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Terms of Use

This agreement is made by and agreed to between Storms AI (“We”, “Us” or “Our”) and you (“User” or “You”), the party registering to become a platform user or non-registered user. The terms and conditions contained in this Agreement apply to your participation in our services which include our media content platform, our online content-based websites or mobile applications (the “Platform” or “Service”). We, Us, Our, User, and/or You may be used in capital or non-capital form interchangeably. As we operate several websites and applications, these terms of use shall apply to any of our products that may be made available to You.

Enrollment as a user in the Platform

Participation in the Platform. To become a user (registered or unregistered) of the Platform, You may be required to submit an application form through our interface (such as a website or mobile application), made available through the storms.ai domain or app store (the “Sites”). You must accurately complete the application to become a registered user (and maintain or update the information therein) and You may not use any aliases or other means to mask your true identity or contact information. Not all Services may require registration in order to use the Service. We reserve the right, at our sole discretion, to accept, or reject any application for access, including but not limited to, deactivation of a user’s account for any reason and at any time. You must be at least eighteen (18) years of age to register. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal authority to bind such business entity to this Agreement. Your assent to the terms, representations, and warranties contained within this Agreement creates a legally binding and enforceable contract between You and Us. If you do not agree to this Agreement, in its entirety, you are not authorized to register as a user or use the Platform in any manner, whatsoever. Notwithstanding the above, certain media content, access to information, or use of the Platform may be accessible by you without registration to the Platform. In such cases, your use and or continued use or access of the Platform shall hereby be deemed as your consent to the terms of the Platform and any amendment thereto. If you do not agree to the terms of the Platform, you should immediately cease use of and access to the Platform and the information contained therein.

Participation in Offers. The Platform may contain advertisements (including additional sponsored content) and other offers from us or third parties for a variety of services ("Offers"). By clicking on the Offers, you hereby acknowledge that you may be directed to the advertiser’s Offers page or mobile store, or other website link and provided with additional information regarding the Offers. By consenting to the Offers, you agree to be bound by the specific Offers terms and we are not liable for any Offers, terms, or conditions of the Offers (including the advertiser’s media website, application, advertisement creatives, or other media and links) and acknowledge that the Offer’s advertiser may accept or reject your participation in their Offer at their sole discretion. All matters regarding the Offers should be made directly to the Offer’s advertiser and they assume all responsibility for the accuracy of the Offer.

The Services

The Media. The Platform aggregates media as may be provided by third-party media content providers or generated by third-party writers, freelancers or employees, and officers of Ours (together the “Media” and “Media Contributors”). Users hereby acknowledge that the media content provided on the Platform by Media Contributors (even content by our employees or officers) may not be reviewed by us and may include information that may not be accurate. In addition, any opinions, forecasts, market or informational analysis that may be provided in any article or media content does not reflect our opinion and represents only the opinion of the Media Contributor. We do not assume any liability for the accuracy or correctness of any media content made available on the Platform.

As a user of the Platform, in addition to the Media, you may have access to other users’ comments, information, and opinions through posts or comments by such users. We assume no responsibility or liability for the content of any such posts and you acknowledge that the content of such posts is the sole opinion of the user posting.

By using the Platform, you hereby grant us the right to track your usage of the Platform or services, monitor your posts, comments, rating, or other media usage, send messages to you via the Sites or other communication methods, create user profiles of your activity, distribute rewards and other action in accordance with the operation or maintenance of the Platform and Services. You also acknowledge that our partners (including Advertisers) may collect information regarding Your usage of the Service or Site for advertising purposes.

Other Media Usages – Copying or duplicating Media, sharing Media, or using media excerpts (unless such features are enabled specifically through the Service) are hereby prohibited without Our prior written consent.

User Account and Information

User actions. You agree that not to perform any of the Prohibited Uses and Prohibited Material Content as detailed below.

Unless otherwise requested in writing by You, We reserve the right to contact you by email, Platform messaging, direct messaging, or phone contact regarding any news, newsletter, marketing materials, developments, or other product-related information and offers.

Account Security. After accepting your application to the Platform, as part of the registration process, you may be required to select a username and password combination that You use to access your account within the Platform or access a specific Site. Registration for one Site will not necessarily register you for other Sites, but We may, at our discretion, enable Your access to another Site after registering with one of our Sites. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to your true identity. You are aware that We may rely on any data, notice, instruction, or request furnished to it by You. You shall notify Us of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username and password. You shall be responsible for maintaining the confidentiality of your username and password and You shall be liable for all usage and activity on your account, including use of the account by a third party authorized by You to use your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination by Us and, if applicable, referral to the appropriate law enforcement agencies.

Account access. In order to provide You with fast and easy access to your account, we may place a cookie (a small text file) on any computer or device from which you access the Service. When you revisit the Service or Site, this cookie enables us to recognize You as the account holder and may provide you with direct access to your account without requiring you to re-enter your password or other identification information. You are responsible for maintaining the confidentiality of your account number or user login details and password and for restricting access to your computer or device.

Restrictions on Offensive or Illegal Use. We are committed to a legal, safe, friendly, and equal environment and Platform. We strictly prohibit the use of our Platform or Service or any of its functionalities for offensive, illegal, or harmful purposes. You agree not to use the Platform, Service or Site to create, edit, post, link to, or share any content that is harmful, unlawful, obscene, libelous, inaccurate, racist, hateful, or criminal or that violates the right to privacy or any other illegal, offensive or inappropriate content or content deemed by Us, in our sole and absolute discretion, as being inappropriate for the Service (“Prohibited Material Content”). We reserve the right, at Our sole discretion, to remove any content which deems to be Prohibited Material Content and to take action against the user, including, but not limited to, stopping your access to the service. You may not post in any comment on the Platform or forum any service recommendation that implies endorsement by us. You shall remain solely and fully responsible for the content you submit to the Platform. In addition, any posts, comments, and media ratings made by you to the Platform shall become the property of the Platform (while assuming no liability in the content itself) and we reserve the right to distribute such comments within the Platform or to other third-parties, at our sole discretion.

Account Suspension or Termination. In any event that We suspect you have violated any of the provisions of this Agreement, we shall have the right, in addition to other remedies available to us under any applicable law and under this Agreement, at our sole discretion, to immediately suspend or terminate your account access, delete your information (including any saved preferences or information) without prior notice and impose penalties. 

Financial Terms

Tracking Actions and Financial Currency Terms and Conditions. We may enable the Platform to allow for its own financial digital currency (or other rewards program) to encourage and reward users for various actions on the Platform or Sites. All details regarding the Platform’s currency (the “Currency”) shall be subject to its own terms and conditions (the “Currency Terms”), which shall include information including but not limited to the conditions of reward, currency rules and guidelines, currency conversion or purchase, distribution, value and terms of obtaining the currency. The Currency Terms, if and when available shall be incorporated herein and shall be amended to these terms. Until such Currency is made available, at our sole discretion and in accordance with the Currency Terms a link may not be active.

Prohibited Uses

Failure to comply with each of the following Prohibited Uses of Links or websites (or any other term of this Agreement) may result in immediate termination from the Platform or Service:

You may not place links to any Media in third-party newsgroups, message boards, messaging services, blogs, user profiles, email distribution methods, and other types of spam, link farms, counters, chatrooms, or guestbooks unless such option has been specifically approved and provided for use through the Platform.

Security Violations. You are prohibited from violating or attempting to violate the security of the Platform or Service or Site, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with our Services to any user, including, without limitation, via means of submitting a worm, viruses or other harmful, disruptive or destructive files, code or programs to the Platform, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (iv) sending unsolicited email, including promotions and/or advertising of products or services in any post or comment; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of our security may result in civil or criminal liability. We reserve the right to investigate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on this Service.

Prohibited Sites/Content

You represent that all content You provide to the Service or use as part of the Service: (i) is solely and fully owned or managed by You or provided by You with the express authority of the company You represent; (ii) you will not post, disseminate or transmit any content that you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships.

The content You submit shall not contain any Prohibited Material Content.

User Obligations

Personally Identifiable Information. You are obliged not to send any personally identifiable information to Us.

You shall comply with our Privacy Policy (which is incorporated herein into this Agreement)

Applicable Codes and Code Maintenance. You agree that We and our third-party partners and advertisers may record your activity and track your Platform usage, including but not limited to any activity performed on a website linked from the Platform, Service or Site (for example, from Offers).

You consent to our access, storage, collection, analysis, usage, and process of your personal or non-personally identifiable data (collectively, “End-User Data”) in connection with the Services.

Proprietary Rights

Limited License, Permitted Uses. You are granted a non-exclusive, non-transferable, non-perpetual, revocable license (during the term of this Agreement) to:

access and use the Platform and Service in accordance with the terms herein or other guidelines as provided to you by us during the term;

use the Platform and Services solely for internal, personal, non-commercial purposes. You may not redistribute any part of the Platform, Site, Services or Media to any third-party without our prior written consent whether for commercial or non-commercial purposes. You may not reproduce, modify, copy, transmit or create derivative works of any Media in the Platform, the Platform or its Services, unless specifically authorized to do so by us;

certain Media is provided by third parties and such content is owned by the copyright owner. We reserve the right to provide your personal information and details to the third-party content owner in the event you violate or infringe upon any right of a third party and assist them in any actions they may determine in accordance with applicable law.

Restrictions on Use that Infringes Copyright. We are committed to protecting the copyright and intellectual property rights of creators and owners of Media. By using the Service, You agree to strictly follow copyright law and agree not to use the Platform, Site or Service in any manner which might be in conflict with others' rights. You should not, in any case, infringe any copyright (including but not limited to copyrighted images, videos, translation material, Media, works, logos, products, music, text, etc.) in use of the Service, Platform or Site (or in providing content or Media to the Service). The Service and Platform and technology utilized by Us, contain copyrightable materials, graphics, text, images, users details, technology specifications, methods, procedures, information, know-how, algorithms, data, inventions, patents, and patent applications (whether registered or not), technical data, interactive features, source and object code, files, interface and trade secrets of us or our partners or other third parties. For the purposes herein (between You and Us), all such material is our assets and is owned and/or licensed to Us and/or used by Us, and may be subject to copyright and other applicable intellectual property rights under domestic laws, foreign laws, and international conventions. To the extent the rights to any such assets are held by You (as copyright owners or creator), You hereby grant to us a perpetual, free and non-revocable license all such rights to Us for our use in any manner and for any reason as determined by Us and on any Site or Sites within our network and such Media may or may not be credited to You. Except for the limited license rights expressly granted to you in this Agreement, we retain all rights, title and interest in and to the Platform assets, Media and content.

All images, technology, Video, creative work, derivative work and other content of the Offers or related to the Offers are owned by the applicable advertiser and licensed to Us for use on our Platform. Your use or access to the Platform does not create any explicit or implicit right in the advertiser’s assets and all such property shall remain the sole property of the advertiser (or the rightful owner of such advertiser assets) and no part thereof shall be deemed assigned or licensed to You. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the advertiser’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, images, content, video, advertiser websites or other advertiser media in any way, unless given explicit permission to do so by Us and the advertiser.

Revocation of Licenses. We or Our advertisers may immediately terminate your license to the advertiser’s trademarks or media. You acknowledge the advertiser’s or Our ownership and right to use the advertiser’s marks and agree that all goodwill arising as a result of the use of the advertiser’s marks and advertiser’s media shall inure to the benefit of the Advertiser.

Our Use of Your Marks. You authorize Us and hereby grant us a perpetual, free and non-revocable license to utilize your trademarks, service marks, trade names, and/or copyrighted material (including any Site you manage or control and any content therein) that you may provide to Us through your account or by using or accessing the Service, Platform or Site to promote your participation in the Service or for any other purpose at our sole discretion.

Your Use of Our Proprietary Rights. You agree that your use of any our trademarks, service marks, trade names, and/or URLs (registered or unregistered) is subject to the license and terms of use that are available from herein and You explicitly agree not to adopt or use in any manner any trademarks, service marks, trade names, and/or URLs that are the same or confusingly similar to, or are combined with, those of ours.

You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of the Platform, Services, Site, Media, Offer material or advertiser’s media or content widgets, either by itself or by anyone on its behalf, in any way or by any means, unless expressly permitted under this Agreement and unless expressly approved in writing in advance by Us. Further, You may not (i) violate the legal rights of others and/or transmit or otherwise make available in connection with the Service, Site and any other services (and any part thereof) any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component including code to monitor users without their prior consent; (ii) interfere with or disrupt the operation of any Service; and/or (iii) use the Service in any way or context, that harms our goodwill or reputation or that of our Media Contributor, our employees, officers, shareholders, partners, customers, clients, advertisers or suppliers.

Data Ownership. You understand that all personally identifiable information, if any, provided by through the Platform or in response to an advertisement or request for information and/or any or all reports, results, and/or information created, compiled, analyzed and/or derived by us or our advertisers from such data is our sole and exclusive property (or that of the advertiser in connection with the Advertiser material) and is considered Confidential Information pursuant to this Agreement. We and/or Our Advertisers, in its sole discretion, shall have the right to use, market and re-market any users and/or user data without further obligation to you.

Confidentiality Obligations

Either We, You or Our advertisers may provide each other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party or that is reasonably understood to be proprietary and/or confidential (“Confidential Information”). The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own Confidential Information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party. Confidential Information shall not include (even if designated by a party) information: (i) that is or becomes part of the public domain through no act or omission of the receiving party; (ii) that is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or (iii) that the receiving party had in its possession prior to the date of this Agreement. Upon termination of this Agreement, You must destroy or return to Us any Confidential Information provided to You under this Agreement.

Term, Termination, and Deactivation. This Agreement shall commence upon your registration with the Platform and your indication that you have accepted this Agreement by providing the required information and/or ‘clicking through’ the acceptance button on the Site (or for unregistered users, by upon your initial use of the Site) and shall continue until terminated in accordance with the terms of this Agreement. This Agreement may be terminated by either party with or without prior notice. Your termination shall be deemed effective upon written notice to us that you want to delete your account.
Termination by advertiser. An advertiser may terminate any relationship with You and your participation in any service that you participate in belonging to the advertiser for any or no reason, with or without prior notice, with immediate effect.
Termination or Deactivation by us. We may terminate your use or access to the Platform or Service or Site, access and participation with any Currency programs, participation in an Offer from an advertiser at any time and for any reason at our sole discretion. Breach of any section of this Agreement may be a cause for immediate termination and may result in your forfeiture of any and all eligible payouts, rewards, Currency program benefits (if applicable). We may temporarily deactivate or terminate your account if: (i) You or your agent is responsible for the improper functioning of the Platform or Service or Site, or if you otherwise interfere with and/or fail to maintain your obligations; (ii) your account has not been logged into or no account activity for a period more than 180 days; (iii) we determine that you are diluting, tarnishing or blurring our Platform, Service, Site or our proprietary rights (or that of our partners); (iv) you begin any proceedings to challenge our proprietary rights; or (v) you violate any terms of this Agreement, become insolvent in any way, violate any applicable law or our guidelines including but not limited to, violation of the Prohibited Uses section of this Agreement or other material breach. Upon termination of this Agreement, or in case of deactivation of your account, you shall no longer accrue any benefits or Currency rewards or program participation and any Currency rewards in your account may be invalidated.
Termination of advertiser Offers. Advertisers Offers may be discontinued at any time.
Post-termination. Upon termination of this Agreement, you must immediately remove all links, Site access, Platform or Service copies, Media, software or other content of advertisers. Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party’s rights under this Agreement that accrued prior to termination. In addition, unless otherwise requested, during the term and after termination, We reserve the right to contact you by email regarding news, newsletter, marketing materials, developments or other product related information and offers.
Changes to the Platform or Service. We reserve the right to add to, change, suspend or discontinue any aspect of the Platform or Service or Site at any time. We bear no liability for any change to the Platform or Service or Site or your reliance upon any aspect of the Platform or Service or Site or any Media thereof or any Currency earned or accrued that may become unavailable to you in the event of any change to such Platform or Service functionality (in whole or in part). In the event of any material change, we will use reasonable efforts to notify You of the change and at such time, You may either agree to such changes or withdraw from the Platform or Service or Site. Your continued use of the Service or Site after our notification shall automatically be determined as your approval of any such changes in accordance with the terms set forth herein.

  • Representations, Warranties, Disclaimers and Limitations
    Use of Links.  You represent and warrant that all material content you submit to the Service or Site (such as, but not limited to, posts, articles, information, links to other media) will not contain Prohibited Material Content (including but not limited to content that is misleading, libelous, fraudulent, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities) or other objectionable content, and that You will not mislead others. You further agree to: (i) use ethical and legal business practices in your operation of the Service or Site and (ii) while We use globally recognized content delivery networks and systems for the delivery of the Media, by using the Service, You hereby recognize that delays and such may occur and You shall not hold Us liable for any delay or problems that may occur while using any aspect of the Service.
    Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf.
    Compliance with Laws. You are responsible for compliance with the requirements of all relevant legislation (including subordinate legislation and the rules of statutorily recognized regulatory authorities) in force or applicable in the United States or in any other applicable territory and warrant that none of your activity in the Platform, Service or Site or in connection with the Platform will render Us liable to any proceedings whatsoever.
    Limitation of Liabilities. ANY OBLIGATION OR LIABILITY (AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, IN ACCORDANCE WITH THE TERMS HEREIN) OF OURS (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES) AND PARTNERS SHALL BE LIMITED TO USD$100. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST US (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES) OR OUR PARTNERS TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. WE WILL MAKE REASONABLE COMMERCIAL EFFORTS TO KEEP ITS SERVICE OPERATIONAL DURING NORMAL BUSINESS HOURS. HOWEVER, CERTAIN TECHNICAL DIFFICULTIES MAY, FROM TIME TO TIME, RESULT IN TEMPORARY SERVICE INTERRUPTIONS. WE SHALL NOT BE RESPONSIBLE FOR ANY SYSTEM DOWNTIME. YOU FURTHER AGREE NOT TO HOLD US LIABLE FOR ANY OF THE CONSEQUENCES OF SUCH INTERRUPTIONS.WE SHALL NOT BE RESPONSIBLE FOR THE MEDIA, THE MEDIA CONTENT, ADVERTISER CONTENT, LINKS TO THIRD PARTIES, POSTS, COMMENTS OR ALL OTHER CONTENT IN CONNECTION WITH THE WEBSITE OR SITE OR SERVICE. WE DO NOT CONTROL OR MONITOR ANY OF THE CONTENT CREATED USING ITS SERVICE AND SHALL NOT BE LIABLE, IN ANY CASE, FOR ILLEGAL, INFRINGING OR INAPPROPRIATE CONTENT CREATED.
    Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT OUR SECURITY METHODS WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY (INCLUDING IN THE CONTENT), (E) AGAINST INTERFERENCE WITH ENJOYMENT OF INFORMATION OR WEBSITE OR SITE, OR (F) INTERFERENCE OR DELAY WITH THE FUNCTIONING OF THE WEBSITE OR SITE AS THE RESULT OF YOUR USE OF THE SERVICE, ADVERTISERS PROGRAMS OR MEDIA. OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT THE NATURE OF THE MEDIA CONTENT IS IN THE DIGITAL ASSET INDUSTRY AND WE ARE NOT AND WILL NOT BE HELD LIABLE FOR THE ACCURACY, CORRECTNESS, PREDICTIONS, EXPLANATIONS RELATED TO THE MEDIA AND/OR CONTENT AND THAT ANY ACTIONS TAKEN BY YOU WHETHER BASED ON MEDIA AND/OR CONTENT ACCESSED VIA THE WEBSITE OR SITE OR SERVICE IS DONE BY YOU AND YOUR OWN DISCRETION AND YOU ARE SOLELY LIABLE FOR ALL ACTIONS. WE ARE NOT LIABLE FOR ANY LOSSES THAT MAY INCURRED IN CONNECTION WITH ANY ACTIONS BY YOU EITHER THROUGH THE SERVICE, A THIRD PARTY, AN ADVERTISER, OR ANOTHER METHOD. THE MEDIA, SERVICE, OR SERVICE FEATURES (IN WHOLE OR IN PART) MAY BE AVAILABLE OR REMOVED AT OUR SOLE DISCRETION. WHILE THE MEDIA AND SERVICE IS PROVIDED USING A GLOBALLY RECOGNIZED DELIVERY NETWORK OR THIRD-PARTY PROVIDERS, THE USE OF THE MEDIA OR SERVICE MAY DELAY THE LOADING OR FUNCTIONING OF DEVICE. YOU HEREBY ACKNOWLEDGE THAT WE SHALL NOT BE HOLD LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES) FOR SUCH OR OTHER OCCURRENCES. ALL ‘INFORMATION’ AND ‘COMPUTER PROGRAMS’ PROVIDED TO YOU IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. WE, UNDER NO CIRCUMSTANCES, ARE RESPONSIBLE FOR THE PRACTICES, ACTS OR OMISSIONS OF ANY ADVERTISER, MEDIA CONTRIBUTOR OR AND/OR THE CONTENT OF AN ADVERTISER OR MEDIA CONTRIBUTOR MADE AVAILABLE THROUGH THE SERVICE. WE, FURTHERMORE DO NOT GUARANTEE ANY RESULTS BY YOUR USE OF THE SERVICES OR SITE. WE DO NOT ENDORSE ANY ENTITY, PRODUCT, SERVICE, DIGITAL CURRENCY, ADVERTISER, THIRD-PARTY WEBSITE PRODUCT OR SERVICE MADE AVAILABLE, USED AND/OR TRANSMITTED IN CONNECTION WITH THE SERVICES. THE USE OF ANY SERVICE, CONTENT, MEDIA OR FEATURE UNDER THIS AGREEMENT (AS MAY BE AMENDED) IS AT YOUR OWN RISK.
    No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
    Benefit of the Bargain. THE PROVISIONS OF THIS SECTION 11 ARE AN ESSENTIAL ELEMENT OF THE BENEFIT OF THE BARGAIN REFLECTED IN THIS AGREEMENT.

    • Your Indemnification Obligations

    You shall defend, indemnify and hold Us (including our officers, directors, employees, contractors, partners, parents and subsidiaries) and our Advertisers harmless against all claims, suits, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys’ fees) incurred, claimed or sustained by You or any third party directly or indirectly as a result of (a) Your breach of or non-compliance with this Agreement and/or any Advertiser's program terms, including but not limited to Prohibited Uses and use of Prohibited Material Content, (b) Your violation of any law, or an alleged violation of law by Us, that is a direct or indirect result of Your use of the Service and/or any Advertiser's program, (c) Your use of the Service or Site, (d) Your participation in any Advertiser program, (e) any content, goods or services offered, sold or otherwise made available to You, (f) Your acts or omissions in using, displaying or distributing any internet links or Links obtained from the Service or elsewhere, (g) any claim that We are obligated to pay tax obligations in connection with any payment made to You pursuant to this Agreement and/or Currency related activity, or payment for any use of any of Your Media content and (h) any violation or alleged violation by You of any rights of another, including breach of a person’s or entity’s intellectual property rights (each (a)-(h) individually is referred to hereinafter as a “Claim”). Should any Claim give rise to a duty of indemnification under this Section ‎12, We shall promptly notify You, and We shall be entitled, at our own expense, and upon reasonable notice to You, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of Your obligations to indemnify or hold Us harmless. You shall not settle any Claim without Our prior written consent. You also shall indemnify for any reasonable attorneys’ fees or other costs incurred by an indemnified party in investigating or enforcing this Section ‎12. The term Us (or We, as used throughout these Section 12  or throughout these Terms, shall include our officers, directors, employees, subsidiaries, parents, agents, partners, shareholders, and subcontractors).

    You further agree to indemnify Us against any claims by any Advertiser, partner, agency, network, user or other third party that Our Media violated the accepted use of such by posting them on any non-approved website or site or Site that contains Prohibited Material Content. You further agree that failure to abide by this or any other clause of these terms may result in the termination of Your use of the Service.

    Miscellaneous

    1. Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.Third-Party Disputes. In the event of a third-party claim against either: (a) Our intellectual property; or (b) Our right to offer any service or good made available on the Site or Service or if, in Our sole opinion, such a claim is likely, We shall have the right, at its sole option and in its sole discretion, to (i) secure the right at Our expense to continue using the intellectual property or good or service; or (ii) at Our expense replace or modify the same to make it non-infringing or without misappropriation.Relationships of Parties/Third Party Rights. The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint venturers or partners with each other or employees or employers. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractors. You agree that Your consent is not necessary to modify any Advertiser Service Agreement.Provision of Info to Advertisers/Third Parties. You agree that We may, but are not obligated to, provide Your email address(es) and basic Account detail (including but not limited to Your address, phone and fax number, email or other details) to Advertisers. We may provide any and all data, at Our sole discretion, including but not limited to all regulatory, legislative and judicial bodies, and pursuant to allegations and claims of proprietary rights infringement.Non-circumvention.You explicitly agree to withhold completely from entering into a business relation with or from approaching any of our Advertisers, content providers, content writers either directly or through third parties to offer a similar or related business of Ours while a user and for 12 months after termination.Any direct or indirect business relations between You and Our Advertiser, content provider (current or future) will require Our prior written consent.This also extends to any other companies founded, in whole or in part held, controlled or administered directly or indirectly by You, as long as You are able to prevent such actions against Our interests.You are personally responsible to follow this commitment and must not use any means to circumvent his obligation.
    2. Breach of this clause will result in a contractual penalty to be determined by an independent court in Our residential country and should not be less than twice the financial loss caused through this unauthorized action with a minimum fee of 100,000 USD.An obligation to reimburse damages will thereby not be excluded.In case You can prove that you had a business relationship with Our Advertiser or content provider prior to your registration, then this clause should not be enforced.Choice of Law/Attorneys’ Fees. This Agreement is governed by the laws of the State of Israel, except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts, and, to the extent that federal courts have exclusive jurisdiction, in Tel-Aviv. The parties consent to such venue and jurisdiction and waive any right to a trial by jury. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs.Force Majeure. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.Severability/Waiver. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, Your consent shall not be required for assignment or transfer made by Us (1) due to operation of law, or (2) to an entity that acquires substantially all of Our stock, assets or business, or (3) to a related entity (e.g. parent or subsidiary of parent).Except as provided elsewhere herein, both parties must send all notices relating to this Agreement to: (i) to Us, via registered mail, return receipt requested or via an internationally recognized express mail carrier to 3 Golda Meir St, Ness Ziona, 7403648, Israel (attention: Edge) (effective upon actual receipt); and, (ii) for You, at the email or physical address listed on Your Account (effective upon sending as long as We does not receive an error message regarding delivery of the notice).Entire Agreement and Amendment. This Agreement, including the Introduction, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement. This Agreement may only be altered, amended or modified by an instrument that is assented to Us by verifiable means, including without limitation by written instrument signed by the parties or through a “click through” acknowledgement or by Your continued use of the Service after We have posted or sent an email or notice regarding the updated terms. Notwithstanding the foregoing, We shall have the right to change, modify or amend (“Change”) this Agreement, in whole or in part, by posting a revised Agreement at least 14 days prior to the effective date of such Change. Your continued use of the Network Service after the effective date of such amendment shall thereby confirm your acceptance of the Change.
    3. Glossary

    The following terms used in this Agreement shall have the meaning as defined below:

    "Account" – A registered user account on the Service or Site, which includes such user contact information, sites used, preferences, and other information details.

    "Ad Content" - all Advertiser Links and Advertiser's Media.

    "Us" - the entity as set forth in the Agreement (Intelledger Labs Ltd.), including its direct and indirect subsidiaries, parent companies, or related companies.

    "Advertiser" – any entity which holds website, website content, media file or other third-party media outlet.

    "Advertiser’s URL" - landing page, registration page, or other content page as determined by the Advertiser.

    "Content" - content made available by the website, Site or the Service.

    "Link" - an internet connection using the Service and the Service components.

    "Marketing Program" or "Program" – a Program that We facilitate as a service provider by providing Services via the internet. A Marketing Program is where a person, entity, Publisher, or its agent, operating or managing website(s) and/or other promotional methods to drive traffic to another’s website, website content, media file, mobile/tablet device or application, or other third-party media outlet.

    "Media" - a banner, image, rich-media file, text content, audio, video, article or other approved media file offered by the Service.

    "Prohibited Material Content" – as detailed in section ‎3.e.

    "Prohibited Use" - as detailed in section ‎5.

    "Program" – see "Marketing Program".

    "Services" – Any service or Site provided via Our Platform (desktop, mobile or other device enabled) material and/or content and/or service.

    "Site" – Refers to any website or mobile application made available under the Storms AI brand name using Our Platform or other Service or technology.

    "User" or "You" – any entity or individual signing this Agreement or participating in the Service or Site.