Terms of service.
Overview
stormDMCA ("we", "us", "our") provides retained DMCA representation and copyright-enforcement services through stormdmca.com (the "Site") and any associated tools and platforms (collectively, the "Service"). By visiting the Site, requesting a free analysis, or engaging us for paid services, you agree to be bound by these Terms of Service ("Terms"), including any additional terms and policies referenced herein or made available by hyperlink.
These Terms apply to all users of the Site — including, without limitation, visitors, prospects, clients, and contributors of content. Please read them carefully. If you do not agree to all of these Terms, you may not access the Site or use the Service.
We may update these Terms by posting changes to this page. The "Last updated" date at the top of this page indicates when these Terms were last revised. Your continued use of the Site or Service after we post any changes constitutes acceptance of those changes. You are responsible for reviewing this page periodically.
1. Eligibility & service terms
By accepting these Terms you represent and warrant that:
- you are at least 18 years old, and at or above the age of majority in your jurisdiction of residence;
- you have the legal capacity to enter into a binding agreement, and — if engaging us on behalf of an entity — you have authority to bind that entity;
- you are the rightful owner of, or have full authorisation to enforce the copyright in, any content or material you ask us to protect or act upon;
- you will not use the Service for any unlawful or unauthorised purpose, nor in violation of any law in your or any applicable jurisdiction (including but not limited to copyright, privacy, and consumer-protection law).
You must not transmit any worm, virus, or any code of a destructive nature. Any breach or violation of these Terms will result in the immediate termination of the Service.
2. General conditions
We reserve the right to refuse the Service to anyone, for any reason, at any time.
You understand that data submitted via the Site (excluding payment information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) changes to conform to the technical requirements of connecting networks or devices. Payment information is always encrypted in transit.
You agree not to reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Service, the Site, or any content available through them, without our prior written consent.
The headings used in these Terms are for convenience only and do not limit or otherwise affect interpretation.
3. Accuracy, completeness and timeliness of information
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the contents of the Site at any time, but have no obligation to update any information.
4. Modifications to the service & pricing
Pricing for our services is subject to change without notice.
We reserve the right at any time to modify, suspend, or discontinue the Service (or any part or content of it) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
5. Service availability
Certain services may be available exclusively online through the Site. We reserve the right (but are not obligated) to limit the availability of the Service to any person, geographic region, or jurisdiction, on a case-by-case basis. We reserve the right to limit any service we offer and to discontinue any service at any time. Any offer for any service made on the Site is void where prohibited.
We do not warrant that the quality of any service, information, or other material obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Engagement & account information
We reserve the right to refuse or cancel any engagement request you place with us. We may, at our sole discretion, limit or cancel engagements per person, account, or payment method. In the event we modify or cancel an engagement, we may attempt to notify you using the email and/or contact details provided at the time of submission. We reserve the right to limit or prohibit engagements that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate information for all engagements, and to update your account and other information promptly so that we can complete and conduct your engagement and contact you as needed.
7. Optional & third-party tools
We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by their respective third-party providers.
We may, in the future, offer new services and/or features through the Site. Such new services or features shall also be subject to these Terms.
8. Third-party links
Certain content, products, and services available via the Service may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with any third-party website. Please review the third party's policies and practices carefully before engaging in any transaction. Complaints, claims, or questions regarding third-party products or services should be directed to that third party.
9. User comments, feedback & other submissions
If, at our request, you send specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials — whether online, by email, by postal mail, or otherwise (collectively, "comments") — you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
You agree that your comments will not violate any right of any third party — including copyright, trademark, privacy, personality, or other personal or proprietary right — and will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10. Personal information
Your submission of personal information through the Site is governed by our Privacy Policy.
11. Errors, inaccuracies & omissions
Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies, or omissions — for example relating to service descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel engagements if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your request).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website — including, without limitation, pricing information — except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
12. Prohibited uses
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content:
- (a) for any unlawful purpose;
- (b) to solicit others to perform or participate in any unlawful acts;
- (c) to violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance;
- (d) to infringe upon or violate our intellectual-property rights or the intellectual-property rights of others;
- (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet;
- (h) to collect or track the personal information of others;
- (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- (j) for any obscene or immoral purpose;
- (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of these prohibitions.
13. Indemnification
You agree to indemnify, defend, and hold harmless stormDMCA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand — including reasonable attorneys' fees — made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
14. Severability
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
15. Liability & limitation
15.1 stormDMCA cannot be obliged to compensate any damage directly or indirectly caused by:
- (a) an event beyond the actual control of stormDMCA, which therefore cannot be attributed to its acts and/or omissions;
- (b) any acts or omissions on the part of the Customer, its subordinates, or other persons engaged by or on behalf of the Customer to perform work.
15.2 stormDMCA is not liable for any damage of whatever kind that is caused because stormDMCA has acted on the basis of incorrect and/or incomplete information provided by the Customer.
15.3 stormDMCA is not liable for any damage of whatever kind that is caused by third parties in regards to content removal or social-profile actions.
15.4 stormDMCA does not guarantee that the Site will perform without malfunction or be accessible at all times. The Customer acknowledges that access to the Site may be interrupted as a result of various reasons. stormDMCA is not liable for damage resulting from the temporary unavailability of its Site.
15.5 stormDMCA makes commercially reasonable efforts to secure its systems and Site against unauthorised use and the loss of any data entered. It is impossible to fully prevent any unauthorised use or any unwanted loss of information. stormDMCA does not accept any liability if, in spite of the measures taken, entered data are affected, lost, or accessed by unauthorised persons.
15.6 stormDMCA can never be held liable for any damage caused to the Customer because third parties infringe the (intellectual-property) rights of the Customer, or because third parties damage the (online) reputation of the Customer.
15.7 stormDMCA is not liable for distortion or loss of data due to transfer of data by means of telecommunication facilities.
15.8 In no case shall stormDMCA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise — arising from your use of any of the Service or any service procured using the Service, or for any other claim related in any way to your use of the Service or any service, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or service) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
15.9stormDMCA cannot be held liable by the Customer in case the results produced by the Services performed by stormDMCA do not meet the Customer's expectations.
15.10 Any liability on the part of stormDMCA for indirect damage — including consequential damage, loss of turnover, loss of savings, damage due to business interruption, delay, damage to reputation, or any imposed penalty — is excluded.
15.11 Where stormDMCA would be liable for any damage, the liability of stormDMCA shall be limited to the amount of the payment made by the insurer of stormDMCA. Where the insurer does not pay or the damage is not covered by the insurance, the liability of stormDMCA shall be limited to the invoice amount — i.e. that part of the invoice amount to which the liability applies. For continuing-performance agreements, the liability shall be limited to the amount the Customer is required to pay to stormDMCA for Services during one (1) month.
15.12 Any claim or other right of the Customer, for whatever reason, against stormDMCA shall expire one (1) year from the point in time at which the circumstance giving rise to the claim occurred.
15.13 If the Customer fails — whether altogether, in a timely manner, or duly — to comply with its contractual or legal obligations, or commits any tort against stormDMCA, the Customer shall be obliged to compensate any and all damage caused to stormDMCA as a result.
16. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or by ceasing all use of the Site.
If, in our sole judgment, you fail or are suspected to have failed to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may accordingly deny you access to the Service (or any part of it).
17. Entire agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms — together with any policies or operating rules posted by us on the Site or in respect of the Service — constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
18. Authorisation to act
By accepting these Terms and engaging us for paid services, you authorise stormDMCA and our agents to act on your behalf for the purposes of DMCA notices, takedown requests, and related copyright-enforcement processes for as long as your engagement is active. You grant us the limited rights to your content necessary to file copyright notices on your behalf.
You may revoke this authorisation at any time in writing; revocation takes effect when received by us. Notices and takedown processes already initiated prior to revocation may run to completion.
19. Force majeure
stormDMCA is not obliged to fulfil any obligation if prevented from doing so by Force Majeure.
Force Majeure shall include (without limitation) malfunctions of connections of and to the Internet, virus infection or computer intrusion by third parties, disruption in supply of energy or materials, weather conditions, natural catastrophes, strike, theft, illness of the natural person performing the agreement on behalf of stormDMCA, and measures taken by the authorities. Force Majeure shall also include any incident or circumstance due to which performance by stormDMCA would become so arduous and/or expensive — compared to the circumstances at the time the agreement was concluded — that, in the opinion of stormDMCA, performance cannot be reasonably expected.
If Force Majeure is temporary, stormDMCA reserves the right to suspend performance of the agreement until the circumstance that constitutes Force Majeure is no longer present. stormDMCA reserves the right to demand payment for any Services performed during the agreement before the Force Majeure event occurred.
20. Governing law & jurisdiction
These Terms and any separate agreement under which we provide you the Service shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict-of-laws provisions. Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts of Italy.
21. Changes to these terms
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check this page periodically. Your continued use of or access to the Site or the Service following the posting of any changes constitutes acceptance of those changes.
22. Contact information
Questions about these Terms should be sent to contact@stormdmca.com.