Terms of Service

Terms of Service

Effective Date: August 4, 2025
Last Updated: August 4, 2025

Acceptance of Terms

By using services provided by Thunderstruck Media LLC or Distinctly Montana Magazine ("we," "us," "our"), you agree to these Terms of Service.

Services Provided

We provide:

  • Magazine subscriptions (print and digital)
  • Advertising services
  • Digital marketing solutions
  • SMS communication services
  • Website access and content

Copyright and Intellectual Property

Copyright and trademark laws protect the entire contents of the Distinctly Montana website and publications. The owner of the intellectual property, copyrights and trademarks is Thunderstruck Media LLC, its affiliates or other third party affiliates or licensors.

You are prohibited from reproducing, republishing or otherwise utilizing the site content without the express written permission of Thunderstruck Media LLC. You may print and download portions of material solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices.

DMCA Notice Procedure

To report copyright infringement, send a DMCA notice to:

  • Email: [email protected]
  • Include: Description of copyrighted work, location of infringing material, your contact information, statement of good faith belief, and signature

User Submissions and License

You grant to Thunderstruck Media LLC dba Distinctly Montana a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create, publicly display and publicly perform any materials you submit to any public areas of the site or by email. You also grant the right to use your name in connection with the submitted materials and related advertising, marketing and promotional material.

Trademarks

Distinctly Montana, its website, publications, and services are the exclusive trademarks or service marks of Thunderstruck Media LLC. Any use of our trademarks is strictly prohibited without express written permission.

User Obligations

You agree to:

  • Provide accurate information
  • Use our services lawfully
  • Not interfere with service operations
  • Pay all fees when due
  • Respect intellectual property rights

In using our site, you will NOT:

  • Transmit unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or libelous content
  • Impersonate any person or entity
  • Post material you don't have rights to transmit
  • Post material containing viruses or corrupted data
  • Delete author attributions or legal notices
  • Post unsolicited advertising, spam, or chain letters
  • Violate any applicable laws
  • Infringe any patent, trademark, trade secret, or copyright
  • Manipulate the site using framing or similar technology

Payment Terms and Refunds

Subscriptions

  • Fees are due upon order
  • Subscriptions are manually renewed unless auto-renewal is specifically requested
  • Auto-renewal customers receive 30 days notice before charging
  • Refunds: We will refund the unused balance of any subscription upon request

Advertising Services

  • Payment due upon order or as specified in advertising agreement
  • No refunds once advertising services have been delivered
  • Cancellations must be made before published deadlines

Accepted Payment Methods

  • Major credit cards
  • Checks
  • Electronic payment methods

SMS Services

By enrolling in SMS services:

  • You consent to receive messages at the number provided
  • Standard message and data rates apply
  • You can opt-out anytime by texting STOP
  • You certify you are 18+ or have parental consent if 13-17

Disclaimers

WE PROVIDE THE SITE AND SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING FROM YOUR USE OF THE SERVICES.

Limitation of Liability

IN NO EVENT WILL THUNDERSTRUCK MEDIA LLC BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN THE PRECEDING 12 MONTHS.

Indemnification

You agree to indemnify, defend and hold harmless Thunderstruck Media LLC, its officers, directors, employees, agents, licensors, and suppliers from all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement by you.

Dispute Resolution and Arbitration

Arbitration Agreement

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall be conducted in Gallatin County or Silver Bow County, Montana, at the sole discretion of Thunderstruck Media LLC.

Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.

Third Party Dealings

Your dealings with third parties found on or through our site are solely between you and such third party. We are not responsible for any loss or damage incurred as a result of such dealings.

Links to Other Sites

We may provide links to third-party websites. We have no control over such sites and are not responsible for their content or your use of them.

Account Termination

We may terminate or suspend your account and access to services immediately, without prior notice, for:

  • Violation of these Terms
  • Non-payment
  • Conduct that we believe harms us or other users
  • Legal requirements

Governing Law

These terms are governed by Montana law. Any legal action must be brought exclusively in federal or state court in Gallatin County or Silver Bow County, Montana, at the sole discretion of Thunderstruck Media LLC. Any claim must be commenced within one (1) year after it arises.

Changes to Terms

We may modify these terms with 30 days' notice via email or website posting. Your continued use after the effective date constitutes acceptance of the new terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact Information

Thunderstruck Media LLC / Distinctly Montana
Email: [email protected]
Phone: 406-600-7660
Address: 280 W Kagy Blvd, STE D-286, Bozeman, MT 59715

Any rights not expressly granted herein are reserved.