audio. In your request, please include your email address, name, address, and telephone number and specify all relevant background. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Residents of the European Economic Area (“EEA”), can exercise certain data subject rights available to them under applicable data protection laws.  We will comply with requests to exercise these rights in accordance with applicable law. Please note that in some circumstances, we may need to keep processing your information for certain legitimate interests or to comply with a legal obligation.  If these rights apply to you, they may permit you to request that we:

  • Obtain access to or a copy of certain personal information we hold about you
  • Prevent the processing of your personal information for direct marketing purposes (including any direct marketing processing based on profiling)
  • Update personal information that is out of date or incorrect
  • Delete certain personal information we hold about you
  • Restrict the way that we process and disclose specific personal information about you
  • Transfer your personal information to a third-party provider of services
  • Revoke consent that you previously provided for the processing of your personal information

For more information on how to exercise these rights, click here.  If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

Account Closure & Deletion

If you would like to close your account and delete your profile information on you can do so in the mobile application in the settings section of your profile page. If you close your account, STORM may retain certain information about you for the activities described in this Privacy Notice, or as permitted or required by applicable law.

Third-Party Services and Websites

The STORM Services may link to third-party websites or services. The privacy practices of those third parties are not governed by this Privacy Notice. We encourage you to review the privacy policies of these third-party websites and services to understand their practices.

If you connect to a third-party service (such as Snapchat, Facebook, Twitter, or another third-party application) through the STORM Services or otherwise link your STORM account with a third-party service, you are requesting and authorizing us to share or grant access to information on your behalf (such as your username, the fact that your connection originated from the STORM Services, and other relevant usage and diagnostic information) with such third party. We may also send information about the content you watch or your activities on the STORM Services to such third parties. For example, we may make information available to app developers, game developers, and game publishers to facilitate purchases and awards of digital goods, such as games and in-game items.

Advertisers and Analytics Providers

STORM may use third-party Web analytics services in connection with the STORM Services. These service providers use a variety of tracking technologies such as cookies to analyze how users use the STORM Services. The information collected (described above in “Automatically Collected Information”) may be shared with or collected directly by these services and processed to evaluate your use of the STORM Services.

STORM may also work with third-party ad networks, advertisers, and  advertising analytics providers to target (and measure the performance of) ads to you both on and off the STORM Services. We may share with these third parties (or they may directly collect) data such as cookie and mobile ad identifiers in order to engage in advertising activity (including to understand how you respond to advertisements and to serve relevant ads). STORM also works with third parties to serve ads to you off STORM’s Services. When we do so, we may share information such as your email address or resettable device identifier for that advertising partner to “match” to other information that may have about you.

Advertisers on STORM, or representatives or service providers working on their behalf (“STORM Advertisers”), sometimes use technology to serve ads that appear on our services directly to your device. device. They automatically receive certain data, such as your IP address, when this happens. They may also use cookies (or similar technologies) to measure the effectiveness of their ads and to personalize ad content. This Privacy Notice does not apply to, and we cannot control the tracking technologies and activities of STORM Advertisers and you should consult their respective privacy policies. For more information about STORM Advertisers and similar entities that use these technologies, and to opt-out of their advertising practices, go to our Privacy Choices page.

Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the Network Advertising Initiative, Your Online Choices and the Digital Advertising Alliance opt-out links above. However, STORM does not recognize or respond to browser-initiated DNT signals.

Data Security

STORM uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to STORM, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Retention of Your Information

STORM maintains data related to your usage of STORM for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required (or permitted) by law such as for tax and accounting purposes, or as otherwise communicated to you. Once you have asked us to close your account and delete your profile information, we will delete all information that we are not required or permitted to retain by law.

Children’s Privacy

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE STORM SERVICES AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of young children is especially important. For that reason, STORM does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years-of-age. If STORM learns that personal information of persons under 13 has been collected on or through the STORM Services, STORM will take appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become a STORM Services member, then please contact STORM at privacy@storm.audio to have that child’s account terminated and personal information deleted.

For residents of the EEA, where processing of personal information is based on consent, STORM will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.

Merger or Sale

In the event that STORM, or some or all assets related to the STORM Services are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.

International Data Transfers

Information collected by STORM may be stored and processed in your region, in the United States (for instance in our major data centers), or in any other country where STORM or its affiliates, subsidiaries, partners, or service providers are located or maintain facilities.  If we provide any information about you to any such entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Notice and applicable law.

Changes and Updates to this Privacy Notice

STORM reserves the right to change, modify, add, or remove portions of this Privacy Notice at any time (for example to reflect updates to the STORM Services or to reflect changes in the law). Please check this Privacy Notice periodically for those changes. Your continued use of the STORM Services after the posting of changes constitutes your binding acceptance of such changes.

We will not materially change our policies and practices to make them less protective of personal information collected in the past under a prior version of the Privacy Notice without the consent of affected individuals

STORM Contact Information

Please contact STORM with any questions or comments about this Privacy Notice at STORM INC. c/o Corporation Service Company 251 LITTLE FALLS DRIVE - WILMINGTON DE 19808 or by email to privacy@storm.audio. We will respond to your inquiry within 30 days of its receipt. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (as defined by applicable California law) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. STORM does not currently disclose personal information to third parties for their direct marketing purposes.