Your use of the Tempesta Media (“we or “us”) website (the “Web Site”) and any related services are subject to the following Terms of Use Agreement (“Agreement”). By using the Web Site and any related services, you agree to be bound by these Terms. If you do not agree to the terms of this Agreement, immediately stop using the Web Site.
By using the Web Site, you acknowledge and agree to the following:
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. We reserve the right to update these Terms at any time without notice. Such modifications will become effective immediately upon posting to the Web Site. You must review these Terms on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: TempestaMedia.com/terms-of-use.
We provide you with access to a variety of resources including general information, writing assignments, 3rd party tools, writing platform technology, content, research tools, domain optimization, web site creation, domain buyer tools, downloads, etc. and other services (all, the “Platform Services”). The Platform Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms.
If you are a copyright owner or an agent and believe that any content on the Web Site, whether provided by third parties or otherwise, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement can be reached at:
Legal@tempestamedia.com
or
Attention: Copyright Agent
Tempesta Media, LLC
P.O. Box 8816
303 Washington Street,
Michigan City, IN 46360 USA
If you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
We have established a Privacy Policy to explain to you how your information is collected and used, which is located at the following web site address:
https://tempestamedia.com/privacy-policy
Your use of the Web Site or the Platform Services signifies acknowledgment of, and agreement to, our Privacy Policy.
YOU AGREE THAT USE OF THE WEB SITE AND THE PLATFORM SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEB SITE AND THE PLATFORM SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, TO THE FULLEST EXTENT PERMITTED BY LAW.
WE DISCLAIM ANY WARRANTIES, INCLUDING FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEB SITE AND THE PLATFORM SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE, OR ACCESSED THROUGH ANY LINKS ON THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEB SITE OR THE PLATFORM SERVICES.
IN PROVIDING CERTAIN PLATFORM SERVICES, THE WEB SITE MAY SUPPLY PREDICTIONS REGARDING THE AFFECTS OF USING THE PLATFORM SERVICES, THESE PREDICTIONS ARE ESTIMATES ONLY AND WE WILL HAVE NO LIABILITY FOR ANY VARIATIONS BETWEEN SUCH PREDICTIONS AND ANY ACTUAL OUTCOMES, INCLUDING, BUT NOT LIMITED TO, PREDICTIONS OF REVENUES THAT MAY BE GENERATED BY THE CREATION OF A WEBSITE OR THE USES OF OTHER TOOLS ON THE WEB SITE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
We may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, content or Platform Services. We may also impose limits on certain features and Platform Services or restrict your access to parts or all of the Web Site without notice.
You will indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content and/or your use of the Web Site, the Platform Services, your violation of these Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another.
Links to other web sites do not imply an endorsement of the materials disseminated at those web sites, nor does the existence of a link to another site imply that the organisation or person publishing at that site endorses any of the materials at this site. We provide links to other websites as a convenience to its users. We are not responsible for the materials contained at any web site linked to the Web Site.
As a condition of your use of the Platform Services and the Web Site, you will not use the Platform Services or the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Platform Services or the Web Site in any manner that could damage, disable, overburden, or impair any the Web Site, or interfere with any other party’s use and enjoyment of the Platform Services or the Web Site. You may not attempt to gain unauthorised access to any Platform Services or the Web Site, computer systems or networks connected to any of our servers or to any of the Platform Services or the Web Site, through hacking, password mining or any other means. You will not attempt to artificially generate visitors to your content, or artificially manipulate any part of the Web Site. You may not attempt to artificially increase your earnings. You may not solicit our customers or other writers. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform Services or the Web Site.
You will obey any applicable local, state, and/or federal laws pertaining to their Internet access and use of the Platform Services or the Web Site. You agree not to use the Platform Services or the Web Site to conduct any activity, which may violate these laws. Use of the Platform Services and the Web Site includes, but is not limited to: Web, FTP, Internet Relay Chat (IRC), Gopher, Email, and any other medium through which our servers are used for the storing, distribution, and/or transmission of content or material. You may be held legally liable for content and material located on their sites, including but not limited to: copyrighted, trademarked, patented, or other material used without the permission of the intellectual property rights holder; trade secret; pornography; obscene and/or defamatory content. You agree not to violate any intellectual property rights, including uploading or downloading commercial software, code, images, text or any other content.
We are a private company and reserve the right to limit and/or prohibit any content or material we deem inappropriate as part of these Terms. We reserve the right to monitor any and all communication and activity, which occurs through or on our servers to ensure adherence to these Terms. We reserve the right to prohibit, remove, and/or block access to any pages, which primarily contain hyperlinks to content or material deemed inappropriate by us, in our sole discretion. We reserve the right to prohibit, remove, and/or block access to any pages, which primarily contain content or material that promotes or induces illegal activity.
We reserve the right to limit FTP transfers and/or downloads to 100MB per day (this limitation may be varied as appropriate). If you exceed this amount, you may be investigated for illegal activity and subject to suspension and/or termination of your account. We reserve the right to prohibit and/or block access to any usenet newsgroup or proxy web site, at any time for any reason, including those which contain content or material in violation of the terms in these Terms. We reserve the right to prohibit and/or block access to any IRC channel, at any time for any reason, including those that contain content or material in violation of the terms in these Terms. Please report any violations of these terms to support@tempestamedia.com. In the event that we receive a complaint, we will investigate the complaint and, in our sole discretion, may suspend or terminate the account(s) involved and/or may remove the material from its servers. You will be notified, by email, within three (3) days of this proceeding. If you believe your activities may have been misclassified, you may petition us for renewal of your account. We reserve the right to release your information to comply with an investigation into any activity that violates these terms, and may report such activity to the appropriate authorities.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Web Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Web Site – there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
The Platform Services may contain forums, support, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular Platform Service. By way of example, and not as a limitation, you will not:
Use the Platform Services in connection with pyramid schemes, junk email or spamming (commercial or otherwise).
Advertise or offer to sell or buy any goods or services other than those specifically provided by us.
Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Use any material or information, including images or photographs in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Provide links to files that contain viruses or any other software or programs that may damage the operation of another’s computer or property of another.
Download any file posted by another user of a Platform Service or the Web Site that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Platform Services. Violate any code of conduct or other guidelines, which may be applicable for any particular Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
We reserve the right to terminate your access to any or all of the Platform Services at any time, without notice, for any reason whatsoever.
The Platform Services may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Platform Services and may take the form of bug fixes, enhanced functions, new modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of the Platform Services.
Some of the Platform Services and the Web Sites are supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of advertising by us on the Web Site are subject to change without notice.
In consideration for our granting you access to and use of the Platform Services and the Web Site, you agree that we may place such advertising on the Web Site.
If any of the Platform Services or the Web Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account. You could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Some of the Platform Services require you to pay a fee, as described where those Platform Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. You also are responsible for any fees or charges incurred to access through an Internet access provider or other third-party service. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOU BY A THIRD PARTY, WHICH WERE NOT AUTHORISED BY YOU.
TEMPESTA MEDIA, PROVA, VOICE PROFILE, SIMPLE SOCIAL SHARE, ARTICLE DOCUMENT, ANALYTICLAB, COREFORM, BULLSEYE EFFECT, CHIKOKA and MAXIMISING DOMAIN VALUE are service marks of Tempesta Media, and you may not use them. TempestaMedia.com, ArticleDocument.com, tempestamedia.com, PortalStats.com, ContentQuotes.com and all Content not produced for customers are copyrighted and owned by Tempesta Media, LLC.
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
These Terms will be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. These Terms, together with the Privacy Policy and any other legal notices published on the Web Site, will constitute the entire agreement between you and us concerning the Web Site. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and your failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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