Terms of Service
Digital Storm Video & Photo
Digital Storm Video & Photo provides the dstormvideophoto.com site and various related services (together referred to as the "Site") subject to your compliance with these Terms of Service ("TOS"). By using the Site, you agree to be bound by the terms and conditions set forth below.
If you do not wish to be bound by the TOS, please exit the Site now. Your sole remedy for dissatisfaction with the Site, or any products, services, content, or information available on or through the Site, is to stop using the Site and/or those particular services.
Digital Storm Video & Photo or its assignees may amend these TOS from time to time by updating this page; a link to this page will appear on most Site pages. Your continued use of the Site will indicate your acceptance of the revised TOS. Please bookmark this page and periodically review it for updates, to ensure that you are familiar with the most current version.
As used in these TOS, Digital Storm Video & Photo's "Affiliates" refers to Digital Storm Video & Photo's owners, subsidiaries, affiliated companies, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
Intellectual Property Information
Copyright 2009 Digital Storm Video & Photo. All Rights Reserved.
All material within the Site is the property of Digital Storm Video & Photo and/or its Affiliates. Except for a single copy made for personal use only, you may not reprint, republish, resell, or redistribute these materials in any form or manner without the express written permission of the owner(s) of the material. Digital Storm Video & Photo and its Affiliates do not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe rights of third parties.
"Digital Storm Video & Photo" is a registered trademark of Digital Storm Video & Photo. All other trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOS grants you any right to use any trademark, service mark, logo, and/or trade name of Digital Storm Video & Photo or its Affiliates.
Copyright Owners' Rights Under the Digital Millennium Copyright Act Of 1998
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law.
If you believe in good faith that materials hosted by dstormvideophoto.com infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office web site. Notices and counter-notices for the Site should be sent to: Digital Storm Video & Photo, attn: Digital Storm Video & Photo, 101-32 Lefferts Boulevard, Richmond Hill, N.Y.11419.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
Note: Legal provisions relating to specific areas of the Site appear at the end of these TOS.
Materials on the Site
While Digital Storm Video & Photo uses reasonable efforts to include accurate and up-to-date information in the Site, Digital Storm Video & Photo and its Affiliates: (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on or through the Site; and (b) assume no liability or responsibility for any errors or omissions in the content of the Site (regardless of the cause) or for any resulting damages. If you do become aware of an error, please contact us using the form provided in our Contact page section.
Digital Storm Video & Photo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Digital Storm Video & Photo pokesperson acting in his/her official capacity. Under no circumstances will Digital Storm Video & Photo or its Affiliates be liable for any loss or damage caused by your reliance on information obtained on or through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available on or through the Site. In particular, we strongly suggest you consult your own professional advisor(s) before relying on any advice or information you obtain on or through the Site.
Your use of the Site is at your own risk. Neither Digital Storm Video & Photo nor its Affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether under any contract, negligence, strict liability or other theory, arising out of or in connection with: (a) your access to, or use of, the Site; (b) any products, services, information, activities, and/or materials available on or through the Site; (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy found in or through the Site, regardless of its origin; (d) any breaches of security involving the Site or your account, or any lack of availability or operational problem of, the Site; or (e) any viruses or other code that may affect your computer equipment or other property as a result of your use of the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING AVAILABLE ON OR THROUGH THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE SITE INDEMNIFIES DIGITAL STORM VIDEO & PHOTO AND ITS ASSOCIATES, AFFILIATES, OR OTHER 3RD PARTIES ASSOCIATED WITH PROVIDING THIS SITE AND ITS SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY Digital Storm Video & Photo OR ANY OTHER OF ITS AFFILIATES.
Portions of the Site include links to sites operated by third parties (i.e., sites not owned or operated by Digital Storm Video & Photo). Use of third-party sites is at your own risk. Digital Storm Video & Photo MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE.
Digital Storm Video & Photo and its Affiliates do not endorse, and shall not be liable in connection with, any information or services available on or through any third-party site, except to the extent that a particular Affiliate owns the third-party site and affirmatively states a different policy. Third-party sites may have their own agreements or policies governing use of their sites.
Code of Conduct
You are responsible for ensuring that your use of the Site is in compliance with any applicable laws or regulations. You agree not to:
- Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation, impersonating another user or otherwise misrepresenting yourself to Digital Storm Video & Photo, our Affiliates, the Site's systems, or other entities. Impersonation of Digital Storm Video & Photo personnel is grounds for immediate termination without notice.
- Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) can subject you to civil and/or criminal penalties.
- Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Digital Storm Video & Photo) information or material, or any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Post or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose.
- Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
- Use the Site to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights;
- Use the Site for any unlawful purposes; or
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
Digital Storm Video & Photo may immediately terminate or limit without notice any individual's use of all or portions of the Site in the event of any conduct by such user which Digital Storm Video & Photo in its sole discretion, considers to be unacceptable, or in the event of any breach by such user of these TOS. Such termination may occur without notice to the user.
Digital Storm Video & Photo may at any time, without prior notice (a) deny or limit any user's access to all or portions of the Site, and/or (b) change or eliminate any component of the Site.
While Digital Storm Video & Photo attempts to ensure the listing of accurate and up-to-date prices, offers, and other information, we will not be responsible for typographical or other errors, regardless of their cause.
If software is made available on or through the Site, it is subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although the Site may be accessible worldwide, not all products, services, or information referenced in the Site are available to all persons in all geographic locations or jurisdictions. Digital Storm Video & Photo reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
Nothing contained in these terms shall be construed to limit the actions or remedies available to Digital Storm Video & Photo and/or its Affiliates with respect to any prohibited activity or conduct. Non-enforcement of any term of these TOS does not constitute consent or waiver, and Digital Storm Video & Photo reserves the right to enforce such term at its sole discretion.
You agree to indemnify, defend and hold harmless Digital Storm Video & Photo and its Affiliates against any and all claims, damages, costs or other expenses that arise directly or indirectly from (a) your breach of this Agreement, (b) your activities in connection with the Site, and/or (c) any other matter for which you are responsible hereunder or under law.
These TOS shall be governed by the laws of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Any action to be brought in connection with these TOS or the Site shall be brought in the state or federal courts in the City of New York in the State of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any provision of these TOS are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect.
This Agreement constitutes the entire agreement between Digital Storm Video & Photo and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.