Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (such site, together with any related website, microsites or portions thereof, and any music or video services, mobile services, and/or any other content or applications found therein collectively referred to herein as the “Site”), which is operated by [Thunder Agency, LLC] (“Company”). All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site.
You are voluntarily choosing to use the Site because you want to view, read and/or hear the various materials which are available or temporarily available, for your own personal enjoyment, information and/or education.
You represent and warrant that you have not and will not use and/or view the Site in a restricted location – namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Company shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, Company reserves the right to terminate access to the Site for any reason and to take any other actions that Company, in its sole discretion, believes to be in the interest of Company and its users as a whole.
RESTRICTIONS ON USE
This Site is for the personal use of users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Site for any purpose.
Any illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress and/or termination of use at Company’s sole discretion. Without in any way limiting any of the foregoing, you agree not to do any of the following in connection with your use of the Site:
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Site; interfere with, disable, interrupt, damage, or otherwise impermissibly access Company’s servers, networks, or accounts;
- Cover, remove, disable, block or obscure advertisements of other portions of the Site;
- Use the Site in a manner inconsistent with any and all applicable law.
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Company. The collective work includes works that are licensed to Company. Permission is only granted to electronically copy and print hard copy portions of this Site for the sole purpose of your own non-commercial use or otherwise as expressly permitted by the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Company. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names of Company used in the Site are trademarks or registered trademarks of Company.
The Site and the materials and products on the Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Company does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Company does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In no way does your use of the site, or reliance on any information or materials contained on the site create a fiduciary or other similar relationship between you and Company.
LIMITATION OF LIABILITY
Company 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 Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid to us, if any, for use of the Site.
COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE.
TERM AND TERMINATION
These terms and conditions are applicable to you upon your accessing the Site. These terms and conditions, or any part of them, may be terminated by Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Dispute Resolution shall survive any termination.
Company may deliver notice to users of the Site by means of a general notice on the site.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms and conditions or any activity related to your use of the Site.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
These Terms and Conditions shall be governed by and construed in accordance with, and all legal issues arising from or related to either party’s use of, or participation in the Site or materials shall be determined by the laws of the United States and the State of California without regard to that State’s conflict-of-law provisions. The State and federal courts of California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions or the subject matter hereof. You consent to personal jurisdiction and venue in the appropriate court in California.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Company may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the State of California, in the event Company believes that there is a violation or threatened violation of any intellectual property rights of Company or of any third party, and you hereby consent to the exclusive jurisdiction and venue of such courts.
If any portion of these Terms and Conditions are deemed to be invalid, prohibited or unenforceable in any jurisdiction for any reason unless narrowed by construction, such term or condition shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable term or condition had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such term or condition enforceable in such jurisdiction, and such term or condition shall then be applicable in such modified form). If, notwithstanding the foregoing, any such term or condition would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such term or condition, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining Terms and Conditions. No narrowed construction, court-modification or invalidation of any term or condition shall affect the construction, validity or enforceability of such term or condition in any other jurisdiction.
No waiver by Company of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and Company’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.