Terms of Service

These Terms of Service define the rights, obligations and restrictions regarding your intentional or accidental use (“Use”) of any services from Live Storm Chasers, LLC or its affiliates (the “Services”). By submitting a photo and/or video to Live Storm Chasers, LLC, by tagging Live Storm Chasers, LLC on social media with photos/videos, or posting to Live Storm Chasers, LLC social media pages with photos/videos or when you click the “I agree” button within Live Storm Chasers, LLC applications, or use of any of the Services, you contractually agree to be bound by these Terms of Service as well as all applicable laws, including without limitation, the Electronic Signatures in Global and National Commerce Act. In order to Use some Services, you may be required to download other software or content and/or agree to additional terms and conditions, including without limitation, those provided by third parties. Unless otherwise expressly stated, any additional terms and conditions are hereby incorporated into these Terms of Service.

You must read these Terms of Service carefully and you should save or print them for future reference. If you do not agree with everything contained herein, you should not click “I agree” and you must leave Live Storm Chasers, LLC immediately. If after you have clicked “I Agree”, you decide that you no longer agree to the Terms of Service, you must notify us of the same by e-mail at info@livestormchasers.com and immediately discontinue your Use of the Services,. Live Storm Chasers, LLC reserves the absolute right to modify these Terms of Service at any time, without notice so you should review them from time to time in order to be aware of any changes that may affect you and/or your Use of the Services. Modified Terms of Service will be designated by an updated version date at the bottom of this page. Live Storm Chasers, LLC also reserves the right to add, modify, or cancel any Service for any reason or no reason, at any time, without notice and without liability. Should you have questions regarding anything contained in these Terms of Service, please send an e-mail to us at info@livestormchasers.com.

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND Live Storm Chasers, LLC UNDER THESE TERMS OF SERVICE TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND Live Storm Chasers, LLC WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THE SERVICES AND ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.

1.General

The Services include all means by which Live Storm Chasers, LLC provides content to you or receives content from you, including, without limitation, Live Storm Chasers, LLC’s websites, downloadable software applications, delivery of Live Storm Chasers, LLC content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to Live Storm Chasers, LLC, chat rooms, and message boards. The Services are owned and operated by Live Storm Chasers, LLC. Live Storm Chasers, LLC has the right at any time to change or discontinue any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services.

2. Attribution Content Agreement

The actual intellectual property agreement terms that apply to section “2. User Content” are found here; livestormchasers.com/ugc aside from what is also listed on section 2. 

You shall not post or transmit through the Services any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.

c. You shall not e-mail, upload, post, or otherwise make available on the Services any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

d. The foregoing provisions of Section 3 are for the benefit of LSC, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

3.Registration and security

You take full responsibility for your participation in the Services. As a condition of using certain features of the Services, you may be required to register on the Services and/or select a username and password. All registration information you submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Live Storm Chasers, LLC reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Services without our permission. You agree not to sell, transfer or assign your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify Live Storm Chasers, LLC immediately if you suspect any unauthorized use of, or access to, your account or password.

4. Access

The Services are intended solely for your personal and non-commercial use. Live Storm Chasers, LLC may change, suspend or discontinue any Service (or any feature thereof) at any time. Live Storm Chasers, LLC may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Live Storm Chasers, LLC may undertake from time to time; or (iii) causes beyond the control of Live Storm Chasers, LLC or which are not reasonably foreseeable by Live Storm Chasers, LLC. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Live Storm Chasers, LLC or provide your personal information to Live Storm Chasers, LLC. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the Services only if you have the consent of your parent or guardian, including consent to these Terms of Service on your behalf. If you subscribe to Live Storm Chasers, LLC and wish to create subprofiles (if available) under your subscription, you must ensure all users of such subprofiles are 18 years of age or older (or the applicable age of majority in your state or territory of residence).

5. Termination

Unless terminated by Live Storm Chasers, LLC in its sole discretion, these Terms of Service remain in full force and effect while you use the Services. You may terminate your account on the Services at any time, for any reason, by emailing info@livestormchasers.com, Subject: Terminate My Account. Live Storm Chasers, LLC may terminate your account and/or access to the Services at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to the Services is terminated by you or by Live Storm Chasers, LLC, these Terms of Service will remain in effect with respect to your past and future use of the Services. Any rights to your account terminate upon your death.

6. Fees

You acknowledge that Live Storm Chasers, LLC reserves the right to charge subscription fees for any portion of the Services. Live Storm Chasers, LLC will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If Live Storm Chasers, LLC suspends or terminates your account and/or access to the Services because you have breached these Terms of Service or violated applicable law, you will not be entitled to a refund of any unused portion of such fees or other payments.

7. Purchasing services or products

In connection with a purchase of any service, subscription or product on the Services (“Services Products”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party selected by, but not affiliated with, Live Storm Chasers, LLC (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Services Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Services you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor.

Live Storm Chasers, LLC makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Services Product with the Processor. Live Storm Chasers, LLC provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on the Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects your Personal Financial Information, Live Storm Chasers, LLC will in no way be responsible or liable to you for any such breach.

Live Storm Chasers, LLC will not store any record of Personal Financial Information related to purchases or other transactions you make through the Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

The Services Products that are offered for sale by Live Storm Chasers, LLC or its corporate affiliates are each referred to as an “Offering”. Terms related to a specific product or service will accompany the Offering. In addition, these terms of sale apply to all Offerings. To make a purchase on the Services, you must be a registered Live Storm Chasers, LLC user. Live Storm Chasers, LLC sells its products only to those users who can legally make purchases with a credit card. You must be eighteen years of age to make a purchase on the Services, or, if you are under the age of eighteen but over the age of thirteen, you may make purchases on the Services with the knowledge and consent of your parent or legal guardian. Live Storm Chasers, LLC reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. We may accept various credit cards at any different times. However, by submitting an order through the Services, you authorize Live Storm Chasers, LLC, or its designated payment processor, to charge the account you specify for the purchase amount using your credit card if we accept it. All payments are to be made in United States Dollars.s.

8. NO WARRANTY

Livestormchasers.com And All Goods, Services And Content Appearing Or Available On Livestormchasers Are Provided “as Is” And On An “as Available” Basis. You Agree That Your Use Of Livestormchasers.com Shall Be At Your Sole Risk. To The Fullest Extent Permitted By Law, LSC And Its Affiliates And Their Respective Officers, Directors, Employees, And Agents Disclaim All Warranties, Express Or Implied, As To The Merchantability, Fitness For A Particular Use Or Purpose, Title, Non-infringement Or Any Other Warranty, Condition, Guaranty, Or Representation, Whether Oral, In Writing Or In Electronic Form In Connection With Livestormchasers.com And Your Use Thereof. Lsc Does Not Represent Or Warrant That Your Access To Or Use Of Livestormchasers.com Or The Services Offered Therein Will Be Continuous, Uninterrupted, Error-free Or Secure.
Lsc Makes No Warranties Or Representations About The Accuracy Or Completeness Of The Goods, Services Or Content On Livestormchasers.com Or The Goods, Services Or Content Of Any Sites Linked To Livestormchasers.com And Assumes No Liability Or Responsibility For Any (I) Errors, Mistakes, Or Inaccuracies, (Ii) Personal Injury Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To And Use Of Livestormchasers.com, (Iii) Any Unauthorized Access To Or Use Of Lsc’s Servers And/or Any And All Personal Information And/or Financial Information Stored Therein, (Iv) Any Interruption Or Cessation Of Transmission To Or From Livestormchasers.com, (Iv) Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted To Or Through Livestormchasers.com By Any Third Party, And/or (V) Any Errors Or Omissions In Any Goods, Service Or Content Or For Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of Any Content Posted, Emailed, Transmitted, Or Otherwise Made Available Via Livestormchasers.com.

Lsc Does Not Warrant, Endorse, Guarantee, Or Assume Responsibility For Any Goods Or Service Advertised Or Offered By A Third Party Through Livestormchasers.com Or Any Hyperlinked Website Or Featured In Any Banner Or Other Advertising, And LSC Will Not Be A Party To Or In Any Way Be Responsible For Monitoring Any Transaction Between You And Third-party Providers Of Goods Or Services. As With The Purchase Of Goods Or Services Through Any Medium Or In Any Environment, You Should Use Your Best Judgment And Exercise Caution Where Appropriate.

9. LIMITATION OF LIABILITY

In No Event Shall Wlsc or Its Affiliates or Their Respective Officers, Directors, Shareholders, Employees, or Agents, Be Liable to You for Any Direct, Indirect, Incidental, Special, Punitive, or Consequential Damages Whatsoever Resulting From Any (I) Errors, Mistakes, or Inaccuracies on Wntv, (Ii) Personal Injury or Property Damage, of Any Nature Whatsoever, Resulting From Your Access to and Use of Lsc, (Iii) Any Unauthorized Access to or Use of Our Secured Servers and/ or Any and All Personal Information and/or Financial Information Stored Therein, (Iv) Any Interruption or Cessation of Transmission to or From Wntv, (Iv) Any Bugs, Viruses, Trojan Horses, or the Like, Which May Be Transmitted to or Through Wntv by Any Third Party, and/or (V) Any Errors or Omissions in Any Content or for Any Loss or Damage of Any Kind Incurred as a Result of Your Use of Any Content Posted, Emailed, Transmitted, or Otherwise Made Available via Lsc, Whether Based on Warranty, Contract, Tort, or Any Other Legal Theory, and Whether or Not You Are Advised of the Possibility of Such Damages. The Foregoing Limitation of Liability Shall Apply to the Fullest Extent Permitted by Law in the Applicable Jurisdiction. You Specifically Acknowledge That Wntv Shall Not Be Liable for User Content or the Defamatory, Offensive, or Illegal Conduct of Any Third Party and That the Risk of Harm or Damage From the Foregoing Rests Entirely With You.

10. LIMITED MONITORING

LSC cannot publish all material submitted to the Service and has no obligation to post any material. LSC does not have an obligation to review posted material on the Services, and LSC cannot assure that the material will either be appropriate or appropriately expressed. Without limiting the foregoing, LSC shall have the right to remove any material that LSC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless LSC and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) these Terms of Service.

12. THIRD PARTY CONTENT

LSC is not a publisher of content supplied by third parties and users of the Services. Accordingly, LSC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of LSC. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. LSC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized LSC employee spokespersons while acting in their official capacities.

13. CHANGED TERMS

LSC has the right at any time to change or modify the terms and conditions applicable to use of the Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

14. THIRD PARTY LINKS

LiveStormChasers.com may contain links to third party websites that offer goods and/or services that are unrelated to LSC. LSC does not endorse or support such websites and has no control and assumes no responsibility for the goods and services, privacy policies, or practices of such websites. You expressly release LSC from any and all liability arising from your use of any third-party website. You should be aware of when you leave LiveStormChasers.com and read the terms and conditions and privacy policy of the websites you visit.

15. RESPONDING TO DO NOT TRACK SIGNALS

We may partner with third-party service providers to serve ads regarding goods or services that may be of interest to you when you access and use the Site and third party-platform. Some of the ads on this Site or on third party platform may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your computer’s browsing activity on both the Site and third-party platform. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags).

The Network Advertising Initiative offers useful information about internet advertising companies, including information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about interest-based advertising and how to opt-out from ads served by some or all participating companies.

These opt-out mechanisms rely on cookies to remember your choices. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests.

16. GOVERNING LAW

These Terms of Service shall be construed in accordance with the laws of the State of Missouri without regard to its conflicts of law principles.

17. JURISDICTION; VENUE

All disputes under these Terms of Service shall be resolved by the State Courts of Webster County in the State of Missouri or in the United States District Court for the District of Missouri, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it.

18. MISCELLANEOUS

These Terms of Service and the privacy policy constitute the entire agreement between you and LSC regarding the use of the Services. The failure of LSC to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operates to the fullest extent permissible by law. If any provision of these Terms of Service is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

19. PRIVACY POLICY

You agree to the terms of our Privacy Policy.

20. ONLINE STORE – MERCHANDISE | Terms/Policy

A full list of terms and conditions, including refund info, and more can be found here at this link at any time and is also listed as an agreement at the time of purchase!