Please read this User Agreement before using this Service. By continuing to use DormStormer.com, you agree to abide by the conditions of this User Agreement, otherwise, please don’t use DormStormer.com.
DORMSTORMER.COM SERVICE USER AGREEMENT
- The Service is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because DormStormer cannot prohibit minors from accessing, viewing, browsing, visiting or using the Service, it must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors. DormStormer may, in its sole discretion, refuse to offer access to or use of the Service to any person or entity without notice and change its eligibility criteria at any time. USE OF THE SERVICE IS VOID WHERE PROHIBITED BY APPLICABLE LAW AND THE RIGHT TO ACCESS THE SERVICE IS REVOKED IN SUCH JURISDICTIONS.
- 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. You agree that DormStormer shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
- This Service (including, without limitation, text, widgets, software, tools, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and DormStormer (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. All individual articles, videos, content and other elements comprising this Service are also copyrighted works, and DormStormer (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Service. DormStormer makes no claims that content of the Service may be lawfully viewed or downloaded. Access to content of the Service may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. By posting or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, images, audio, profiles, data, comments, reviews or otherwise) or using any widget available through the Service, you are giving DormStormer, and its affiliates, agents and third party contractors the right to reproduce, display or publish such content on the Service and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, to distribute such content, and to use, edit, modify and otherwise exploit such content, including running paid advertising on or adjacent to any such content (even if you delete or edit your submission at a later date). You understand that whether or not such User Submissions are published, DormStormer does not guarantee any confidentiality with respect to any User Submissions.
- You agree and warrant that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DormStormer all of the rights granted herein;
- submit sexy or suggestive photos of persons under the age of 18;
- publish falsehoods or misrepresentations that could damage DormStormer or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is inappropriate or otherwise violate this User Agreement or the policies, guides, FAQs and other requirements of the Service;
- upload viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of DormStormer or any third party;
- impersonate any person or entity, including, but not limited to a DormStormer employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post or otherwise make available any unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service, including attempting to bypass any security measures used on the Site or with the Service;
- post advertisements or solicitations of business. DormStormer reserves the right to remove, edit, modify, reformat, excerpt translate or not publish any materials or submissions without prior notice;
- attempt to manipulate the DormStormer points system, or offer any payment or incentives to individuals or third parties in return for driving traffic to DormStormer;
- Collect or store any personally identifiable information from the Site or Applications from other users of the Site or Applications without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation or;
- Encourage or enable any other individual to do any of the foregoing.
- You further understand and acknowledge that you may be exposed to content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and, by accessing the Service, you automatically waive, any legal or equitable rights or remedies you have or may have against DormStormer with respect to such content.
- Points awarded on DormStormer hold absolutely no monetary value. DormStormer may edit or abolish the points system, edit the cost of items, edit individual users’ points amounts, withhold points from users for any period of time, or make any changes in regards to the points system as it sees fit at any time without having to give any notice whatsoever.
- If you are a copyright owner or agent thereof and believe that content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows:
Attn: Copyright Agent
1234 Armacost Ave, #203
Los Angeles, CA 90025
By email: firstname.lastname@example.org
Please note that all information must be in the body of the email and that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
- Unless expressly permitted, you may not copy, reproduce, reverse engineer, disassemble, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except as permitted under “fair use” or through an authorized widget or syndication vehicle such as displaying the DormStormer badge on your site.
- DormStormer has sole and complete discretion over the programming of content into the Site or through the Service, including without limitation on widgets or syndicated units made available to publishers and other web sites for self install, through implementation assistance from DormStormer personnel or otherwise made available by DormStormer. DormStormer may display on the Site and through the Service (including through any widgets or syndication units that you may use on other sites) paid content, including without limitation paid advertisements sold by DormStormer or third parties.
- You agree to indemnify and hold harmless DormStormer and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this User Agreement. 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.
- THIS SERVICE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SERVICE AND ANY MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
- THIS SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY DORMSTORMER OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
- We are not responsible for the availability or content of other services that may be linked to from this Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that DormStormer 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 the use of or reliance on any content, goods or services available on or through such services.
- DormStormer and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
- No agency, partnership, joint venture, or employment is created as a result of this User Agreement and you do not have any authority of any kind to bind DormStormer in any respect whatsoever. Any notice to the Site that is required or permitted by this User Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to email@example.com or when delivered in person, by nationally recognized overnight courier or by first class, registered or certified mail, postage prepaid, to 1234 Armacost Ave #203, Los Angeles, CA 90025.
- No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and DormStormer’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. DormStormer may assign, transfer or delegate any of its rights and obligations under this User Agreement without restriction.
- This Agreement may be terminated by either party for any reason at any time. All provisions of this User Agreement which by their nature should survive termination shall survive termination.
- The Site may contain links to other websites. DormStormer.com has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services.
- Items in the Points Store do not necessarily constitute an endorsement of, or any representation regarding, the company or owner of those products or services.
Products seen on the Site may have limited availability and are subject to supply. Descriptions, specifications, colors and pricing are subject to change at any time and without any notice. Prices displayed on the site are quoted in U.S. Dollars. Because of possible inaccuracies on the website, DormStormer reserves the right to cancel any order made on the website at any time. In the event that DormStormer or its partners chooses not to fulfill an order for any reason, a full refund will be processed back to the credit card that was used to make the original purchase, or a check may be sent to the address on file.
We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site. Further, although we may choose to do so, we are under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.
- This Agreement shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.