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TERMS OF SERVICE

Before using any aspect of this website, please make sure you have thoroughly read the accompanying Terms of Use. Greetings and salutations from tempestlume.com and its brands, content, and subtempestlumes (collectively, the "Site"). You must read these terms of use before using this website in order to be aware of your legal rights and obligations toward the website owner. (also known as "Company," "us," "we," or "our"). Unless otherwise forbidden by law, by using this website, you agree to be bound by the following terms: the Privacy Policy and the Terms of Use, which may be found by clicking on the 'Privacy Policy' link (hereafter referred to as the 'Terms'). By signing this document, you give up any claim you might have to obtain a physical signature (rather than an electronic one) or to produce and keep paper records. We kindly request that you not use or access this website if you disagree with our terms and conditions.

1. Modification:

We reserve the right to modify these Terms at our sole discretion. Such adjustments will be effective ten (10) days after the updated Terms are posted on the Site, and your continued use of the Site after such time will constitute your acceptance of the changes.

2. Accessibility:

Please be aware that individuals eighteen (18) years of age or older are the only ones permitted access to the Site. You are not allowed to access or use the Site if you are younger than eighteen.

3. Website Use:

We hereby grant you permission to access and use the Website while these Terms are in effect, provided that you comply with these Terms and all applicable laws.

4. Restrictions:

Except as may be specifically allowed in these conditions, you are not allowed to: (i) copy, distribute, or modify any part of the Site; (ii) use, modify, create derivative works of, transfer (by sale, resell, license, sublicense, download, or otherwise), copy, distribute, display, or disclose any Content (as defined below); (iii) interfere with any servers or networks connected to the Website; (v) use or activate any automated system, including but not limited to "robots."

5. Intellectual property protection:

5.1. The following applies in terms of intellectual property protection: (i) The content of the website, which includes written works, articles, brochures, descriptions, goods, software, images, sounds, videos, interactive features, and services (collectively, "Materials") that are owned by the company or its licensors. The trademarks on this website, including the logo, belong to a connected corporation or one of its affiliates. The owners of all other trademarks, service marks, and logos that appear on this website are the rightful owners. All rights not specifically granted in relation to the Site and the Content are reserved by us.

5.2. Content Use Restrictions: You may only use the information on this site for personal and informational purposes. You are not permitted to use, alter, copy, distribute, transmit, send, broadcast, display, license, decompile, reverse engineer, or utilize the content for any other purpose (including the creation of derivative works) without first obtaining our prior written consent. All copyright and other proprietary information must be retained if you download or print a copy of the Content.

6. Third party content and sources:

6.1. You may view, access, link to, and make use of Third Party Content (as defined below) on our website. Such "Third Party Content" is not our property or under our control. Through the Website, you can also engage in conversation and interaction with third parties. "Third Party Source(s)" includes our partners and customers as well as (i) websites and services provided by third parties.

6.2. These third parties are outside of our control. We disclaim all liability for the privacy policies, terms of use, acts, and practices of these third parties. We strongly advise you to thoroughly read the terms of use and privacy policies of each third-party source you deal with before taking any such action.

6.3. It is important to note that we do not guarantee the correctness, appropriateness, utility, safety, or intellectual property rights (as defined below) of any content provided by third parties.

6.4. Content from third parties that may be untrue, derogatory, pornographic, or otherwise objectionable may be encountered by you while using the Site. You are always free to use and view content created by third parties or to engage with them. Please be aware that any interactions you have with third-party sources, the usage of their content, and your reliance on it are entirely at your own risk.

6.5. You assume full responsibility and liability for your interactions with third-party sources. By using and interacting with Third Party Content and Third Party Sources, you agree to waive any legal or equitable rights or remedies you may have against the Affiliate and release it from any and all liability arising from your use and interaction with content from third parties and third party sources. If you have any questions or complaints regarding a Third Party Source or Third Party Content, you agree to contact the Third Party Source directly.

7. User contributions:

7.1. Responsibility. You and other users can upload, host, distribute, and publish content on the site (referred to as "User Contributions"). Please be aware that we cannot guarantee the secrecy of such User Submissions, even if they are published. Your User Contributions and the effects of publishing, sharing, or uploading them are your responsibility. We reserve the right to monitor, censor, edit, remove, delete, and remove any content submitted on the Site, including User Contributions, for any reason and at any time, at our sole discretion and without prior notice.

7.2. Ownership: You grant the Company the right to use your User Contributions in accordance with the Site and these Terms, and you represent and warrant that you have all necessary rights and permissions to utilize any Intellectual Property Rights (as defined below). Unless otherwise indicated, all references to content in this text also pertain to user contributions. All rights, titles, and interests, domestic or foreign, in and to trade secrets, patents, copyrights, service marks, trademarks, know-how, and similar intellectual property rights are included in the term "intellectual property rights," along with moral rights, privacy rights, publicity rights, and similar rights of any kind that are established by laws or regulations of any governmental, regulatory, or judicial body, domestic or foreign. Your User Contributions are entirely your own.

7.3. License for User Submissions: By submitting User Submissions to Affiliate, you grant Affiliate a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, create derivative works of, display and perform the User Submissions on the Related to the Company's website and business. This includes redistributing part or all of your User Submissions (including derivative works) in any media form. In addition, you grant each user of the Site, viewer or user of the User Submission a non-exclusive license to use, reproduce, distribute, create derivative works of, display and perform such User Submissions in accordance with these Terms.

7.4. Prohibited Material: You expressly acknowledge that you shall not display, share, submit, publish, upload or transmit any User Contributions that: (i) are unfair or misleading under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise owned by third parties, including privacy and publicity rights, unless you are the owner of such rights; (iii) pose a threat to the safety or health of any person, pose a threat to public safety or health, endanger national security, or interfere with a law enforcement investigation; (iv) impersonate another person; (v) promotes illegal drugs, violates export control laws, involves illegal gambling, or engages in illegal arms trafficking; (vi) is unlawful, defamatory, libelous, dangerous, pornographic, harassing, hateful, racially or ethnically offensive.

7.5. Exposure: You understand and agree that by accessing and using the Site, you may encounter User Contributions that are untrue, derogatory, indecent, or objectionable. You will also be exposed to User Submissions from a variety of sources, and the Company disclaims all liability regarding the accuracy, usefulness, safety, or intellectual property rights of such User Submissions. Regarding paragraphs (i) and (ii) of this Agreement, you hereby waive any and all legal and moral rights and remedies that you may have.

8. Description of Information:

We strive to be as accurate as possible. However, we cannot guarantee that the content of the website is accurate, comprehensive, reliable, current or error-free. At our sole discretion, we reserve the right to change the content or any part thereof without the need for notice or after such changes have been made. Your use of the Content or any portion thereof is at your own risk and sole responsibility.

9. Disclosure:

We reserve the right to access any information received in connection with the Site and your use thereof as we believe appropriate to comply with (i) any applicable law, regulation, legal process, subpoena or governmental request (ii) enforce the Site Terms, including investigating possible violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or ( v) comply with applicable law.

10. Left:

10.1. The Website may contain links to third-party websites and may allow you to post content to such websites. We have no control over third-party websites and assume no responsibility for their content, privacy policies or practices. You expressly release the Company from any and all liability arising from your use of any third-party website. Therefore, we recommend that you carefully read the terms and conditions and privacy policies of every third-party website you visit.

10.2. You may link to the Website provided that: (i) you link to a page on this Website without reproducing it; (ii) the link text accurately reflects the content as it appears on the website; (iii) you will not misrepresent your relationship with the affiliate or make any false statements about the company or in any way imply our endorsement of any services or products unless we have given you our express permission in advance; (iv) you do not use meta tags.

11. Data protection.

We will use any personal information collected or received in connection with this website in accordance with our privacy policy, which can be found at the Privacy Policy. You agree to the use of your personal information in accordance with our privacy policy.

12. Disclaimers of Warranties.

12.1. This section applies regardless of whether the services provided through the website are paid or not. To the extent applicable law prohibits the exclusion of certain warranties, certain exclusions set forth herein may not apply.

12.2. The website is provided “as is” and “as available” without any warranties of any kind, whether express or implied. The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as those arising from statute or trade usage or practice. The Company does not guarantee that the Website is free from errors and viruses. From time to time, the Site may be inaccessible for routine maintenance, updates, or other reasons. You agree that the Company is not liable for any consequences that may arise to you or any third party from technical Internet problems, slow connections, traffic congestion or server overload on our servers or other servers.

12.3. User Reviews Disclaimer. The Company makes no representations or warranties regarding the content appearing in User Reviews and disclaims any responsibility for such content.

12.4. Ownership of User Reviews. You expressly acknowledge that the Company is not responsible for any user reviews or the conduct of any Website user, including any defamatory, offensive, unlawful or negligent conduct, and that the risk of injury or damage resulting from any of the foregoing rests entirely with suits you.

12.5. Your own responsibility when using the content of the website and interacting with third parties. Your reliance on or use of any content on the Site, including but not limited to user reviews, or interaction with any third parties featured on the Site is entirely at your own risk. If you have a dispute with a third party arising out of or related to your use of the Site, you agree that Company will not be liable for any claims or damages arising out of or related to such dispute.

12.6. Security guarantees. Except as expressly stated in our Privacy Policy, we make no representations, warranties or conditions of any kind, express or implied, as to the security of the information you provide.

12.7. Alternative sources of income. We strive to provide you with useful information about the products and services featured and reviewed. However, in order to provide you with this information free of charge, we need to pursue alternative sources of revenue. For example, we may charge a placement fee from third parties featured on our website, and we may charge a fee for each click that a user makes on one or more of these parties and/or actually purchases products/services from them. However, in all cases, the revenue paid to the Company has no influence on the content presented on our website about any particular third party.

13. Limitations of Liability:

13.1. Limitations of Liability. The Organization shall not be liable for any indirect, exemplary, special, substantial or incidental damages or for any loss of data, revenue, profits or reputation arising from these Terms or your use of the Website or your inability to use the Website even if Company has been advised of the possibility of such damage or loss. Some jurisdictions prohibit the limitation or exclusion of liability for incidental or substantial damages, so you may not be subject to these limitations.

13.2. Maximum liability. In no event will the Company's total liability for any damages arising from these Terms or your use of or inability to use the Site exceed $1,000.

14. Exemption.

You agree to defend, indemnify and hold harmless the Company and its affiliates and their respective officers, directors, employees and agents from and against any and all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising from: ( i) your use of the Website or your inability to use the Website; (ii) your User Contributions; (iii) your interactions with other users of the Site; or (iv) your violation of these Terms.

15. Duration and Termination.

These Terms will remain in effect unless terminated by you or Affiliate. The Company reserves the right, in its sole discretion, to immediately terminate these Terms and/or your access to the Site or any part thereof, with or without cause (including, but not limited to, any violation of these Terms). Company will not be liable to you or any third party for any termination of the Site or any part thereof. If you object to any term or condition of these Terms or any subsequent changes thereto, or if you are dissatisfied with the Website for any reason, your sole recourse is to immediately discontinue using the Website. Upon expiration or termination of these Terms, you must cease all use of the Site. This Section 15 and Sections 5 (Intellectual Property Rights), 7.3 (License for User Contributions), 11 (Privacy), 12 (Disclaimer), 13 (Limitation of Liability), 14 (Indemnification) and 16 (Independent Contractors) through 18 (General) remain effective upon termination of these Terms.

16. Independent Contractors.

You and the Company are both independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship between you and the Company. Under no circumstances shall you make or assume any representation, representation, obligation, or liability on behalf of the Company.

17. Transmission.

These Terms, and any rights and licenses granted herein, may not be transferred or assigned by you, but Company may do so without your consent or restriction.

18. General.

The Company reserves the right to terminate or change any aspect of the Site at any time. These Terms and the relationship between you and the Company shall be governed by the laws of the state in which the Company belongs, without regard to its conflict resolution principles. With respect to the Site, these Terms constitute the entire agreement between you and the Affiliate. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, this will not affect the validity of the remaining provisions. No waiver of any provision of these Terms will be construed as a further or continuing waiver of such provision or any other provision, and the failure of either party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision .YOU AGREE THAT ANY ACTION YOU MAY HAVE ARISING FROM USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

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