Login Let’s Storm
Let’s Storm
social social social social social

Terms of Service

updated: 09/01/2022

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by Token Storm LLC. (“Token Storm” or “we”). By clicking [“Submit Order”] or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver below. If you do not agree to these Terms, do not use our Services.

 

If you have any questions about these Terms or our Services, please contact us at [email protected]. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

 

Eligibility

 

You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

 

User Accounts and Account Security

 

You may need to register for an account to access some or all of our Services, such as the Token Storm wallet & Customer Dashboard. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. You agree that your account is not transferable and that in the event of your death, incapacity or unavailability, we may terminate any rights to your account.

 

We do not provide services of hold or custody the crypto currency or any other crypto assets belong to the Customers on the permanent basis. The Customers may use Token Storm wallet to keep obtained assets, but permanent holding of the crypto assets is not mandatory.

 

Collection by External Partners; Use and Sharing of Information for Authorized Reselling of NFTs 

 

We are an authorized reseller of non-fungible tokens (“NTFs”) for certain third parties which host our Services on their websites (“External Partners”). By purchasing a NFT through our Services that are located on an External Partner site, or by engaging with us on our External Partner’s site, you acknowledge and agree that you are intentionally interacting with and providing your personal information to both that External Partner and Token Storm, as described in our Privacy Policy. The External Partner’s posted site privacy policy informs you how it uses and shares your information, and Token Storm is not responsible for External Partner’s privacy practices.  We share personal information related to those transactions with that External Partner to manage our transactions with you. For more information about our privacy practices, please review our Privacy Policy at https://tokenstorm.com/privacy-policy/. 

 

Token Storm has not reviewed all of the material placed on the sites of the External Parties linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Token Storm of the site. Use of any such linked site is at Customer’s own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

 

Implementation of the Token Storm application by the External Partners mean that the External Partners fully accept the provisions set in this Terms of Services. Token Storms and External parties may perform additional integration of the Token Storm Services under the separate agreement.

 

Our Services do not include processing or transferring of funds of Customers. We provide only access to the collection of NFTs set by our External Partners. Token Storm does not trade or sale any crypto assets and act only on behalf and under the instructions of the Customer on acquisition of the NFTs.

 

Pricing

 

All necessary commissions and costs arising during the using of the Token Storm services shall be paid by the Customer.

 

Prohibited Conduct and Content

 

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

 

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Token Storm;
  • Sell, resell or commercially use our Services;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; 
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

When using Token Storm’s Services, you agree that your business activity does not engage in any of the following:

  1. Sale of travel-related services such as timeshares and discount vacation travel clubs via outbound telemarketing calls or mass emailing
  2. Sale via inbound telemarketing, including Adult Content, Audiotext, Videotext Merchant, Digital Content
  3. Prescription and proprietary drugs, nonprescription (over-the-counter) medicines, and related items
  4. Tobacco-based products such as cigarettes, electronic cigarettes, vaping devices and smokers’ supplies
  5. Betting, including Lottery Tickets, Casino Gaming Chips, Off-Track Betting and Wagers at Race Tracks
  6. Cyberlockers and similar remote digital file-sharing services where uploaded content is accessible to the public or the service pays uploaders for content
  7. Dating services
  8. Games of skill, such as daily fantasy sports gaming, where consumers pay a fee to enter and the outcome of the game is determined by skill instead of luck
  9. High-risk securities
  10. Sale via outbound telemarketing (telephone or mailing, excluding catalog)
  11. CBD
  12. Cannabis

 

Enforcement of this Section is solely at Token Storm’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

 

Token Storm is not responsible for any further usage of the acquired NFT’s made by the Customer. Token Storm is not responsible for any further adjustments of the price of the acquired NFT and it’s usage.

 

Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers (last checked on February 5, 2022).

 

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Token Storm LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

 

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service and may be terminated by Token Storm LLC at any time.

 

Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Token Storm or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

 

Trademarks

Token Storm. and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Token Storm and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Token Storm names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

 

Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Token Storm or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Token Storm’s sole discretion. You understand that Token Storm may treat Feedback as nonconfidential. 

 

Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Token Storm does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Token Storm and our officers, directors, agents, partners and employees (individually and collectively, the “Token Storm Affiliates”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Token Storm Affiliates of any third-party Claims, cooperate with Token Storm Affiliates in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Token Storm Affiliates will have control of the defense or settlement, at Token Storm’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Token Storm or the other Token Storm Affiliates.

 

Disclaimers 

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TOKEN STORM DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE TOKEN STORM ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. 

 

Limitation of Liability 

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOKEN STORM AND THE OTHER TOKEN STORM AFFILIATES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF TOKEN STORM OR THE OTHER TOKEN STORM AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. THE TOTAL LIABILITY OF TOKEN STORM AND THE OTHER TOKEN STORM AFFILIATES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES.
  3. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF TOKEN STORM OR THE OTHER TOKEN STORM AFFILIATES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

Release 

To the fullest extent permitted by applicable law, you release Token Storm and the other Token Storm Affiliates from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

 

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Token Storm and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

 

  1. No Representative Actions. You and Token Storm agree that any dispute arising out of or related to these Terms or our Services is personal to you and Terms and Conditions and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  2. Arbitration of Disputes. Except for small claims disputes in which you or Token Storm seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Token Storm seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Token Storm waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Token Storm you agree to first contact Token Storm and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Token Storm by email at [email protected] or by certified mail addressed to [legal address Token Storm]. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Token Storm cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Delaware unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section, a “consumer” means a person using the Services for personal, family or household purposes.  You and Token Storm agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 
  3. You and Token Storm agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 
  4. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, Token Storm, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.  
  5. You and Token Storm agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Token Storm will pay the remaining JAMS fees and costs. For any arbitration initiated by Token Storm, Token Storm will pay all JAMS fees and costs. You and Token Storm agree that the state or federal courts of the State of Delaware and the United States sitting in Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 
  6. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Token Storm will not have the right to assert the claim. 
  7. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by [email protected] or by certified mail addressed to [legal address Token Storm].In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section.
  8. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable. 

 

Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States, respectively, sitting in Delaware.

Modifying and Terminating our Services

 

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

 

Amendments

 

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

 

Severability

 

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

Miscellaneous

 

The failure of Token Storm to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect.  Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. 

 

[Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.]