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TERMS AND CONDITIONS OF USE
The Wunderground.com site is (the "Site") is owned and operated by The Weather Underground, Inc. ("WUI"). Listed below are the terms and conditions of use (the "Terms") for this Site. By using, accessing and/or viewing information on the Site, you (the .Participant.) agree to be bound by these Terms. If you violate these Terms, WUI has the right to terminate your use of the Site and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the Site. participant understands and agrees that its use of this Site is a benefit voluntarily given by WUI and that WUI may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use this Site or the services and information offered herein.
- PERMITTED USE. You may use the Site and the features, information, pictures and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this Site and its Data are provided in Sections 2, 6 and 9 of these Terms and in the Photo Gallery Agreement (where applicable).
- OWNERSHIP/TRADEMARKS. Participant does not acquire or have any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law. Specifically, some of Data on this Site, including all data derived from the .Personal Weather Station. Network, is unique and proprietary to WUI, is not part of the National Weather Service data network and is not available for commercial use without the advance written consent from WUI. ANY USE OF THIS DATA SHALL ACKNOWLEDGE Wunderground.com AND/OR THE WEATHER EXCHANGE AS THE SOURCE. WUI will take appropriate legal action to protect and safeguard any unauthorized use of this Data.
- Monitoring. WUI shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, WUI shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of WUI.
- LINKS. The Site may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by WUI or by any of its third-party providers regarding the content of those other websites. Neither WUI nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.
- BLOGS/DISCUSSIONS. .Blogs,. or web logs, are a place for individuals to share their interest in weather and the world outdoors with other users of the Weather Underground. Areas of the Site including the .Wunder Blog Directory. allow for public discussion of weather-related ideas, facts and opinions. WUI is not an editor or publisher of the information, advice, ideas, statements, offers, sources or opinions (collectively, the .Shared Information.) supplied by third parties and users of the Site and does not have editorial control over such Shared Information. Any Shared Information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of WUI, its employees, agents, representatives or affiliates. WUI does not monitor the content of all the Shared Information twenty-four hours a day and, therefore, does not endorse and cannot be responsible for the appropriateness, accuracy or reliability of any Shared Information made by anyone other than WUI.s authorized employees and representatives while acting within the scope of their official capacities. You may post information that is appropriate for general readership. You may not post information that is objectionable, inappropriate or offensive for general readership. WUI is not responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. You may not use the Site and/or the discussion forums to advertise or sell a product or service, or to advertise or direct activity to other websites. You may not use the Site for any commercial purpose without the prior written approval of WUI. WUI shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Site including any material that WUI, in its sole discretion, finds to be objectionable or inappropriate in any way.
- ADVERTISERS/VENDORS/SERVICE PROVIDERS. The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. WUI will not be responsible for the illegality of or any error in accuracy in any advertisers. or sponsors. materials. participant understands and agrees that, in order to provide for the use of this Site, WUI contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this Site or any agreement relating to the Site. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this Site.
- LIMITATION OF LIABILITY. WUI assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Site. THE SERVICES OF THE SITE ARE PROVIDED .AS IS., WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither WUI nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. WUI DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
INDEMNIFICATION. You agree to indemnify and to hold WUI, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.
VIRUSES. We will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the Site. We do not warrant that the Site, its servers or any Data downloaded from the Site is free from viruses, bugs or other harmful components.
MODIFICATIONS/TERMINATION. Without limiting its other remedies, WUI may immediately discontinue, suspend, terminate or block your and any user's access to this Site at any time in its sole discretion. WUI may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Site. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. WUI does not assume any obligation to notify you of changes to these terms and conditions.
GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the Site are governed by the laws of the State of Michigan. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Washtenaw County, Michigan.
ENTIRE AGREEMENT. These terms and conditions of use for this website constitute the entire agreement between you and WUI regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of Wunderground.
- Upload, post, email, transmit or otherwise make available any Data or content on the Site as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
- Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Site, its Data and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this Site or its Data;
- Use this Site or the Data or provide, link, or otherwise make available, any information on the Site that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another.s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or otherwise misrepresent your affiliation;
- Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- Upload, post, email, transmit, link to or otherwise make available any information on the Site that infringes any intellectual property rights or other proprietary rights of others, or that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, Data, hardware, telecommunications equipment, or communications ability;
- Attempt to gain access to confidential information to which you are not entitled;
- Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Site;
- Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
- By providing Data or material, you also agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to WUI's policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted will be treated as non-confidential and non-proprietary and may be used freely thereafter by WUI for any purposes it deems appropriate including commercial gain. By submitting information to WUI, you automatically grant, or warrant that the owner of such material has expressly granted WUI a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also agree to permit any other user of the Site to access, view, download or reproduce the material for any use permitted by the Site. You grant WUI the right to edit, copy, display, publish and distribute any information or material made available on the Site by you.
WUNDERGROUND.COM NO CHARGE SUBSCRIBER AGREEMENT
By clicking on "Yes - I agree", you will be subscribing for the Weather Underground No Charge Email Weather Service. As a subscriber, you will receive from Weather Underground updates of National Weather Service forecasts and weather alerts (the "Weather Updates"). By your subscribing for the Weather Updates (the "Subscription"), you agree to the SUBSCRIPTION TERMS and USER TERMS AND CONDITIONS detailed below.
- NO SUBSCRIPTION FEES. Your Subscription is included at no cost to you. In accepting the Subscription, you acknowledge that you will receive paid advertising as part of the Weather Updates, as it is the revenues from that advertsing that enables Weather Underground to provide the Weather Updates at no cost to you.
- SUBSCRIPTION TERM. Your Subscription will begin on the date that you click "I agree". You will have the right by notice to Weather Underground to terminate the Subscrption at any time and for any reason. Weather Underground will have the right by notice to you to terminate the Subscrption at any time and for any reason.
- NOTICES. Any notices from Wunderground.com to you will be to the e-mail address from which you sent your "I agree" to sign up for the Subscription. Any notice from you to Weather Underground will be sent to email@example.com.
USER TERMS AND CONDITIONS
- PERMITTED USE. You may access, view and make copies of information in the Weather Updates only for your personal use. You may not publish or otherwise distribute any information in the Weather Updates for any purpose.
- OWNERSHIP/TRADEMARKS. The Weather Updates, and all information contained in the Weather Updates, is the property of Weather Underground orits third party providers. All information in the Weather Updates is proprietary to Weather Underground or its third party providers. You do not acquire or have any ownership or other proprietary interest in any information contained in the Weather Updates. You agree that information contained in the Weather Updates is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
- ACCURANCY OF INFORMATION. All information in the Weather Updates is provided to you on an "as-is" basis. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS AND OTHER INFORMATION REGARDING WEATHER AND CLIMATIC CONDITIONS ARE UNCERTAIN. WUNDERGROUND.COM DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE WEATHER UPDATES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE.
- TRANSMISSION FAILURES. Weather Underground will use commercially reasonable efforts to publish and transmit the Weather Updates on a continuous and timely basis. Weather Underground is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any Weather Updates; or for the failure to transmit any Weather Updates resulting from any natural disasters, wars, labor strike or other events beyond the control of Wunderground.com. YOU ACKNOWLEDGE THAT, IN CIRCUMSTANCES INVOLVING NATURAL DISASTERS, FEDERAL, STATE AND MUNICIPAL GOVERNMENTAL AGENCIES WILL ISSUE OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS.
- LIMITATION OF LIABILITY. You acknowledge that, Weather Underground cannot and does not assume any responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of receiving the email such as pager charges, or as a result of any inaccuracy, incompleteness or obsolescence of any information contained in the Weather Updates. You agree that Wunderground.com will not be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Weather Updates or any contractual or other dealings or relationships you may have with third parties based upon any information included in the Weather Updates.
- INDEMNIFICATION. You agree to indemnify and to hold Weather Underground, its subsidiaries, affiliates, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney fees) arising out of your use of the Weather Updates, including, without limitation, any violations by you in the terms and conditions for your use of the Weather Updates.
- GOVERNING LAW/JURISDICTION. This Subscription Agreement and your access to and use of information from the Weather Updates are governed by the laws of the State of Michigan. In the event of any dispute regarding the enforcement or interpretation of this Subscription Agreement or your compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Washtenaw County, Michigan.
- ENTIRE AGREEMENT. This Subscription Agreement constitutes the entire agreement between you and Weather Underground regarding your access to the Weather Updates and your reproduction and use of any information in the Weather Updates.
The information Weather Underground learns from its visitors helps it personalize and continually improve your browsing experience. This policy lists the types of information gathered from Weather Undergrounds website (the Website).
All information acquired from online sales through the Weather Underground store is used only for Weather Underground's internal billing purposes and will not be made available to any outside party except as is necessary to complete a sale.
Weather Underground does not track the preference cookies that users place on their machines.
Weather Underground may place a cookie on a users machines that is used for counting how many unique users are actively using the Website. Aggregate statistics may be compiled to determine how many unique users and average page views the Website has.
Aggregate statistical information gathered via the Weather Underground's "Wunder Question" may be shared with the public. Weather Underground will not make anyone's individual answers to these polls publicly known.
Weather Underground's advertising is targeted based on content and interest. Weather Underground uses third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
If you want to prevent a third-party advertiser from setting and/or reading cookies on your computer, you may either visit each ad network's website individually and opt out or visit the NAI gateway opt-out site to opt-out of all network advertising cookies. Click here for the NAI gateway opt-out site. This site will also allow you to review the third-party advertising companies' privacy policies.
It is important to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Weather Underground will not be held responsible for lost or stolen usernames or passwords.
WUNDERGROUND DATA FEED
If you connect to Wunderground Data Feed, you will be able to pull and to decode weather related data from the non-public website of Weather Underground, Inc. ("WUI").
In addition, because of the special features of Wunderground Data Feed, by accessing and viewing information from Wunderground Data Feed you agree to be bound by these special terms: (1) you will not modify the data from Wunderground Data Feed in any way; (2) you will not modify the link structure to Wunderground Data Feed; (3) you will not modify WUI's logo that is included in the data; and (4) in all uses of the data, you will credit WUI by name as the source of the data.
As with all data that you access from the Site, the data that you pull from Wunderground Data Feed may only be used by you for personal, non-commercial purposes. If you want to use that data for commercial purposes, contact us through the Site and we will supply you with rate information for commercial customers.
If you violate any of the general or specific terms applicable to Wunderground Data Feed, WUI has the right to terminate your use of the Site and the Data Feed and to take appropriate legal actions against you.
WUI reserves the right to change these general or special terms at any time by posting on the Site. You understand and agree that your use of the Site and Wunderground Data Feed is a benefit voluntarily given by WUI and that WUI may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to these general and special terms, you cannot use Wunderground Data Feed or the services and information offered therein.
Copyright © 2013 Weather Underground, Inc.
Copyright © 2013 Weather Underground, Inc.