These Terms of Service define the rights, obligations and restrictions regarding your intentional or accidental use (“Use”) of the services (the “Services”) from WEATHERNATION TV, INC. (“WNTV”). When you click the “I agree” button or Use any of the Services, you contractually agree to be bound by these Terms of Service as well as all applicable laws, including without limitation, the Electronic Signatures in Global and National Commerce Act. In order to Use some Services, you may be required to download other software or content and/or agree to additional terms and conditions, including without limitation, those provided by third parties. Unless otherwise expressly stated, any additional terms and conditions are hereby incorporated into these Terms of Service.
You must read these Terms of Service carefully and you should save or print them for future reference. If you do not agree with everything contained herein, you should not click “I agree” and you must leave Weathernationtv.com immediately. If after you have clicked “I Agree”, you decide that you no longer agree to the Terms of Service, you must notify us of the same by e-mail at [email@example.com] and immediately discontinue your Use of Weathernationtv.com. WNTV reserves the absolute right to modify these Terms of Service at any time, without notice so you should review them from time to time in order to be aware of any changes that may affect you and/or your Use of the Services. Modified Terms of Service will be designated by an updated version date at the bottom of this page. WNTV also reserves the right to add, modify, or cancel any Service for any reason or no reason, at any time, without notice and without liability. Should you have questions regarding anything contained in these Terms of Service, please send an e-mail to us at: [firstname.lastname@example.org], Subject: Terms of Service.
1. General. The Services include all means by which WNTV provides content to you or receives content from you, including, without limitation, WNTV's websites, downloadable software applications, delivery of WNTV content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to WNTV, chat rooms, and message boards. The Services are owned and operated by WNTV. WNTV has the right at any time to change or discontinue any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services.
2. Restrictions on Use.
a. You shall Use the Services for lawful purposes only.
b. No Services or content may be downloaded, copied, modified, reproduced, distributed, transmitted, broadcast, displayed, linked, framed, sold, licensed or otherwise exploited for any other purposes what so ever without prior written consent of WNTV.
c. Collecting usernames, email addresses and personal information of others by electronic or other means for the purpose of sending unsolicited letters, emails or other communications for any purpose without such person’s prior explicit consent is strictly prohibited.
d. Commercial advertisements, affiliate links and other forms of solicitation may be removed from personal profiles, videos, messages and comments without notice and may result in you being permanently banned from Weathernationtv.com. In order to protect Weathernationtv.com users from such advertising or solicitation, WNTV reserves the right to restrict the number of e-mails or messages you may send to other users or post in any 24- hour period to a number which WNTV deems appropriate in its sole discretion. If you send unsolicited communications in violation of this paragraph, you acknowledge that you will have caused substantial harm to WNTV, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay WNTV $50 for each such unsolicited email or other unsolicited communication you send to Weathernationtv.com users.
e. Except for user content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, display, trade, share or sell any content appearing on Weathernationtv.com. You acknowledge and agree that all content on Weathernationtv.com, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the trademarks, service marks, copyrights and logos associated with such Services (with the exception of user content), is protected under federal, state and international trademark and copyright laws and/or statutory and common laws and that all times the ownership in such trademarks and copyrights shall remain the sole property of WNTV, its affiliates, their licensors, or other parties, as applicable.
f. Any conduct by you that in WNTV’s discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.
3. User Content.
a. You shall not post or transmit through the Services any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.
b. You shall not e-mail, upload, post or otherwise make available on the Services any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
c. Subject to WNTV’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, images, videos, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of WNTV throughout the universe. By submitting material to WNTV, you automatically grant, or warrant that the owner of such material has expressly granted WNTV the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, perform, edit, transmit, reformat, sublicense and distribute such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by WNTV and other authorized parties; you agree to allow use of your name and city on the Services and in publicity or advertising without compensation; and you understand and agree that WNTV shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials. You grant WNTV the right to edit, copy, display, publish and distribute any materials made available on the Services by you.
d. The foregoing provisions of Section 3 are for the benefit of WNTV, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Services and all charges related thereto. WNTV assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, Use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
5. No Warranty.
WEATHERNATIONTV.COM AND ALL GOODS, SERVICES AND CONTENT APPEARING OR AVAILABLE ON WEATHERNATIONTV.COM ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF WEATHERNATIONTV.COM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WNTV AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM IN CONNECTION WITH WEATHERNATIONTV.COM AND YOUR USE THEREOF. WNTV DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF WEATHERNATIONTV.COM OR THE SERVICES OFFERED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE.
WNTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GOODS, SERVICES OR CONTENT ON WEATHERNATIONTV.COM OR THE GOODS, SERVICES OR CONTENT OF ANY SITES LINKED TO WEATHERNATIONTV.COM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WEATHERNATIONTV.COM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WNTV’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WEATHERNATIONTV.COM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH WEATHERNATIONTV.COM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY GOODS, SERVICE OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEATHERNATIONTV.COM.
WNTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GOODS OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH WEATHERNATIONTV.COM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WNTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF GOODS OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability.
IN NO EVENT SHALL WNTV OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON WNTV, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WNTV, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURED SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WNTV, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH WNTV BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WNTV, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WNTV SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. Limited Monitoring. WNTV cannot publish all material submitted to the Service and has no obligation to post any material. WNTV does not have an obligation to review posted material on the Services, and WNTV cannot assure that the material will either be appropriate or appropriately expressed. Without limiting the foregoing, WNTV shall have the right to remove any material that WNTV, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification. You agree to defend, indemnify and hold harmless WNTV and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) these Terms of Service.
9. Third Party Content. WNTV is not a publisher of content supplied by third parties and users of the Services. Accordingly, WNTV has no more editorial control over such content than does a public library, bookstore, or newsstand. 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 of WNTV. I n many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. WNTV neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized WNTV employee spokespersons while acting in their official capacities.
10. Changed Terms. WNTV has the right at any time to change or modify the terms and conditions applicable to use of the Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
12. Governing Law. These Terms of Service shall be construed in accordance with the laws of the State of Colorado without regard to its conflicts of law principles.
13. Jurisdiction; Venue. All disputes under these Terms of Service shall be resolved by the State Courts of Denver County in the State of Colorado or in the United States District Court for the District of Colorado, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it.
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