These Terms of Service (“Terms”) govern your access to and use of the websites and mobile applications operated by STORMSTRIKE INC. (“Stormstrike,” “we,” “us,” or “our”), together with any related features, content, and services we make available (collectively, our “Services”). These Terms form a legally binding agreement between you and Stormstrike.
By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use our Services.
Contents
- Eligibility
- Your Account
- License to Use Our Services
- Intellectual Property
- User-Generated Content
- Acceptable Use
- Premium Features and Payment
- Third-Party Services and Links
- Mobile Applications
- Copyright Infringement (DMCA)
- Disclaimers
- Limitation of Liability
- Indemnification
- Termination
- Dispute Resolution and Arbitration
- Governing Law and Venue
- Changes to These Terms
- General Provisions
- Contact Us
Eligibility
You must be at least 13 years of age (or such other minimum age as may apply under the law of your region) to use our Services. By using our Services, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms.
If you are under the age of majority in your jurisdiction, you may use our Services only with the permission and supervision of a parent or legal guardian who agrees to these Terms.
If you are using our Services on behalf of an organization or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.
Your Account
Some features of our Services require you to create an account. When you create an account, you agree to provide accurate information and to keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree not to share your account credentials, transfer your account to another person, or allow anyone else to use your account. You must notify us promptly if you become aware of any unauthorized use of your account.
We may suspend or terminate your account, with or without notice, if we believe you have violated these Terms or for any other reason at our discretion. You may close your account at any time by following the instructions in our Services or by contacting us using the details in the Contact Us section below.
License to Use Our Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business use, solely as permitted by the functionality of the applicable Service and any additional terms that apply to it. This license does not include any right to:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any part of our Services or their content;
- remove any copyright, trademark, or other proprietary notices;
- transfer, sell, sublicense, or otherwise commercially exploit our Services or their content except as expressly permitted;
- use any automated means (such as bots, scrapers, or crawlers) to access our Services, except where expressly permitted;
- use Our Content or data from the Services to train, develop, or improve any machine learning or artificial intelligence model without our prior written consent; or
- frame or mirror any part of our Services on another site or platform.
We may revoke this license at any time if you violate these Terms.
Intellectual Property
Our Services, including all content, software, designs, graphics, logos, trademarks, and other materials made available by us (collectively, “Our Content”), are owned by Stormstrike or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Except for the limited license granted in these Terms, no rights are granted to you in Our Content, and you may not use Our Content for any purpose without our prior written consent.
Our Services may include or reference content owned by third parties, such as video game developers, publishers, and other rights holders. This third-party content remains the property of its respective rights holders, and we make no claim of ownership over it.
“Stormstrike,” our logos, and the names and logos of our individual Services are trademarks of Stormstrike. Other product and company names mentioned in our Services may be trademarks of their respective owners.
You may choose to submit suggestions, ideas, comments, or other feedback about our Services to us (“Feedback”). By submitting Feedback, you grant us a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free license to use that Feedback for any purpose, with no obligation to compensate, credit, or notify you. We are under no obligation to use or implement any Feedback, or to treat Feedback as confidential.
User-Generated Content
“User-Generated Content” or “UGC” means any content you submit, post, upload, share, or otherwise transmit through our Services, such as text, images, video, in-game builds, deck lists, guides, comments, and forum posts.
You retain ownership of your UGC. However, by submitting UGC to our Services, you grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works of your UGC, in any media now known or later developed, in connection with operating, promoting, and improving our Services. This license continues for as long as your UGC remains accessible through our Services and, to the extent necessary, for copies retained in backups, caches, archives, legal or compliance records, or content that remains referenced or incorporated in other materials. To the extent we have already used your UGC in commercial or promotional materials, the license also continues for those materials.
You represent and warrant that you own or have the necessary rights, licenses, and permissions to submit your UGC and to grant the license above, and that your UGC does not violate any third-party rights or applicable law.
We do not endorse, verify, or guarantee the accuracy of any UGC, and we are not responsible for UGC submitted by users. We reserve the right (but have no obligation) to review, monitor, edit, or remove any UGC at our discretion, including UGC that violates these Terms or that we otherwise consider objectionable.
UGC submitted to our Services may persist in various forms, including after the closure of an account. We may retain or remove UGC at our discretion, and we will handle personal information associated with closed accounts as described in our Privacy Policy.
You are responsible for maintaining your own copies of any UGC you submit. Our Services are not designed as a backup or archival service, and we do not guarantee the availability, retention, or recoverability of any content. We are not liable for any loss, deletion, retention, or modification of content you submit through our Services.
Acceptable Use
You agree not to use our Services to:
- violate any applicable law or regulation;
- infringe the intellectual property, privacy, publicity, or other rights of any person or entity;
- post or transmit content that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually explicit, hateful, or otherwise objectionable;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- post content that promotes violence, illegal activity, or harm to others;
- distribute spam, chain letters, pyramid schemes, or unsolicited advertising;
- collect, harvest, or gather information about other users without their consent;
- transmit viruses, malware, or other harmful code;
- interfere with, disrupt, or overburden our Services or the servers or networks that support them;
- bypass or attempt to bypass any security or access controls on our Services;
- use automated means to access, scrape, or copy data from our Services, except where expressly permitted;
- create multiple or duplicate accounts, or create an account using false information;
- engage in any conduct that could damage, disable, or impair our Services or interfere with any other user’s use of our Services; or
- commercially exploit, resell, sublicense, or make our Services or their content available to third parties except as expressly permitted.
You must also comply with any additional guidelines, rules, or policies posted within a particular Service or feature, which are incorporated into these Terms to the extent applicable.
We reserve the right to investigate and take appropriate action, including removing content, suspending or terminating accounts, and reporting to law enforcement, in response to any actual or suspected violation of these Terms.
Premium Features and Payment
We may offer paid features, premium memberships, or other paid services (collectively, “Premium Features”) on certain of our Services. By purchasing Premium Features, you agree to the following terms.
Payment processing. Payments for Premium Features are processed by third-party payment processors. For purchases made within our mobile applications, payments are processed by Apple (via the App Store) or Google (via Google Play) under their respective terms. You authorize us and our payment processors to charge your selected payment method for the applicable fees, taxes, and any other charges associated with your purchase.
Subscriptions. Where Premium Features are offered on a recurring subscription basis, your subscription will automatically renew for successive periods at the then-current price until you cancel. You may cancel at any time through the cancellation method made available for the applicable subscription, such as your account settings, your app store account, or by contacting us where supported. Cancellation takes effect at the end of your current billing period; you will retain access to Premium Features through that period.
No refunds. Except where required by applicable law, all payments are non-refundable. If you have a refund question related to a purchase made through the App Store or Google Play, you may need to contact the relevant app store directly.
Taxes. You are responsible for any applicable taxes related to your purchase, except for taxes based on our net income.
Changes to pricing. We may change the pricing of Premium Features from time to time. For active subscriptions, we will give you advance notice of any price changes, and you will have the opportunity to cancel before the new price takes effect.
Termination and paid items. Upon termination of these Terms or closure of your account, all Premium Features and related benefits associated with your account, such as virtual items, points, badges, cosmetics, or titles, will be permanently forfeited. We are not obligated to provide refunds, transfers, or replacements.
Third-Party Services and Links
Our Services may contain links to, or interoperate with, third-party websites, applications, or services that are not operated by us. We are not responsible for the content, policies, or practices of any third-party services, and the inclusion of any link does not imply our endorsement.
Your interactions with third-party services are governed by the terms and privacy policies of those services. We encourage you to review those terms and policies before using any third-party service.
Some links on our Services may be affiliate links, meaning we may receive a commission or other compensation when you click on those links or make a purchase through them. The presence of an affiliate link does not imply our endorsement of any linked product or service, and any resulting transaction is solely between you and the third party.
Mobile Applications
If you download any of our mobile applications, the following additional terms apply. You acknowledge that these Terms are between you and Stormstrike, not with Apple, Google, or any other app distribution platform, and we are solely responsible for our mobile applications and their content.
Apple App Store. If you download a mobile application from the Apple App Store, you agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you. Your use of our mobile application must comply with the Apple App Store Terms of Service.
Google Play. If you download a mobile application from Google Play, your use of the application must comply with the Google Play Terms of Service.
Device requirements and fees. You are responsible for any device, data, internet connection, and associated fees required to use our mobile applications.
Copyright Infringement (DMCA)
We respect the intellectual property rights of others. If you believe that content on our Services infringes your copyright, you may submit a notice of alleged infringement under the Digital Millennium Copyright Act (“DMCA”) to our designated agent.
Notice of alleged infringement. Your DMCA notice must include the following information (see 17 U.S.C. § 512(c)(3)):
- a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material claimed to be infringing, with information reasonably sufficient to allow us to locate it;
- your contact information, including address, telephone number, and email address;
- a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send DMCA notices to support@stormstrike.gg with “DMCA Notice” in the subject line.
Counter-notification. If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent. Your counter-notification must include:
- your physical or electronic signature;
- identification of the material that was removed or disabled and the location at which it appeared before removal;
- a statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification;
- your name, address, telephone number, and email address; and
- a statement that you consent to the jurisdiction of the federal court in the district where your address is located (or, if your address is outside the United States, in any district where Stormstrike may be found), and that you will accept service of process from the person who submitted the original DMCA notice or an agent of that person.
If we receive a valid counter-notification, we are required to forward a copy to the original complainant, including the contact information you provide. If you are concerned about disclosing personal information through this process, you may wish to consult an attorney before submitting a counter-notification.
Misrepresentation. Under federal law (17 U.S.C. § 512(f)), any person who knowingly makes a material misrepresentation in a DMCA notice or counter-notification may be liable for damages, including costs and attorneys’ fees, incurred as a result.
Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.
Disclaimers
Our Services and Our Content are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not warrant that our Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content, including UGC, made available through our Services.
You acknowledge that any reliance on content available through our Services is at your own risk. Information provided through our Services is for general informational purposes only and does not constitute professional advice.
You are solely responsible for your interactions with other users of our Services. We are not responsible for disputes between users, though we may take action under these Terms where appropriate.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Stormstrike, its affiliates, or its and their respective officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or related to your use of, or inability to use, our Services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, our total cumulative liability to you for all claims arising out of or related to these Terms or our Services will not exceed the greater of (a) the amount you have paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations in this section may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Stormstrike, its affiliates, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- your use of our Services;
- your violation of these Terms;
- your User-Generated Content;
- your violation of any rights of a third party, including intellectual property or privacy rights; or
- your violation of any applicable law or regulation.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
Termination
We may suspend or terminate your access to our Services, in whole or in part, at any time and for any reason, including for any violation of these Terms. Upon termination, your right to use our Services will cease immediately.
You may stop using our Services at any time. Doing so does not relieve you of any obligations that have already accrued.
The following sections survive termination of these Terms: User-Generated Content (with respect to UGC already licensed to us), Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, Governing Law and Venue, and General Provisions.
Dispute Resolution and Arbitration
Informal resolution. Before filing a formal claim, you agree to first contact us at support@stormstrike.gg to attempt to resolve the dispute informally. We will work with you in good faith to try to reach a resolution.
Binding arbitration. Except as otherwise provided below, any dispute, claim, or controversy arising out of or relating to these Terms or our Services that cannot be resolved informally will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted by a single neutral arbitrator. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Class action waiver. You and Stormstrike agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate the claims of multiple parties or preside over any form of class or representative proceeding. The class action waiver in this paragraph is an essential part of our agreement to arbitrate disputes; if a court determines that the class action waiver is unenforceable, then the agreement to arbitrate set out in this section is void, and any dispute will be resolved in court instead.
Carve-outs. Notwithstanding the foregoing, either party may (a) bring an individual claim in small-claims court in the county of your residence (or, for Stormstrike, in Clark County, Nevada), and (b) seek injunctive or other equitable relief in court to protect intellectual property rights.
Costs. Each party will bear its own costs of arbitration, except where the AAA Consumer Arbitration Rules or applicable law require otherwise.
Limitation period. Any claim or cause of action arising out of or related to your use of our Services or these Terms must be filed within one (1) year after it accrues. Claims not filed within this period are permanently barred, except where applicable law prohibits this limitation.
Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles. Subject to the Dispute Resolution and Arbitration section above, any judicial proceedings will be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to the personal jurisdiction of those courts.
If you access our Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Changes to These Terms
We may update these Terms from time to time at our discretion. Updates take effect upon publication at this same link, and we will revise the “Last updated” date above accordingly. If we make material changes, we will provide additional notice as required by applicable law. Your continued use of our Services after publication of an update constitutes your acceptance of the changes.
General Provisions
Entire agreement. These Terms, together with our Privacy Policy and any other terms we incorporate by reference, constitute the entire agreement between you and Stormstrike regarding our Services and supersede any prior agreements on that subject.
Promotions. From time to time, we may offer contests, sweepstakes, giveaways, or other promotions. These may be governed by separate official rules or additional terms, which will apply in addition to these Terms and will control in the event of a conflict.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be interpreted to give effect to its intent to the fullest extent permitted by law.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms or any rights under these Terms without our prior written consent. We may assign these Terms at our discretion, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
No agency. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Stormstrike.
Electronic communications. You consent to receive service-related, administrative, transactional, and legal communications from us electronically, including by email and through our Services. You agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Notices. Notices to us should be sent to the address in the Contact Us section below.
Contact Us
If you have any questions about these Terms or our Services, you may contact us at:
STORMSTRIKE INC. 9205 W Russell Rd, Suite 240 Las Vegas, NV 89148 United States
General inquiries: support@stormstrike.gg Privacy inquiries: privacy@stormstrike.gg