Terms And Conditions
NETWEATHER USER LICENSE AGREEMENT ("Agreement")
THE FOLLOWING TERMS CONTAIN IMPORTANT INFORMATION CONCERNING YOUR USE OF THE NETWEATHER SERVICE AS WELL AS IMPORTANT DISCLAIMER NOTICES ABOUT THE WEATHER INFORMATION AND OTHER MATERIALS MADE AVAILABLE BY ACCUWEATHER. PLEASE READ THE TERMS CAREFULLY. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN.
1. The weather information, widget, Launching Code for the widget, and any other information or materials furnished to you by AccuWeather, Inc. ("AccuWeather") hereunder (the "Service") are is intended for your sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with AccuWeather. You shall be fully responsible for maintaining confidentiality of account access information and for all charges made to your account.
2. Use of Service. You desire to permit visitors who come to your website to view selected weather content and other information acquired by you through and from AccuWeather and you are hereby authorized to do so, subject to the terms and conditions stated herein. You shall not push or redistribute the weather information or any other part of the Service to others without a specific license from AccuWeather. AccuWeather shall be identified as the source of the information. The Service, as provided to you, may contain third party advertisements and/or hyperlinks to AccuWeather's website and will be in the form and format as determined by AccuWeather from time to time. It is your responsibility to update and maintain the trademark, patent, copyright or other licenses necessary in order to display or use the Service on your site. You shall also be responsible for obtaining and maintaining, at your sole expense, any equipment needed to access and use the Service as authorized herein. AccuWeather reserves the right to terminate this Agreement and/or modify or discontinue the Service provided hereunder, or any aspect or feature thereof, at any time. The Service is available only to individuals age 18 and older. You represent that you are at least 18 years of age and have the capacity to create a binding legal obligation regarding your use of the Service. You further represent and warrant that you have all necessary rights and authority to grant any consents, authorizations and/or approvals required of you herein.
3. Restricted DMA's. If you are a TV/Radio Station, you agree that you will not display any weather information or other content provided by AccuWeather in a Restricted DMA. In addition, regardless of whether or not you are a TV/Radio Station, you agree that you will not allow any weather information or other content provided by AccuWeather to be displayed in a Restricted DMA on the same screen as any content originating from, promoting or otherwise relating to a TV/Radio Station. For purposes of this Agreement, "TV/Radio Station" means an entity that is owned, controlled and/or operated by or on behalf of a radio station, television station, television network, cable station, satellite to home station, or any entity that distributes local television programming, or any affiliate of any of the aforementioned entities, or any similar entity. "Restricted DMA" means any of the following Designated Market Areas in the United States: New York, New York; Los Angeles, California; Chicago, Illinois; Philadelphia, Pennsylvania; San Francisco, California; Houston, Texas; Raleigh, North Carolina; and Fresno, California. Note that AccuWeather may update the list of Restricted DMA's from time to time. Please check back on a regular basis.
5. Access. The Service supplied by AccuWeather is made available on an electronic site in State College, Pennsylvania and/or other sites AccuWeather shall designate. For the purposes of determining situs with regard to taxation, jurisdiction or other issues, it is agreed that the situs of the information, receipt and transfer is in Pennsylvania. A trademark or copyright or copyrightable work contained within the information downloaded is considered a use or publication of the trademark or copyright in both the location in which it has been accessed in Pennsylvania at the host site and at the location of the user. You shall not claim trademark or copyrights in any information accessed from AccuWeather.
6. Trademarks. You are hereby granted the nontransferable, non-exclusive right to use the trademark AccuWeather and the AccuWeather logos for the sole purpose of providing attribution to AccuWeather as the provider of the information supplied by AccuWeather. AccuWeather may terminate your right to use the AccuWeather trademarks upon your failure to use the marks as specified in this Agreement. No other rights are granted herein to AccuWeather intellectual property unless specifically stated herein or in a separate written license agreement. AccuWeather retains all rights, title and interest, including rights of trademark, copyright, and patent, in those things defined herein as "Property of AccuWeather". "Property of AccuWeather" is hereby defined to include all intellectual property rights, title and interest in (a) the Service and any reports, forecasts, graphics, widget, Launching Code, data, equipment, distribution rights, and information furnished pursuant hereto; the trademark AccuWeather, identifiers embodying "ACCU" as all or a portion thereof; any tradenames, trademarks, service names, symbols, identifiers, URL's, formats, designs, devices, patents or other proprietary products, information or distribution rights owned by or licensed to AccuWeather, Inc. and (b) any other tradenames, trademarks, service marks, symbols, identifiers, URL's, formats, designs, devices, distribution rights, identifiers embodying "ACCU" as all or a portion thereof; any other tradenames, trademarks, service names, symbols, identifiers, URL's formats, designs and devices, or distribution rights; as any may be used to designate the products and services furnished by AccuWeather, Inc. or used in connection with the products and services by either party. You agree to disclose to AccuWeather any uses of the Property of AccuWeather of which you become aware which fall outside the scope of the license granted hereunder and to either terminate the unlicensed use or work to secure a license from AccuWeather, Inc. for the use. When the Property of AccuWeather is displayed or used in publications of any kind or through any media, it shall be indicated that such is owned by AccuWeather, Inc. by placing a small "R" in a circle proximate to such property or by affixing other proper registration, copyright or proprietary notice. Following termination of this Agreement, you shall not use the Property of AccuWeather, whether protectable under law or not, and you shall not duplicate or imitate same in any manner.
7. Indemnity, Representations and Warranties. You hereby agree to indemnify and hold harmless AccuWeather from and against any and all claims, demands, actions, and any liabilities, damages or expense resulting therefrom (including court costs and reasonable attorney's fees) arising out of or relating to your use of the Service or trademark usage provided by AccuWeather pursuant to this Agreement. Your obligations under this paragraph shall survive termination of this Agreement for any reason. You also represent and warrant that your website does not and will not (i) incorporate images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, or harassing; (ii) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or (iii) promote illegal activity or incorporate any materials which infringe or assist others to infringe any copyright, trademark, patent, or other intellectual property rights.
8. Events Beyond AccuWeather's Control. AccuWeather shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third parties to perform, continue or renew their contractual arrangements with AccuWeather, nor inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of AccuWeather. AccuWeather makes no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, data, or information state, represent or depict and it shall have no responsibility or liability whatsoever to you or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or occurred. ACCUWEATHER, INC. MAKES NO WARRANTIES HEREUNDER AND THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF SAME. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
9. Internet Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (ii) ACCUWEATHER HAS NO CONTROL OVER THE INTERNET, AND (iii) ACCUWEATHER SHALL NOT BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICE.10. Agreement and Enforcement. In addition to the terms and conditions stated herein, your use of the Service shall be subject to the Terms of Usage on the AccuWeather.com website, as modified from time to time by AccuWeather; provided that: (a) in no event shall such Terms of Usage be read to expand or increase any rights granted to you hereunder with respect to your use of the Service; and (b) the terms and conditions stated herein shall supersede and take precedence over any conflicting terms or conditions in the Terms of Usage. This Agreement and AccuWeather.com Terms of Usage referenced-above constitute the entire agreement of the parties hereto with respect to the Service provided hereunder and supersede all prior representations, proposals, discussions, and communications whether oral or in writing. The parties agree to submit to the Pennsylvania Courts only, any dispute arising out of this Agreement or related thereto and consent to the jurisdiction of said courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Pennsylvania Law and this paragraph shall supersede any conflicting choice of law rules.
11. Additional Disclaimers and Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE SERVICE, ERRORS ON THE SITE OR IN THE SERVICE, AND THE INTERNET GENERALLY. THIS SITE (AND THE SERVICE PROVIDED TO YOU PURSUANT TO THIS AGREEMENT) IS PROVIDED BY ACCUWEATHER ON AN "AS IS" BASIS. YOU AGREE TO ACCEPT SUCH TERMS, CONDITIONS AND POLICIES AS SET FORTH HEREIN, AS MAY BE AMENDED FROM TIME TO TIME AT ACCUWEATHER'S SOLE DISCRETION. ACCUWEATHER AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR IN THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCUWEATHER AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ACCUWEATHER, INC. AND ITS SUBSIDIARIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICE, ANY DELAYS ON THE SITE OR WITH THE SERVICE, ANY PURCHASE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE OR SERVICE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCUWEATHER OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE MADE AVAILABLE BY ACCUWEATHER (INCLUDING ANY CODE) AT YOUR OWN DISCRETION AND RISK, AND THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR WEBSITE, COMPUTER(S) OR SYSTEM(S), OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE SERVICE.
12. Non-Assignability. Neither this Agreement nor any rights or obligation hereunder may be assigned by you.
13. Age / Minor's Policy. The AccuWeather website and the Service provided hereunder are not directed to children under the age of 13. AccuWeather, does not intend to collect any personally identifiable information from children through our websites. Please do not allow children under the age of 13 to provide any personally identifiable information, ask questions or participate in chat rooms or social media related to our website or Service. If we are notified that a child under 13 has provided personal information in violation of this policy, we will delete that information as soon as reasonably possible. If you become aware that a child under 13 has provided such information, please send us a detailed email at email@example.com so we can delete this information. You represent that you are of full legal age and authority and that you intend to be legally bound by these terms and conditions.
16. Export Controls. The AccuWeather website and the Service provided hereunder may only be used in compliance with applicable statutes and regulations relating to the country of destination, or to the users or the use of the website. You may not ship, transfer, export into any country, or use in any manner prohibited by the United States Export Administration Act or any other applicable law (collectively the "Export Laws"), the Service provided by AccuWeather hereunder, or any component thereof. By using this website and the Service provided hereunder, you are representing and warranting that you are not located in, under the control of, or a national resident of any embargoed country or on any denial list and that you are not otherwise prohibited under the Export Laws from using the AccuWeather Service. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the website or the Service provided hereunder, and you represent that you have complied with any regulations or registration procedures required by applicable law. You acknowledge that some countries may have export controls, restrictions on use of meteorological information, import and export laws or other laws or regulations which prohibit or otherwise restrict the export to and/or use of the AccuWeather service. Determination of the applicable law and compliance therewith is your sole obligation and responsibility.
17. Cookies. The Service may utilize cookies for optimal user performance. For instance, AccuWeather may utilize cookies to recognize end user preferences such as preferred location, language and unit of measure. Cookies and other types of identifiers may also be included for purposes of collecting anonymous traffic data. Such cookies or identifiers may be placed by us or by third parties who perform services for us. You hereby consent to the placement and use of such cookies on your website in connection with the Service. For more information about cookies, refer to our Privacy Statement at http://www.accuweather.com/en/privacy.
18. Advertisements. The Service is supported by advertising revenue and may include advertisements for products and services offered by AccuWeather or third parties. Such advertisements may appear within, adjacent to, or as a part of the weather information provided to you in connection with the Service. The revenue from advertisements allows AccuWeather to provide you with parts of the Service without charge to you. The advertisements may be targeted based on the location of the end user of your website, the weather conditions in effect at such location and/or other criteria consistent with our Privacy Statement. By accessing or using the Service, or any component thereof, you agree that advertising may be, and may continue to be, a part of Service and you consent to the display of such advertising on your website. Advertisements provided by AccuWeather may be in text, display or other form, as determined by AccuWeather in its sole discretion, and will be placed on your website by AccuWeather and/or its third party ad server(s). The widget made available to you by AccuWeather for inclusion on your website may contain ad tags to facilitate the placement of such advertisements on your website. You agree not to utilize any technology or take any measures to inhibit the display of any advertisements delivered to your website by AccuWeather or its third party ad server. AccuWeather makes no representations or warranties with respect to the quality, appropriateness, accuracy, truthfulness, reliability, business ethics, or other aspects of any such advertisements and/or the organizations placing the advertisements and shall have no responsibility or liability for any claims arising out of or related to any such advertisements, the contents thereof, the products or services promoted therein, or the fulfillment thereof. You also acknowledge and agree that AccuWeather shall have no obligation to share with you or any third party any revenue derived from the display of advertisements on your website.
19. Modification. AccuWeather may, at any time, modify the terms set forth herein, and your continued use of the Service will be conditioned upon the terms in force at the time of your use. 20. Acceptance. This document constitutes an offer by AccuWeather to you. Acceptance of this Agreement by you shall occur upon your acceptance or access of the service hereunder or any part thereof. No person has the authority to make representations or warranties on behalf of AccuWeather or to bind AccuWeather in any manner except as specifically stated for herein.
BY CHECKING THE "I AGREE TO THE TERMS AND CONDITIONS" CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH ABOVE.