The Tempest Service User Agreement

Effective date: March 30, 2021

Please note that our Sites are under constant development. New services are added frequently and this agreement may, therefore, be modified and updated on an ongoing basis. Please check back to this page regularly.

This policy describes the terms of use of Tempest Media, Inc. (“The Tempest”, “The Tempest, Inc.,” “we”, “our, or “us) on  https://thetempest.co (the “Site” or “our Site”), and any mobile applications, features, or content including our email newsletter (collectively with the Site, known as the “Services”) offered by us.

Pleases read the terms of use carefully, when you access and use the Site or Services, you are expressly consenting that you are of legal age in your jurisdiction of residence to have read, understood and agreed to be bound by this agreement and any future amendments or additions to this agreement. If you do not agree to any of these terms and conditions, please do not use the Service.

The Tempest’s  Proprietary Rights

All materials that are included in, made available on or are otherwise a part of the Service (“The Tempest Content”), including without limitation any and all articles, blogs, text, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork, logos, trademarks and the “look and feel” of the Service, are owned or licensed by The Tempest or its affiliates or subsidiaries. The Tempest Content is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws.

Your Responsibilities

You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Services. When choosing to use our “Services” you are agreeing to provide and maintain accurate, current, and complete information as prompted by the registration form. In addition, the Services may not be used to:

  • Violate local, state, national or international law or relation
  • Transmit any material that is abusive, harassing, tortious, defamatory, pornographic, obscene, libelous, invasive of another’s privacy, or hateful
  • Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes
  • Transmit material containing adware, malware, spyware or software viruses
  • Impersonate any person or entity, or otherwise misrepresent you affiliation with a person or entity
  • Interfere with or disrupt the Services or servers or our networks

Ownership of and License to Use The Tempest Properties

Use of the Services.  The Tempest owns all rights, title and interest in the Services. The Service are protected by copyright and other intellectual property laws.

We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to use, view and/or play the The Tempest content, subject to your compliance with these Terms of Use. You may make one printed copy of each article on the Service solely for your personal use. You must not modify the paper or digital copies of any materials you have copied in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged.

You shall not:

  • License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services
  • Not use any metatags or other “hidden text” using The Tempest name or trademarks
  • Not modify, translate, adapt, merge, make derivative works of any part o f the Services
  • Not use automated or manual software devices or process (including, but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools)
  • Not access the Services to build a similar or competitive website, application or services

Trademarks.The Tempest’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarked and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:

  • Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • Post or transmit any User Submission that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
  • Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Impersonate any person or entity (including a Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;
  • Disseminate or transmit any User Submission that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Sites, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
  • Post any User Submission related to partisan political campaigning or fundraising.
  • Express or imply that any statements you make are endorsed by us;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
  • Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Sites or the contents (except as expressly permitted by The Tempest);
  • Remove any copyright, trademark or other proprietary rights notices contained in the Sites;
  • “Frame” or “mirror” any part of the Sites; or
  • Engage in any other activity deemed by Tempest to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Sites, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.

Content and Non-Endorsement

Opinions and other statements expressed by users, commenters, and third parties are theirs alone, not opinions of The Tempest. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. The Tempest has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Third Party-Links:

The Services may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. The Tempest does not control and is not responsible for Third-Party Links. The Tempest provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

Copyright Infringement and Trademark Rights. 

The Tempest, the Sites, and all text and images contained on the Sites and in Tempest products are protected by United States trademark and copyright law and other applicable law and are the property of The Tempest, except as otherwise identified. All copyrights and trademarks not the property of The Tempest that are used or referred to in the Sites and Tempest products are the property of their respective owners. Nothing contained in the Sites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Tempest or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Sites or other products may violate the law.

The Tempest products, including third party and licensed materials on the Sites, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from The Tempest.

We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide us with a written notice for claims of copyright infringement.

Your written notice must include:

  • 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 at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access 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 that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Links To The Service

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you. Our Service must not be framed on any other Service.

We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.

Employment Opportunities

The Tempest may post employment opportunities on the Sites and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to The Tempest in response to employment listings, you are authorizing The Tempest and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. The Tempest also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this Agreement or contained in the Sites shall constitute a promise by The Tempest to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Sites constitute a promise that The Tempest will review any or all of the information submitted to it by users.

Fees

We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees.

Contests and Promotions

From time to time, The Tempest, our advertisers, or partners, or other parties may conduct promotions and other activities on, through or in connection with the Sites, including without limitation, contests and sweepstakes (collectively, “Promotions”). In some case, you may be able to win a prize (“Prize”) as part of a Promotion. Each Promotion may have Additional Terms and/or Rules or eligibility requirements, which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law.

Modifications

We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this User Agreement periodically for changes. Your continued use of the Services following notification of any changes to this User Agreement constitutes acceptance of those changes.

Entire Agreement and Severability. This User Agreement is the entire agreement between you and us with respect to the Services, including use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable.

Import and Export Jurisdiction. Content and software from the Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment. This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.

Notices. Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@thetempest.co.

No Waiver. Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings. The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation.

Contact and Company details. Tempest Media, Inc. is a Delaware corporation with its headquarters at 10900 Research Boulevard, Suite 160C, Austin, TX 78759. You may contact us at the following address:10900 Research Boulevard, Suite 160C, Austin, TX 78759, or at the following email address: support@thetempest.co.