TERMS AND CONDITIONS
These terms and conditions of use (“Terms and Conditions”) are a legal agreement between the person or entity who is purchasing or using the Social Storm Service (“You”, “Your”, or “Customer(s)”) and Social Storm LLC (“Social Storm”, “Us”, or “We”).
These Terms and Conditions govern our respective rights and obligations with respect to Your use of the Social Storm services (the “Service”). By clicking the acceptance button or using the Service You are agreeing to be bound by all of these Terms and Conditions.
1. Fees, Payments and Taxes.
The fees for purchase or use of the Service are those fees that You agreed to pay during the order process (“Fees”). Full terms and conditions relating to the payment of all Fees, general billing, billing cycles, late fees, other fees, payment methods and billing/service disputes are governed by the Social Storm Billing Policy which is published at: http://getsocialstorm.com/billing-policy/. Acceptance of these Terms and Conditions is deemed acceptance of the Social Storm Billing Policy.
The Fees will be billed to Your credit card that You provided during the order process. You hereby authorize Social Storm (or its designee) to charge the applicable Fees to Your credit card on a recurring basis. You are responsible for all sales, excise, VAT and all other taxes (other than taxes on Social Storm’s net income) associated with Your use of the Service. Social Storm may increase the Fees (and bill Your credit card for such increased Fees) at any time and from time to time upon thirty (30) days prior notice to the Customer. Any Fee increases will become effective at the beginning of the next month or year, as applicable, as long as You do not opt to terminate the agreement.
These Terms and Conditions shall become effective upon Your agreement to the provisions hereof by clicking a box indicating Your acceptance or by executing an order form that references these Terms and Conditions and shall remain effective until terminated.
Either party may terminate this agreement at any time for any reason upon thirty (30) days prior written notice to the other party. Customer’s notice of termination must be provided via email to firstname.lastname@example.org. Verbal requests to terminate do not constitute acceptance of any termination.
In the event of termination, the Customer will continue to receive and pay for Service for an additional thirty (30) days and any unused portion of the Service paid for will be refunded to the Customer pro rated and subject to the following: Customers who purchased the annual plan and cancel before the end of the term will be refunded an amount assessed by what they would have paid for the Service received had they purchased the monthly plan. All sales of one-time payment services including but not limited to Social Media Review, Social Presence and New Customer Acquisition Website are final and no refunds will be made.
5. Ownership of Digital Media
Ownership of all Digital Media created by Social Storm on behalf of the Customer is only passed to the Customer upon full payment of all outstanding monies owed. Digital Media includes but is not limited to: social media accounts, profiles, pages, posts, tweets, blogs, blog posts, websites & graphic design elements. Imagery provided via photo image libraries remains the property of the copyright holder and is licensed to the Customer under the licensing terms and conditions specified by the respective photo image library. Customers may not reuse or resell said photos and/or images for other purposes. Upon cancellation of Service the hosting and support of any websites hosted for the Customer will be charged at a rate of $19.95 per month per website. If the Customer requires an export of the website content in order to host the website with another hosting provider, a one-time export fee of $99 will apply.
6. Availability of Service.
Social Storm’s hours of operation are Monday through Friday 9am-5pm Pacific Standard Time. We are closed on public and national holidays. Customers who email their Social Storm Account Manager with their own updates that they require Social Storm to publish to their social media accounts will be processed by the end of the business day following receipt.
7. Relationship of Parties.
In performing any and/or all of our respective obligations under this agreement, Social Storm and Customer shall each operate as and have the status of being an independent contractor of the other party, and neither party shall act as or be an agent or employee of the other party.
Customer will defend, indemnify and hold harmless Social Storm and its subsidiaries, licensors and affiliates (and their respective officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys’ fees and costs) arising from or relating to use of the Service.
9. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SERVICE AND ANY ADVICE, SUPPORT OR SUGGESTIONS ARE ALL PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY OF ERROR FREE APPLICATION OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOCIAL STORM DOES NOT WARRANT THE USE, RESULTS OR PERFORMANCE OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVER THAT MAKES THE SERVICE AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability.
NEITHER SOCIAL STORM NOR ANY PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OPERATION OR SUPPORT OF THE SERVICE SHALL BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, PRODUCT LIABILITY OR OTHER CAUSE OF ACTION) TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, BUSINESS INTERRUPTION FOR ANY REASON, LOSS OF BUSINESS INFORMATION OR DATA, INJURY TO REPUTATION, PERSONAL INJURY (WHETHER PHYSICAL OR MENTAL OR BOTH), GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR VIOLATION OF ANY APPLICABLE PRIVACY LAWS ARISING OUT OF (I) THE USE, MISUSE, OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (V) TERMINATION OF ANY OF CUSTOMER’S SOCIAL MEDIA ACCOUNTS; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE OR USE THEREOF, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOCIAL STORM’S ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SOCIAL STORM UNDER THESE TERMS AND CONDITIONS DURING A SINGLE BILLING CYCLE.
11.1. Governing Law.
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Nevada, USA.
Customer hereby consents to the exclusive jurisdiction and venue of the courts of the State of Nevada, USA in connection with all disputes arising out of or relating to these Terms and Conditions.
In the event that any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
11.4 Entire Agreement.
Social Storm reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on Your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms and Conditions. Customer’s continued use of the Service will be deemed acceptance thereof.
The provisions of these Terms and Conditions shall be interpreted and construed in accordance with their fair meanings, and not strictly for or against any party, regardless of which party may have drafted these Terms and Conditions or any specific provision of these Terms and Conditions.
The waiver of any provision of these Terms and Conditions shall not be effective unless in writing and signed by the party against which it is sought to be enforced. The failure of any party to insist, in any one or more instances, upon performance of any of these Terms or Conditions shall not be construed as a waiver of future performance of any terms, covenants or conditions of this agreement, and the obligations of each party with respect thereto shall continue in full force and effect.
11.7 Assignment; Binding Nature.
These Terms and Conditions shall be binding upon the parties and their successors and permitted assigns. Customer may not assign this agreement, or any portion thereof to any third party without Social Storm’s express prior written consent. Social Storm may assign this agreement and all of its rights and obligations hereunder to any affiliate or to any successor to Social Storm’s business.
11.8 Export Compliance.
The Service and any other technology and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Customer shall not permit use of the Service in a U.S. embargoed country or in violation of any U.S. export law or regulation.