Terms and Conditions

Last Updated: August 5, 2025

These Terms and Conditions ("Terms") govern your use of the website stormrainsky.com (the "Site"), owned and operated by Kadian James ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use any services.

1. Agreement to Terms

By using this Site, you confirm that you are at least 18 years of age or accessing the Site under the supervision of a parent or guardian. You agree that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Disclaimer: No part of this website or its content may be reproduced, distributed, or transmitted in any form or by any means, without the prior written permission of the owner.

3. User Representations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms and Conditions.
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Site for any illegal or unauthorized purpose.
• Your use of the Site will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Prohibited activities include, but are not limited to:

• Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Making any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Circumventing, disabling, or otherwise interfering with security-related features of the Site, including features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Engaging in unauthorized framing of or linking to the Site.
• Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
• Using any information obtained from the Site in order to harass, abuse, or harm another person.
• Using the Site as part of any effort to compete with us or otherwise using the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. User-Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.

6. Purchases and Payment

We may accept various forms of payment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. Return/Refund Policy

Please refer to our separate Refund Policy for details regarding returns and refunds. By making a purchase on this Site, you acknowledge that you have read and agree to our Refund Policy.

8. Website Management

We reserve the right, but not the obligation, to:

• Monitor the Site for violations of these Terms and Conditions.
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions.
• Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
• Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

9. Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION.

10. Modifications to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

11. Governing Law

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles.

12. Dispute Resolution

Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in the federal or state courts located in the United States of America.

13. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

• By email: stormrainsky@gmail.com
• By visiting our website: stormrainsky.com
• Owner: Kadian James
• Country: USA