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, website creation, domain buyer tools, downloads, etc. and other services (all, the “Services”). The 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 parites 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):
Our designated Copyright Agent to receive notifications of claimed infringement can be reached at:
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:
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.
YOU AGREE THAT USE OF THE WEB SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEB SITE AND THE 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 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 SERVICES.
IN PROVIDING CERTAIN SERVICES THE WEB SITE MAY SUPPLY PREDICTIONS REGARDING THE AFFECTS OF USING THE 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, PREDICATIONS 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 Services. We may also impose limits on certain features and 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, 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 websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization 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 website linked to the Web Site.
As a condition of your use of the Services and the Web Site, you will not use the Services or the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the 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 Services or the Web Site. You may not attempt to gain unauthorized access to any Services or the Web Site, computer systems or networks connected to any of our servers or to any of the 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 artifically 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 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 Services or the Web Site. You agree not to use the Services or the Web Site to conduct any activity, which may violate these laws. Use of the 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 website, 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 firstname.lastname@example.org. 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 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 Service. By way of example, and not as a limitation, you will not:
We reserve the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
The Services may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the 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 Services.
Some of the Services and the Webs Site 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 Services and the Web Site, you agree that we may place such advertising on the Web Site.
If any of the 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 unauthorized 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 Services require you to pay a fee, as described where those 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 AUTHORIZED BY YOU.
TEMPESTA MEDIA, PROVA, VOICE PROFILE, SIMPLE SOCIAL SHARE, ARTICLE DOCUMENT, CHIKOKA and MAXIMIZING DOMAIN VALUE are service marks of Tempesta Media, and you may not use them. TempestaMedia.com, ArticleDocument.com, www.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 licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.