Terms of Use

The Shit Storm (the “Site”) is a web site owned by Ahhyeeh, Inc. You are invited to submit articles, post  comments, sign up to receive newsletters and RSS feeds, and visit the Site. By  using the Site, you expressly acknowledge and agree that any use of the Site  will be in accordance with these Terms of Use.

If you do not agree to be bound by these Terms of Use, you may not use the  Site. The Site reserves the right to modify these Terms of Use at any time and  will publish notifications of material modifications at its sole discretion. By continuing to access the Site after notice of such modifications have been  published, you signify your agreement to be bound by them.

Violations

If you believe that any content on the Site violates the Terms of Use, please  notify the Site by sending an email to contactus@theshitstorm.com. The Site  does not guarantee that any action will be taken as a result of your email. The Site does not claim ownership of the content users submit, but grant us a license to use the content.

Our Facts, Opinions,  Analyses, or Predictions May Be Wrong

The content of the Site is offered for general information, discussion, and  entertainment purposes only. Some of the content is unmoderated by the site and  reflects the personal opinions of the posters. You should be skeptical about any  information on the Site because the information may be offensive, harmful,  and/or wrong.

Do Not Violate Posting or  Commenting Rules

You are responsible for your own postings and agree to access and use the  Site at your own risk on an as-is basis. Your postings should be truthful and  accurate. Do not make postings that involve the following:

  • Securities for sale, barter, or exchange
  • Harassment, defamation, threats, stalking, bullying, or violations of the  legal rights of others
  • Illegal activities
  • Impersonation of any person or entity, or falsely states or misrepresents  your affiliation with a person or entity
  • Infringement of another’s intellectual property, including, but not limited  to, trade secrets, trademarks and copyrights of any type
  • Obscene, vulgar, bigoted, hateful, or racially offensive language or  images
  • Commercial advertising
  • Gambling, contests, chain letters, “pyramid schemes,” or “multi-level  marketing” schemes
  • Violations of any applicable local, state, national, or international law in  connection with your use of the Site. This includes securities laws and  regulations.
  • Comments personally attacking the author of a post.

Furthermore, you agree that, if a third party claims that any material you  have contributed to the Site is unlawful, you will bear the full burden of  establishing that the material complies with all applicable laws.

Disclosure  Policy

The Site reserves the right to disclose any information as necessary to  satisfy any applicable law, regulation, legal process, or governmental request.  The Site may also edit, refuse to post, or remove any posting at the Site’s sole  discretion. The Site reserves the right to restrict access by any users whom the  Site believes, in its sole discretion, are engaged in inappropriate,  unprofessional, or unlawful conduct.

The Site reserves the right to remove content which, in its sole discretion,  violates any of the rules set forth herein of which it becomes aware, but is  under no obligation to do so. If you are offended by any content of the Site,  stop using the Site.

Disclaimer

The Site includes unmoderated information containing the personal opinions  and other expressions of the persons who post entries on a wide range of topics.  Such entries are the opinions of the specific authors and are not statements of  advice, opinion, or information of the Site or any or any Site-affiliated person  or entity.

Neither the content of the Site, nor the links to other websites contained  therein, are routinely moderated, screened, approved, reviewed, or endorsed by  the Site or any Site-affiliated person or entity.

The Site and any information, products or services therein are provided “as  is” without warranty of any kind, either express or implied, including without  limitation, the implied warranties of merchantability, fitness for use of a  particular purpose, or noninfringement.

The Site does not warrant that the Site will operate in an uninterrupted or  error-free manner or that the Site is free of viruses or other harmful  components. Use of information obtained from or through the Site is at your own  risk.

The site is not liable for any loss or damages including, but not limited to,  claims for defamation, errors, loss of data, or interruption in availability of  data arising out of the use or inability to use the Site or any links; to your  placement of content on the Site; or to your reliance upon information obtained  from or through the Site or through links contained on the Site.

The Site is not an intermediary, broker/dealer, investment adviser, or  exchange and does not provide services as such.

Licenses

In consideration for your agreement to these Terms of Use, the Site grants  you a personal, non-exclusive, non-transferable, revocable license to access and  use the Site. You may access the material on the Site only for your own  personal, non-commercial use. The burden of determining that use of any  information obtained from the Site is permissible rests with you.

By posting to or otherwise engaging in any communication within the Site, you  are granting the Site (or any of its assignees) a perpetual, royalty-free, and  irrevocable right and license to use, reproduce, modify, adapt, publish,  translate, distribute, transmit, publicly display, publicly perform, sublicense,  create derivative works from, transfer, and sell any such information.

Choice of Law and  Forum

You agree that any dispute arising out of or relating to these Terms of Use  or any content posted to the Site, including copies and republication thereof,  whether based in contract, tort, statutory, or other law, will be governed by  the laws of the State of Delaware, excluding its conflicts of law provisions.  You further consent to the personal jurisdiction of and exclusive venue in the  federal and state courts located in and serving New York, New York as the legal  forum for any such dispute.

Copyright  Policy

Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium  Copyright Act (the “DMCA”), the Site has instituted procedures to receive  written notification of claimed infringements and to process such claims in  accordance with the DMCA. If you believe your copyrights are being infringed,  please fill out the Notice of Infringement form below and mail it to Ahhyeeh, Inc.

The Notice of Infringement contains requested information that substantively  complies with the safe harbor provisions of the Digital Millennium Copyright  Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this  subsection, a notification of claimed infringement must be a written  communication provided to the designated agent of a service provider that  includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf  of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or,  if multiple copyrighted works are covered by a single notification, a  representative list of such works at that Site.
  • Identification of the material that is claimed to be infringing or to be the  subject of infringing activity and that is to be removed or access to which is  to be disabled, and information reasonably sufficient to permit the service  provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact  the complaining party such as an address, telephone number, and if available, an  electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of  the material in the manner complained of is not authorized by the copyright  owner, its agent or the law.
  • A statement that the information in the notification is accurate, and under  penalty of perjury, that the complaining party is authorized to act on behalf of  the owner of an exclusive right that is allegedly infringed.
  • Notification from a copyright owner or from a person authorized to act on  behalf of the copyright owner that fails to comply substantially with the  provisions above shall not be considered as providing actual knowledge or an  awareness of facts or circumstances from which infringing activity is  apparent.

Please email to contactus@theshitstorm.com a separate Notice of Infringement  each time you would like to report alleged acts of infringement.

Unauthorized  Use

Unauthorized use of the Site in connection with the transmission of  unsolicited e-mail, including the transmission of e-mail in violation of this  policy, may result in civil, criminal, or administrative penalties against the  sender and those assisting the sender.

Indemnification

You agree to indemnify and hold the Site and any Site-affiliated person or  entity harmless from any claims, losses or damages, including legal fees,  resulting from your violation of these Terms of Use, your use of the Site or  your placement of any content onto the Site, and to fully cooperate in the  Site’s or or any Site-affiliated person’s or entity’s defense against any such  claims.

Integration

These Terms of Use constitute the entire agreement between you and the Site  and any Site-affiliated persons or parties with respect to the subject matter  herein and supersedes any and all prior or contemporaneous oral or written  agreements.

 


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