Last Updated: March 11, 2015
The StormPins™ Mobile App and Service
StormPins allows local TV stations, other news media, emergency managers, law enforcement agencies and the community at large to access real-time, eyewitness alerts regarding local traffic, weather, Amber alerts and other breaking news and related information as reported by StormPins users. You may download the Mobile App and register to use StormPins via an applicable mobile app store (e.g., Google® Play, Apple® App Store) accessed through your smart phone or tablet. Upon downloading the Mobile App and registering for a StormPins user account, you will be provided the ability to upload photographs, videos, data and other information and materials relating to local traffic, weather, Amber alerts and other breaking news to Storm Pins. When you download the Mobile App, the Company grants you a personal, limited, revocable, non-transferable license to access and use the Mobile App and StormPins for your personal and non-commercial purposes.
Uploading Content – Granting Us a License
There are, however, limits on what types of Uploaded Content you can post on StormPins. We can remove Uploaded Content if you violate these limits or for any other reason. Specifically, you agree not to upload on or otherwise transmit to or via StormPins any Uploaded Content that: (a) is defamatory, libelous, expresses hate, or is unlawfully threatening; (b) is pornographic, obscene or exploitative of a minor; or (c) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature. In addition, you may not provide to the Company any false information, or otherwise attempt to alert users of any false emergencies, traffic incidents, weather reports or other potentially breaking news via StormPins. You acknowledge that you, and not the Company, will bear full responsibility for each item of Uploaded Content posted to StormPins, including its legality, reliability, appropriateness, originality and copyright, and the consequences of publishing such content or sharing it with others or the general public. This includes, for example, any personal information, such as your home address, email address, telephone number, or your current location, or similar information for others. Further, please be aware that once you upload any Uploaded Content, we cannot guarantee how long such Uploaded Content will be made available via StormPins, and thus, you may not be able to retrieve such Uploaded Content in the future. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM YOUR SHARING OR POSTING ANY UPLOADED CONTENT ON STORMPINS, INCLUDING ANY PERSONAL OR OTHER SENSITIVE INFORMATION.
You acknowledge that the Company does not condone, and specifically prohibits, participation by you in any dangerous activities in connection with your use of StormPins, including, but not limited to, attempting to capture photographs, videos or otherwise obtain details or information pertaining to traffic accidents, emergencies, tornadoes, hurricanes, floods, fires, earthquakes, natural disasters, civil unrest, acts of terror, acts of God, criminal acts or investigations and/or any other breaking news occurrence. IN ADDITION, DO NOT USE STORMPINS WHILE OPERATING A MOTORIZED VEHICLE OR WHILE WALKING. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU AND/OR OTHERS AND IS ILLEGAL IN MANY AREAS. IT IS YOUR RESPONSIBILITY TO EDUCATE YOURSELF REGARDING LOCAL AND/OR OTHER LAWS, RULES AND REGULATIONS APPLICABLE TO YOUR ACTIONS USING STORMPINS, AND TO ADHERE TO ANY AND ALL SUCH LAWS, RULES AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL THE COMPANY IN ANY MANNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY OR DAMAGE RESULTING FROM YOUR ACTION OR INACTION IN CONNECTION WITH YOUR USE OF STORMPINS.
Permitted Use and Restrictions
The Site and the Mobile App may include information regarding StormPins and the Company, and/or other content, including, without limitation, photos, videos, news articles, and/or other data and information proprietary to the Company or its licensors, as well as links to third party websites. You may download, view, copy and print information, materials and any other aspect of this Site (i) solely for your personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.
You agree to comply fully with all applicable laws, rules and regulations in your use of the Site, the Mobile App and StormPins. Except as expressly permitted in this Agreement or by applicable law, you will not:
- use, download, upload, reproduce, copy, print, display, perform, republish, sell, transfer, license, rent, lease, lend, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site, the Mobile App or the StormPins service, or any portion thereof, or any information or content contained on the Site or the StormPins service, without the prior written permission of the Company;
- decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Mobile App or any part thereof;
- use the Mobile App in any manner that may impair, overburden, damage, disable or otherwise compromise the StormPins service, or any other party’s use and enjoyment of the StormPins service;
- interfere, in any way, with others’ use of or access to the StormPins service, the Mobile App or the Site, or use them as part of an attempt to gain unauthorized access to the computer system of any other user; or
- take any other action in connection with your use of the Site, the Mobile App or StormPins which violates any law or regulation.
Moreover, you may not access this Site via any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site or any portion thereof. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site or the StormPins service.
Unauthorized Use of the Site, the Mobile App and/or StormPins
You are responsible for maintaining security and control over your username and password or other access methods to StormPins (each, an “Access Method”), and are fully responsible for all activities that occur through the use of your Access Methods, whether or not such use is authorized by you. For example, if you elect to store your Access Methods where others may access them, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access StormPins. The Company reserves the right to adopt policies relating to its Access Methods from time to time, including, but not limited to, how often passwords must be changed. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your Access Methods.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
Please read this section carefully, as it limits the liability of the Company, its affiliates, officers, directors, employees, agents, representatives and licensors. Each of the sections below applies to the maximum extent permitted by applicable law. Certain jurisdictions do not permit the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, and thus some or all of the disclaimers, exclusions or limitations of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not lawfully be limited.
YOUR USE OF AND PARTICIPATION IN STORM PINS IS VOLUNTARY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE MOBILE APP AND THE STORMPINS SERVICE, AND/OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, THE MOBILE APP OR THE STORMPINS SERVICE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE, THE MOBILE APP OR THE STORMPINS SERVICE, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, THE MOBILE APP OR THE STORMPINS SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE, THE MOBILE APP OR THE STORMPINS SERVICE (INCLUDING TRAFFIC AND WEATHER) IS ACCURATE, COMPLETE OR CURRENT (REGARDLESS OF WHO PROVIDED SUCH INFORMATION), AND THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE, THE MOBILE APP OR THE STORMPINS SERVICE. FURTHER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE MOBILE APP OR THE STORMPINS SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. MOREOVER, YOUR ABILITY TO USE STORMPINS IS SUBJECT TO YOUR TELECOMMUNICATIONS CARRIER’S CELLULAR PHONE AND DATA SERVICE COVERAGE AND CHARGES.
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF THE COMPANY OR ANY OF ITS AFFILIATES (COLLECTIVELY, THE “STORMPINS PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, THE MOBILE APP, STORMPINS, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING DEATH, PHYSICAL HARM OR INJURY TO YOU RESULTING FROM YOUR PARTICIPATION IN STORMPINS), INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA. IN ADDITION, NEITHER THE COMPANY NOR ANY OTHER STORMPINS PARTIES SHALL BE RESPONSIBLE FOR ANY USE OF YOUR UPLOADED CONTENT BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, TV STATIONS, POLICE OR OTHER GOVERNMENTAL AUTHORITIES AND EMERGENCY MANAGERS). FURTHER, THE STORMPINS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY LOSS OF ANY UPLOADED CONTENT, OR THE INABILITY TO PARTICIPATE IN ANY CONTESTS, SWEEPSTAKES OR OTHER OFFERS OR PROMOTIONS.
IF THE COMPANY OR ANY OF ITS AFFILIATES SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE MOBILE APPLICATION OR STORMPINS, IN NO EVENT SHALL THEIR AGGREGATE, COMBINED LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT, IF ANY, THAT YOU PAID THE COMPANY OR ITS AFFILIATE IN THE PRIOR SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY IN TORT), WARRANTY, STATUTE OR OTHERWISE, AND WHETHER OR NOT THE COMPANY OR ITS AFFILIATE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Trademarks and Copyrights
STORMPINS, the STORMPINS logo and other marks that may be displayed on the Site, the Mobile App and/or StormPins are the proprietary service marks or trademarks of the Company or third parties. The Company’s marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the Company. All trademarks and service marks not owned by the Company that appear on the Site, through the Mobile App or StormPins are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. You may not use, copy, modify or display any of the trademarks, service marks, trade names, company names or logos appearing on the Site, through the Mobile App or StormPins without the express written permission of the respective owner thereof.
All content on this Site or viewable through the Mobile App (other than Uploaded Content), including, but not limited to, works of authorship, software, design, text, graphics, photos, videos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such content on this Site, the Mobile App and StormPins, are the property of the Company or its licensors and are protected by United States and international copyright and other intellectual property laws.
In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not permit children under 13 years of age to become registered users of StormPins. By using the Site, the Mobile App and/or StormPins, you represent that you are not under 13 years of age.
Third Party Advertisements and Links to Third Party Sites
You acknowledge that, at any time, the Company may provide links to the websites of third parties via the Site and/or the Mobile App. Additionally, the Site and/or the Mobile App may display advertisements and sponsorships from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. The Company is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by the Company of the advertisement or linked site or any content therein. IN NO EVENT WILL THE COMPANY BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANYONE ELSE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Modification or Discontinuance of the Site, the Mobile App or StormPins
At any time, without notice to you, and for any or no reason, the Company may modify or discontinue the Site, the Mobile App or StormPins or any other services or content provided therein. The Company shall in no way be held liable for any consequence that results from the Company’s decision to modify or discontinue providing the Site, the Mobile App or StormPins, or any other services or content provided therein.
Denial of Access
The Company may prohibit you from using or accessing the Site, the Mobile App or StormPins for any or no reason, at any time, in its sole discretion, with or without notice to you.
Governing Law, Venue and Jurisdiction
Notice and Procedure for Making Claims of Intellectual Property Infringement
The Company respects the intellectual property rights of others. If you believe that any content on this Site, the Mobile App or StormPins may infringe your copyrights or other intellectual property rights, please provide the Company the written information specified below. Please note that this procedure is exclusively for notifying the Company that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site, the Mobile App or StormPins;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
The Company’s agent for notice of claims of copyright infringement or other intellectual property infringement by or on the Site, the Mobile App or StormPins can be reached as follows:
Intellectual Property Agent
c/o Prospect Hill Advisors, LLC
Austin, TX 78701
phone: (703) 310-6409