Effective Date of Current Policy: May 24, 2018
We at The Tempest respect your privacy and take it very seriously.
Pleases read this policy 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.
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.
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.
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.
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.
Information We Collect:
The information we collect is classified into two types of information; Personal information and Personal identifying information. Personal information is information that on its own may not be able to identify a person, but when used with another piece of information could help identify an individual (e.g., race, gender, age). Personal identifying information can be used to immediately identify an individual (e.g., Full name, Home address, Email address, Telephone number).
We receive information about you from various sources, including (i) your registration for our Services; (ii) your use of the Services generally, and (iii) third party website and services.
We collect information from you in the following ways:
Information You Provide. We collect personal information that you voluntarily provide. For example, your name, contact information, and other personal information may be collected when you: sign up for our newsletters, join our Ambassador program, complete a survey, post a comment to an article, or participate in our social networking features. The information you may be asked to provide may include your email address, your name, buying preferences, annual income, other demographic or profile information, Twitter, Facebook and other social media network usernames and aliases and other information you choose to submit.
General Usage Information. We may gather usage information about Website users on an anonymous basis. Examples of such information include: amount of time spent on our site, pages viewed, websites users originated from and websites users visit after leaving our Website. This information helps us create a faster, efficient and more relevant website. We may also share aggregate and anonymous usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose.
IP (Internet Protocol) Address Information and Other Information Collected Automatically. We and our service providers and advertisers may collect and share your location for personalization and marketing purposes using certain digital applications, wireless access protocol services (“WAP Services”) or mobile phone services. We, or the service provider, will obtain your prior consent to such collection to the extent required by applicable law. An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. We, or our service providers, may use your IP Address when you access the Website or use other means to assist with delivering geographically targeted advertisements. This information includes your IP address, unique device identifier, and cookie information. This information is used to fight spam/malware and facilitate the collection of data concerning your interaction with the Services (e.g., which links you have clicked upon).
Statistical information derived from Personal Information may be collected and stored in an aggregate form that cannot be tied back to you, your Account, or your web browser (“Aggregate Statistical Information”). However, we do collect statistical information that may be tied to your unique mobile device identifier, IP address, and geolocation information and thus may be tied back to you or your web browser (“Personally Identifiable Statistical Information”).
This type of data enables us and third parties authorized by us, to figure out how often individuals use parts of the Services so that we can analyze and improve them.
Location data. We may collect geo-data, which tells us where you are when we collect other information about you. We may also collect the language option or country you choose. We may link location data to other information we have collected about you.
Transaction and financial data. We may collect or receive transactional and financial information relating to you when you buy something through our sites and apps (for example payment details) or because you have bought something from a third party after clicking on an affiliate link in our content.
Special category data. When we conduct research or carry out surveys we may collect sensitive personal data about you, for example information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, sex life or sexual orientation. We will not use or share this information without your explicit consent.
Other Information We Collect. We and other parties may also collect statistical information about your online activities over time and across third-party website or services. The information we collect provides statistics of the pages visited by you. We may use different technologies and features to collect this information, which may include tracking your activities through your Internet Protocol (IP) address, computer settings or most-recently visited URL.
We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
We also use “cookies” and “web beacons” as well as other automated technologies. You can object to the creation of usage profiles at any time.
Information Related to Advertising and the Use of Web Beacons. To support and enhance the Services, we may serve advertisements through the Services, including but not limited to, our email newsletter. These advertisements are sometimes targeted and served to particular users.
Advertisements targeting users who fit a certain general profile category (e.g., “users in New York”), may be based on anonymous information inferred from information provided to us by a user, (i.e., Personal Information such as gender or age) or may be based on the Services usage patterns of particular users. We do not provide Personal Identifying Information to any third parties for use outside of the Services.
We may deliver a file (known as a “web beacon”) to you through the Services in order to increase the effectiveness of ad delivery. Web beacons allow us, through our third party ad server, to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Because your web browser must request these advertisements and web beacons from us via our third party ad servers, these ad servers can view, edit or set their own cookies, just as if you had requested a web page from their site.
Cookies and Targeted Advertising
We may use text files with small pieces of information placed on your browser, known as “cookies”, to provide you with a more personal and interactive experience. Cookies are widely used in order to make the Website work, or to work more efficiently.
There are two broad categories of cookies:
- First-party cookies, served directly by us to your computer or mobile device.
- Third-party cookies, which are served by a third party on our behalf. We use third- party cookies for functionality, performance / analytics, advertising and social media purposes.
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are “session cookies”, meaning that they exist only while your browser is open. Session cookies are deleted automatically once you close your browser. Other cookies are “permanent cookies”, meaning that they survive after your browser is closed. Permanent cookies can be used by our Websites to recognize your computer when you open your browser and browse the Internet again.
- To track the progress and number of entries in contests, sweepstakes and promotions
- To ensure an individual does not vote more than once in polls or surveys
- To gather information regarding the date and time of your visits, the information you searched and viewed, the email you opened or the advertisements you clicked
Types of Cookies We Use
|Type of cookie||Purpose of Cookie|
|Essential Cookies||These cookies are essential to provide you access to our Websites and any services available through our Websites and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.|
|Functionality Cookies||Functionality cookies record information about choices you’ve made and allow us to tailor our Websites to you. These cookies mean that when you continue to use or come back to our Websites, we can provide you with our services as you have asked for them to be provided. For example, these cookies allow us to:
|Performance/Analytics Cookies||We use performance/analytics cookies to analyze how our Websites are being accessed, used, or are performing in order to provide you with a better user experience and to maintain, operate and continually improve our Websites. For example, these cookies allow us to:
|Advertising/ Tracking Cookies||As you use our Websites, you will notice that they feature advertising. We allow third-party companies, including advertising companies, to place cookies on our Websites. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet. These cookies are anonymous — they store information about the content you are browsing, but not about who you are.
Cookies also allow us and third parties to know whether you’ve seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes to avoid you seeing the same ad multiple times, to help tailor the ads you see, to detect and prevent click fraud, and to measure the effectiveness of ads.
|Social Media Cookies||On some pages of our Websites, third parties that provide applications through our Websites may set their own anonymous cookies in order to track the success of their applications or customize applications for you. For example, when you share an article using a social media sharing button on our Websites (e.g., Twitter or Facebook), the social network that has created the button will record that you have done this. Because of how cookies work, we cannot access these cookies, nor can the third parties access the data in cookies used by us. Some pages of our Websites may also contain embedded content, such as video content from YouTube or Vimeo, and these sites may set their own cookies.|
Cookies can be removed by following your Internet browser’s directions usually within the help menu. In order to use certain features of the Website, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Website may not work properly, and you may not be able to access the Website.\
We believe that advertising is more interesting to you when it is relevant. Accordingly, we customize the advertisements that you see based upon: (i) geographic location information, which we may determine through your IP address or other ways; (ii) data we receive from third parties and/or; (iii) your visits on the Website or use of other services (commonly referred to as behavioral advertising or interest-based advertising). We may use your personal information to deliver customized advertising to you on this Website, on other websites and on other digital and offline media channels. We may use third-party vendors to connect information collected on the Website (such as IP addresses, geolocation, cookie-related data, and other information described above) with information collected from other websites, devices and media channels and then show you advertising based on this combined information. The advertisement may appear when you are visiting a different section of the Website or another website, device or media channel.
If you would like more information about behavioral advertising and to know your choices with respect to it, please visit http://www.aboutads.info/choices. Many vendors that engage in behavioral advertising participate in the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) and abide by NAI and/or DAA principles. If you wish to opt out of participating in advertising programs conducted by NAI and DAA members or learn more about the NAI and DAA, please go to the NAI Opt-Out website or DAA Ad Choice Page and follow the instructions. After you opt-out, you will still see advertisements, but the advertising may not be as relevant to your interests. If you change your computer, change your browser or delete your cookies, you will need to renew your opt-out. For opt-out options specific to Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. If you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. If you use multiple browsers or devices, you will need to execute this opt-out on each browser or device.
We may use Facebook to deliver ads on the Website. Facebook may use information you share on Facebook and information gathered from your use of other websites and apps to delivery ads to you. To learn more about this type of advertising and your choices about it, visit https://www.facebook.com/about/ads.
Information We Receive From Third Parties. We may combine online and/or offline information received from third parties with the information we have already collected from you via our Website or services. The third party information is used for a variety of purposes including to verify other information about you (e.g., verify your mailing address to send you requested products or services), to conduct research, and to enhance the content and advertising we provide to you.
How and To Whom is Your Information Shared
First and foremost, any information we share will be anonymous. We will never share your name, email address, or any other personally identifiable information acquired through our Services or through third-party services.
We take your privacy seriously and will not share your Information with others except in the following circumstances:
Our Group Entities: We may disclose your Information to other group entities that are affiliates and/or subsidiaries in order to provide you with tailored products, services and communications or in accordance with our internal policies or administrative or business practices.
With Your Consent: We will obtain consent from you prior to enabling your use of any location-based services. If you reside in the EU, we will obtain consent from you prior to sharing your Personal Information with third parties for their marketing purposes if we are unable to rely on our legitimate interests in doing so.
Corporate Transactions or Events: We may disclose your Information in connection with, or during negotiations of, any merger, the sale of company assets, financing or acquisition, or in any other situation where Information may be disclosed or transferred as one of our business assets.
To Fulfill Your Requests: If you elect to use certain authentication or sharing features available on the Sites or via the Services, we may use your Personal Information to fulfill your request to share content with or provide access to such third parties (e.g. Facebook, LinkedIn, or Twitter).
Some activity on and through the Service can be public by default. This includes user content posted through the Services.
Data Inclusion in Articles: We may also share tweets in articles that feature a trending hashtag. When we do this, we will mention you on Twitter, so you will always know if your tweet is being used. If you want your tweet removed from the article, please contact us at email@example.com and we will remove it.
How Your Information Will Be Used:
- To meet and fulfill our legitimate business interests, including:
- To contact you regarding the administration of any features or functions of the Services
- To market and promote the Services, including opportunities and functionality that we think would be of particular interest to you
- To notify you, at our discretion, about changes to our Website or any products or services we offer or provide though it
- To fulfill any other purpose for which you provide the information; for example, if you enter contests, we may use your email to notify that you won
- To respond to your questions, comments, complaints, requests and other communications
- To track your return visits and use of the Services and to save your User Account, registration and profile data or other Information in order to tailor your experience with the Services, customize what you see when you use the Services, and save your credentials so you do not to have to re-enter such data each time you use the Services
- To enable third party service providers to provide products, services or functions on our behalf or to help us to operate our business and the Website. Such service providers may include vendors and suppliers that provide us with technology, research, data analytics, ad serving, email services, payment processing, customer service, and/or marketing assistance
- To manage our business needs, such as monitoring, analyzing, modifying and improving the Services’ and Sites’ functionality and performance
- To grow our business
- To get to know our potential and existing users, clients and customers
- To develop new products and/or services, or personalize
- To accumulate and report aggregate, statistical information in connection with the Services and user activity, or to provide reporting for internal and external clients, business partners, agents, Artists and their managers, etc
- To determine which features and functionality of the Services users like best to help us operate the Services, enhance and improve the Services
- With your consent, including:
- To display advertising and marketing information based on your use of the Services and other websites, services and platforms you have used or visited
- To provide information and marketing materials about our other products and services and the products and services of unaffiliated businesses
- To provide personalized services offered by us on third-party websites and online services
- You can withdraw your consent at any time
- To comply with our regulatory or legal obligations, to enforce our legal rights or comply with legal processes, including:
- To detect and prevent fraud or infringement of our or any third party’s rights
- To meet reporting requirements (e.g. filing tax forms)
- To retain documents and information related to a legal action
- To report data breaches or unauthorized access to the Service
Social Networks and Social Media Integration
You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you through our Website. We are not responsible for any acts or omissions by any social media service provider or your use of features on their platforms
Information of Yours That You Can Access
If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.
Rights and Choices Regarding Information
Legal rights you may exercise over your personal data are briefly described below:
Right to request access. You have the right to ask for a copy of personal data we hold about you and to check we are dealing with it lawfully by asking for information about how we process it.
Right to request a correction. You have the right to ask us to correct incomplete or inaccurate information about you.
Right to withdraw consent. If we are processing your personal data on the basis of your consent, you can withdraw your consent at any time.
Right to Opt Out. At times, you may be presented with the option to “opt-in” to receiving certain push notifications, marketing and promotional communications or other information from us and others that we think will be of interest to you.
Recipients of such communications can unsubscribe or “opt-out” by following the specific instructions included in such communications.
You can unsubscribe from receiving our newsletter, survey program, or ambassador program at any time. To unsubscribe from our newsletter, you can click on the “Unsubscribe” link in the footer of our weekly newsletter emails and follow the instructions.
You can unsubscribe from The Ambassadors or the Brainstorm by sending an email to firstname.lastname@example.org saying that you would no longer like to participate in the program.
Opting Out of Use of Certain Information That May be Collected by Tracking Technologies.
When you visit our Sites, use our Services, or visit a third-party website for which we provide online services, we and our business partners and vendors may use Tracking Technologies to recognize you as a repeat visitor and to customize your online experiences, the Services you use, and other online content and advertising, measure the effectiveness of promotions and perform analytics, and to mitigate risk, prevent potential fraud, and promote trust and safety across the Sites and the Services. Certain aspects and features of our Services and Sites are only available through the use of Tracking Technologies, so if you choose to disable or decline Tracking Technologies, your use of the Sites and Services may be limited or not possible.
If you are an EU citizen or reside in the EU, you may have certain additional rights with respect to the Personal Information you provided to us. To the extent permitted by applicable data protection laws, you may:
- Access, modify or erase your Personal Information
- Object, on grounds relating to your particular situation, at any time to the processing of your Personal Information if the legal ground we are relying on is our legitimate interest or in the public interest
- Request that your Personal Information be erased if it is no longer necessary to be retained for the purposes for which it was processed, you have withdrawn consent to, or object to, the processing of such Personal Information and we meet no other legitimate basis for such processing or it has been unlawfully processed
- Restrict the processing of your Personal Information if you contest its accuracy or the lawfulness of our processing, we no longer need it but you need it for a legal claim or you have objected to its processing and await verification of our legitimate grounds for processing it
- Under certain circumstances, have your Personal Information transferred to another company
- Withdraw any consents that you have previously provided to allow us to process your Personal Information
- Stop receiving our marketing communications. If you opt out of marketing emails you will continue to receive messages from us about your relationship with us where permitted by law
If you wish to exercise any of these rights please contact us at email@example.com.
Retaining Your Personal Information
We maintain and have implemented security safeguards to protect the Personal Information submitted to and collected, used and stored by us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure – so we cannot guarantee its absolute security.
“Do Not Track”
Your browser may offer a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services support Do Not Track requests.
Children Under 13
We do not knowingly collect any personal information from children under thirteen. If you are under the age of 13 you are not eligible to use or provide any Personal information including names, email addresses, screen names to us on or through our Site, register for our Ambassador Program or Survey Program, or sign up for our Newsletter.
Choices You Have Regarding Your Information
You can use many of the features of the Services without registering, thereby limiting the type of information that we collect. Also, you can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.
Our Affiliate Program
The Tempest.co is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to thetempest.co
Click here to read more about the Amazon Affiliate Program.
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
We reserve the right to modify or discontinue all or any aspect of the Services with or without notice to you. However, if we ever change anything in our Policy, there will be a notification on the Website. If you have provided us with your email address, we will send you an email informing you of the changes and provide you with a link to the updated Policy.
THE SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE TEMPEST IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. THE TEMPET DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THOUGH WE MAKE EVERY EFFORT TO PRESERVE USER PRIVACY, WE MAY NEED TO DISCLOSE PERSONAL INFORMATION WHEN REQUIRED BY LAW, WHEREIN WE HAVE A GOOD FAITH BELIEF THAT SUCH ACTION IS NCESSARY TO COMPLY WITH A CURRENT JUDICIAL PROCEEDING, A COURT ORDER OR LEGAL PROCESS SERVED ON OUR WEBSITE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
All the actions you make and information you post on The Tempest remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
- any negligent acts, omissions or wilful misconduct by you;
- your access to and use of the App;
- the uploading or submission of Content to the App by you;
- any breach of these Terms by you; and/or
- your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information, which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:
The Tempest Media, Inc.
250 K St. NE
Washington, DC 20002
Copyright Infringement and Trademark Rights.
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.
You have the right to complain about data privacy matters to the Information Commissioner’s Office (www.ico.org.uk), or the relevant data protection regulator in your country of residence. We invite you to raise your concerns with us first, so that we can try to resolve them.
Title (Effective Date)