StormChasingUSA.com Terms and Conditions (“Agreement”)

This Agreement was last modified on July 15, 2013.

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://www.stormchasingusa.com (“the Site”) operated by Wall Cloud Productions AB (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.stormchasingusa.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement. You also agree to our privacy policy.

Intellectual Property

The Site and its original content, features and functionality are owned by Wall Cloud Productions AB and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may not use any illustrations, photos or articles on this website without prior admittance from us. If you quote the content on this website, please refer to the page with a link.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Terms of use

StormChasingUSA.com is a website that helps you find information about storm chasing tours etc. Although we do our best to keep the website accurate and up to date we cannot guarantee that the data and information here is accurate or up to date, even when it appears to be.

Some information about the tours and the tour operators is provided by the tour operators themselves (such as the general description etc). StormChasingUSA.com does not guarantee that this information is accurate or up to date.

All information and data on this website is second-hand information and should be treated as such. Information about the tour operators and tours are second hand data and should be verified with the tour operator prior to booking your tour.

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

Data and information provided by users

The comments and reviews on this website does not express the views of StormChasingUSA.com or Wall Cloud Productions AB.

StormChasingUSA.com can never keep complete control of the data, information, reviews and comments on the site. Even though a tour company appears to be legit, serious, professional etc by the reviews or comments, we cannot guarantee that this information is correct or up to date. We cannot guarantee (even for validated reviews) that the reviews and comments are correct, represent a correct view of the tour or tour company or are provided by the person it appears to have been provided by.

Do not base your purchase, or avoidance thereof, a storm chasing tour solely based upon the information, data, reviews, ratings and comments (or lack thereof) on StormChasingUSA.com.

Data provided to StormChasingUSA.com through reviews, comments and reminders are kept in our database. We cannot, however, guarantee the safety of the mentioned data. Technical problems, mistakes by developers or “hack attacks” may cause the data to be publicly available. We do, of course, take every effort in keeping your data safe.

Your submitted content

In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms of use.

Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Comments

You are free to comment the articles, reviews, tour operators etc on this website. By doing so you accept that we store data such as name, e-mail address, url, date and time and ip-number in our database. You also agree that we publish the content (except for the e-mail address and IP-number) on the website.

We do not guarantee to publish all comments. Comments that will not be published involve, but is not limited to, content that we determine to be:

  • Comments whose purpose is to market a product, website etc. (spam)
  • Comments that take the form of a review of a tour or tour operator. Use the Review-function for these purposes.
  • Comments under misleading names (such as tour operators or tour operator staff) unless you are associated with the company.
  • Comments made by tour operators or their staff, that are not made as official comments from the tour operator. If you are associated with a tour operator, state this in your commentary name.
  • Hateful or overly strong language.

Failure to comply with these rules may cause us to ban you from commenting on the website.

Reviews

You are free to review tours and tour operators on this website. By doing so you accept that we store all provided data, including (but not limited to) your name, country, e-mail address and IP-number.

By writing a review you agree that:

  • We publish your review (excluding e-mail address and IP-number)
  • You have been on the tour, as a paying customer, you are reviewing.
  • You are not associated with any storm chasing tour company, neither the one you are reviewing or its competitors.
  • Your content and rating reflect the experience you had.

A review may be published despite the terms given above, if you provide sufficient information about your associations etc in the review. E.g. if you mention that you received the tour for free the review may be published.

Newsletter

StormChasingUSA.com has a newsletter that may include content and advertisement from, but not limited to, storm chasing tour companies. You are asked to sign up for this newsletter when you write a review, comment or use the newsletter form on the website. If you do not wish to sign up for the newsletter, unmark the check-box related to the newsletter in the comment or review.

We use GetANewsletter.com as a provider for our newsletter mailouts. They will always contain information where you can easily un-subsubscribe to the newsletter. If you are experiencing technical problems with un-subscribing to our newsletter please refer to the GetANewsletter.com support.

Reminders

StormChasingUSA.com has a form in which you can schedule a reminder to review a tour. We will only provide you with one reminder (unless we are experiencing technical problems such as computer bugs). If you do not receive your reminder, please check your spam filter.

By using the reminder functionality you agree that we save your e-mail adress in our database and that we send the reminder e-mail to you.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Wall Cloud Productions AB.

Wall Cloud Productions AB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law

This Agreement (and any futher rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

As a user of this website you assume full responsibility to thoroughly determine whether the information provided on this website is correct, unbiased and/or applies to you.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

Copyright infringements

If you find a photo on this website of which you own the copyright, please contact us at info@stormchasingusa.com and we will remove it.

Credits

Published and generated with permission from TermsFeed.com and SEQ Legal.

Contact Us

If you have any questions about this Agreement, please contact us at info@stormchasingusa.com


Please note that the information in this article may contain errors and may not be applicable to the tour you may go with. If you find an error or similar, please write a comment about it.