Last Updated June 1st, 2021
Welcome to Stormstrike and the Stormstrike family of websites. These Terms of Service (the “Terms”) govern your access and the use of the following websites and applications:
We refer to these websites together as “Services.” These Terms are a legally binding agreement between you and Stormstrike, Inc. (“Company”). Read this agreement carefully before using the Services.
We may amend these Terms at any time by posting a revised version on the Services and/or sending you notice of the same to the email address associated with your Account, as defined herein. Each revised version will state its effective date, which will be on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
You understand that by using the Services, you are agreeing to be bound by these Terms, including any and all of your warranties and representations contained herein. If you do not accept these Terms in their entirety, you may not access or use the Services. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that event, "you" and "your" will refer and apply to that entity.
These Terms are effective as of August 1, 2019.
2. Children Under 13
By using the Services, you confirm that you are above the age of 13 and are not barred from using the Services under applicable law. If you do not provide us with accurate information, then we may not be able to assist you with accessing your account. The Services are not directed to children under 13 and you may not use the Services or create an Account if you are under 13 years old.
3. Electronic Communication
Each and every time you either use the Services or send an email or other electronic communication to Company, such communication will constitute an electronic communication (“Electronic Communication”). By using the Services, you consent to receive Electronic Communications and you agree that all agreements, notices, disclosures and other communications that Company provides to you via Electronic Communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
To use the Services, “Users” must set up an individual account (“Account”). To create an Account, you must be 18 years old, if you are under 18 years old, you may only create an Account with the permission of your parent or legal guardian. If you are under 13 years old, you may not create an Account and please do not provide us with any information. You may create an Account with a username and email address or by linking the Services to your existing Twitch, Overframe.gg, Microsoft, Steam, Google, or Battle.net or other third party accounts. Each Account, regardless of the type, includes a unique and complex password (“Password”) used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and Password. Such security includes, but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Services and/or where such Password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your Password with any other person or entity. You acknowledge and agree that Company is not responsible for third party access to your Account that results from theft or misappropriation of your Password or other Account credentials. Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.
You may delete your Account at any time by following instructions provided in the Services or by emailing email@example.com.
5. Services Description
The Services provides Users with access to specific game news, User generated guides, gaming content, builds and build guides, gaming tools, and User forums.
6. Payment Terms
Company partners with Stripe to facilitate card payments and other payments related to any purchases made via the Services, including, without limitation, the purchase of Premium Accounts. Payment processing time will vary depending on your location. You will receive a receipt from Stripe confirming payment. If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using Stripe or any other third party payment processor you may be subject to an agreement with these third-party(s). For your reference, Stripe’s Services Agreement is available here. If Company receives notice that your activity violates Stripe’s Services Agreement or any similar agreement between you and Stripe or any other third party payment processor, Company may, in our sole discretion take action against you or your Premium Account to bring you into compliance with such agreements. Such actions may include canceling a transaction, suspending your Account privileges and/or removing certain payment methods. Payments are nonrefundable.
7. Company Disclaimer
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE INSTITUTION. The Services are a communication and information platform only. Company is not a party to any agreement or communication between Users and Company makes no representation or warranty as to any User Generated Content, as defined herein, or any other information posted or distributed on the Services. Company has no control over the conduct of, or any information provided by any User and Company hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Company through the Services is for informational purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for your User Generated Content or any other posts or communications you generate via the Services.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR USER BEHAVIOR OR ACTIVITY. COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO USER MATERIALS OR ANY USER GENERATED CONTENT INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
8. User Generated Content
Any materials, images, information, guides, builds, or other content that you post to or via the Services will be known as “User Generated Content.” To the extent that any User Generated Content appears on the Services, you hereby grant Company to the furthest extent and for the maximum duration permitted by applicable law an unrestricted, worldwide, fully sub-licenseable, nonexclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, perform and display such User Generated Content in any form, format, or media, now known or hereafter devised, for the purpose of operating the Services, including any promotional or marketing services used by Company, which may include transmission of the same to a third party website. Such license will be immediately revoked in the event you delete such User Generated Content from the Services, except to the extent that such User Generated Content has been shared with or by a third party.other User or incorporated into any of Company’s promotional or marketing materials. Nothing contained herein may be construed as to grant Company any ownership over, or liability for, your User Generated Content and nothing in these Terms will restrict any rights that you may have to use and exploit User Generated Content outside of the Services. You hereby represent and warrant that any User Generated Content that you post or otherwise upload via the Services is wholly original and/or you have the authorization to reproduce, adapt, modify, and/or display such Content.
9. Use of Communications Services
The Services may contain bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities (collectively, "Communication Services") designed to enable you to communicate with other Users. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. For the avoidance of doubt, any materials or information that you post to Communications Services will be considered User Generated Content.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any 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 Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review any and all materials, uploaded to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to upload or to remove any information or materials, in whole or in part, in Company’s sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE. MANAGERS AND HOSTS ARE NOT AUTHORIZED COMPANY SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF COMPANY.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
10. Prohibited Content
Company reserves the right to remove any User Generated Content that does not comply with the Terms. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove any prohibited User Generated Content, which includes, but is not limited to the following:
- User Generated Content that is pornographic, lewd, or otherwise sexually explicit in nature;
- User Generated Content that is defamatory or in violation of any person’s state or common law right of publicity or other privacy rights;
- User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose; or
- Any User Generated Content that otherwise violates these Terms.
11. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
- Use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- Harvest or collect the email addresses or other contact information of other users from the Services;
- Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
- Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Access any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Services;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose; and
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
12. Rights Company Grants to You
Subject to your compliance with these Terms, Company grants you access to view any User Generated Content that belongs to Company or its Users that have also agreed to these Terms. You agree that you will not use any User Generated Content except as expressly permitted in these Terms. Please follow the steps in accordance with the functionality of Services if you want to remove your Account.
13. User Representations and Warranties
As a User, you hereby represent that i) you are at least thirteen (13) years of age; and ii) you are not prohibited from receiving or using any aspect of the Services under applicable laws; and c) Company has not previously disabled your account for a violation of the law or these Terms, even if these Terms have been amended. Disclaimers of Warranties.
As a User, you hereby warrant that you will comply with the applicable laws and regulations in your jurisdiction when you make any use whatsoever of the Services.
14. Links to Third Party Sites and Services
The Services may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Company or any part of the Services and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
15. Device and Internet Connection
Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
16. Intellectual Property
All content included as part of the Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained therein (collectively “Protected Content”) is the property of Company or its third party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Content without the express written permission of Company and/or Protected Content’s third party owner. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third party.
17. Copyright Infringement Policy
Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated 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 authorized 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 within the Services are covered by a single notification, a representative list of such works that appear within the Services;
- 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 authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
18. DMCA Counter Claims
Company may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person
19. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party in connection with the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third party.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute must be resolved solely by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator's award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party will be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
23. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
24. Termination and Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
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 to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Services.
Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
These Terms constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.
You hereby consent to the jurisdiction of the State of Delaware and agree that its laws will be used to resolve all disputes arising from or concerning these Terms.
Questions and Feedback
If you have any questions or comments about these Terms or our Services, please contact us at: firstname.lastname@example.org