Terms of Use
Stormcast Cinema LLC ("Stormcast Cinema", "we", "our" or "us") provides an online video service offering a selection of movies, videos, television shows and other content (the "Content") through several websites and apps which are collectively defined as "The Platform". These Terms and Conditions of Use (Terms of Use) govern the use of The Platform and all content available through it. By using this site you agree to these Terms of Use as updated from time to time. It is your responsibility to check these Terms of Use periodically for changes. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT USE THIS WEBSITE.
These Terms of Use apply to all visitors to The Platform. The Platform may contain links to independent third-party websites. These sites are not under our control and the Stormcast Cinema is neither responsible for, nor endorses or monitors the content on those websites. We encourage you to be aware of this when you follow links to such third-party websites and to make your own judgement regarding the content and policies of those websites.
Access to The Platform
Stormcast Cinema
hereby grants you permission to use The Platform as set forth in
these Terms of Service provided that: (1) Your use of The Platform is
solely for your own personal, non-commercial use; (2) That you will
not copy, sell, broadcast or distribute any part of The Platform or
its associated content in any medium without our prior written
authorization; (3) You acknowledge that you will otherwise comply
with the terms and conditions of these Terms of Service; (4) That
you have read and understood The Platform Privacy Policy and agree that Stormcast
Cinema may gather and use information as set forth in that policy.
You may not use any automated system, including without limitation,
"robots", "scrapers", "spiders" or any other such process to copy or
acquire any portion of the site or its content or to circumvent the
public presentation of the site in an attempt to obtain content or
materials from The Platform. Notwithstanding the foregoing, public
search engines may use spiders to copy materials from the site for
the sole purpose of creating publicly available searchable indices
of the materials.
Intellectual
Property
Content on The Platform, including without
limitation the text, software, images, photos, videos, "look & feel"
and the trademarks and logos contained therein are owned by or used
under license to Stormcast Cinema, subject to copyright and other
intellectual property rights under United States and international
laws and treaties. Content on The Platform is provided to you AS IS
for your information and personal use only and may not be used,
copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective
owners. Stormcast Cinema reserves all rights not expressly granted
in and to The Platform and the Content. You agree not to circumvent,
disable or otherwise interfere with security related features of the
website or features that prevent or restrict use or copying of any
Content or enforce limitations on the use of The Platform.
Trademarks
You may not use any of
our registered or unregistered trademarks without our prior written
consent, except where you are using the marks to correctly describe
or refer to our goods or services. In particular, you must not use
any of our registered or unregistered trademarks: (1) in or as the
whole or part of, your own trademarks; (2) in connection with
activities, products or services that are not ours; (3) in a manner
that may be confusing, misleading or deceptive; (4) in a manner that
disparages us, our information, products or services (including this
Website) or tarnishes our reputation.
Use of third-party software
Third-party
software may be required for using Services offered by The Platform
(video players, etc). The Client is fully responsible for obtaining
and using any such software as well as for any expenses related to
the use of the Site (internet traffic, software etc.). With regards
to quality of the Client's internet connection, The Platform is not
responsible for third-party service providers and therefore denies
all responsibility for any financial losses or damage caused by the
Internet connection or Internet provider problems.
Disclaimers
STORMCAST CINEMA DOES
NOT PROMISE THAT The Platform, ITS CONTENT, SERVICES OR ANY FEATURE OF
THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL
BE CORRECTED. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS"
BASIS, AS IS AVAILABLE. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT
TO CHANGE WITHOUT NOTICE. STORMCAST CINEMA MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. STORMCAST
CINEMA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND
CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE
OF THE SITE AND/OR ANY WEBSITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST
STORMCAST CINEMA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO
STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A
PART OF THE BARGAIN BETWEEN THE PARTIES.
Indemnity
You agree to defend, indemnify and
hold harmless Stormcast Cinema, its officers, directors, employees and
agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from: (1) your use of and access to
The Platform; (2) your violation of any term of these Terms of Service;
(3) your violation of any third-party right, including without
limitation any copyright, property, or privacy right. This defense and
indemnification obligation will survive these Terms of Service and your
use of The Platform. Stormcast Cinema may immediately terminate this
Agreement at its sole discretion at any time.
Acceptability of Terms of Service
You hereby
affirm that you are either: (1) over 18 years of age; (2) an emancipated
minor; (3) possess legal parental or guardian consent; and and are fully
able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms
of Service, and to abide by and comply with these Terms of Service. In
any case, you do hereby affirm that you are over the age of 13 and if
you are not then you must leave The Platform immediately.
Severance
If any of the provisions of these
Terms of Use are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary and replaced with
a valid provision that best embodies the intent of these Terms of Use,
so that these Terms of Use shall remain in full force and effect.
Governing law and jurisdiction
You
agree that: (1) Stormcast Cinema shall be deemed solely based in
California, USA; and (2) The Platform shall be deemed a passive website that
does not give rise to personal jurisdiction over Stormcast Cinema,
either specific or general, in jurisdictions other than California, USA.
These Terms of Service shall be governed by the internal substantive
laws of the State of California, USA, without respect to its conflict of
laws principles.