Welcome to Burstorm. Use of any Burstorm applications and services (also referred to as "Services") by any End User is governed by the terms and conditions contained here ("Terms and Conditions"). By using any component of the Burstorm Services, regardless of whether or not you have provided any information through the Services, you are stating that as an End User, you agree to be bound by the following Terms and Conditions:
Copyright And Trademarks
All materials provided on e-mails or Web pages generated by Burstorm, including, but not limited to, information, documents, content, products, graphics, sounds, images, and software, are provided either by Burstorm or its third party licensors and are protected by Burstorm or its third party licensors' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. In particular, Burstorm, the Burstorm logo, and all other Burstorm-based marks are trademarks of Burstorm, you agree not to use any such trademarks without the prior written permission of Burstorm.
End User Registration
As a condition of using the Services, if you decide to provide information as prompted by various forms, you agree to provide true and accurate information. If Burstorm suspects that any information provided by you is untrue or inaccurate, Burstorm has the right to terminate your use of the Services.
End User Conduct And Acceptable Use
You agree to abide by all applicable local, state, national and international laws and regulations in connection with the Services. Burstorm is a conduit for all data ("Data") that you post and send and receive through its Services. Data is defined to include, but is not limited to, any information, data, text, software, music, sound, photographs, graphics, video, messages, Web content or other materials, whether publicly posted or privately transmitted. By way of example, and not as a limitation, you agree that you are in violation of this Agreement, and Burstorm may immediately terminate your use of its Services, if Burstorm believes, in its sole discretion, that you are engaged in any of the following activities:
- Creating or transmitting Data that contains nudity, pornography, or other content harmful to a minor;
- Using the Services for illegal purposes or for posting Data that is obscene, tortious, libelous, invasive of another's privacy, providing instructional information about illegal activities, or otherwise unlawful;
- Violating the rights of third parties, including but not limited to rights of publicity, copyright, trademark, patent, trade secret and other intellectual property rights;
- Interfering with, disrupting or violating the regulations, policies, or procedures of the Services or servers, computer systems, or networks connected to the Services, or interfering with another End User's use and enjoyment of the Services, including but not limited to (a) transmitting any Data that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs, or (b) attempting to gain unauthorized access to the Services or private mailing lists on the Services;
- Providing false information on registration forms, or attempting to mislead others as to the identity of the sender, replier, or the origin of a communication facilitated by Burstorm;
- Using the Services to facilitate chain letters, pyramid schemes, Ponzi schemes, and other similarly illegal forms of solicitation; or
- Distributing Data containing hyperlinks to sites that contain content prohibited on the Services.
Burstorm Clients may create e-mails and Web pages that contain links to other Internet sites. Burstorm is not responsible for the availability of these outside resources, or their contents, nor does Burstorm endorse or take responsibility for any of the content, advertising, products or other materials on such sites. Under no circumstances shall Burstorm be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to the respective site administrator or Webmaster of a particular Client.
No Resale Of Services
You agree not to resell, lease, rent, or distribute or make any commercial use of the Services or access to the Services.
Use Outside Of The United States
Burstorm controls and operates its Services within the United States, and makes no representation that its Services are appropriate or available for use outside of the United States. If you use the Services from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
Modifications To Terms And Conditions
Burstorm reserves the right to change these Terms and Conditions and the right to modify or discontinue the Services at any time without notice to you. You agree that Burstorm shall not be liable to you or any third party for any change in these Terms and Conditions, or any modification to or discontinuance of the Services. Any modifications to the Terms and Conditions will be posted here within these Terms and Conditions. Continued use of the Services after any such changes shall constitute your consent to such changes.
You agree to indemnify, defend and hold harmless Burstorm and its parents, subsidiaries, affiliates, directors, officers, shareholders and employees from any loss, liability, claim, demand, damage, or expenses (including attorneys' fees) asserted by any third party due to or arising from or in connection with your use of or conduct related to the Services. Burstorm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
Disclaimer Of Warranties
THE SERVICES AVAILABLE THROUGH BURSTORM AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BURSTORM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.