Terms Of Service
WHO WE ARE
These Terms of Service define the rights, obligations and restrictions regarding your intentional or accidental use (“Use”) of any services from WEATHERNATION or its affiliates (the “Services”). By submitting a photo and/or video to WEATHERNATION, by tagging WEATHERNATION on social media with photos/videos, or posting to WEATHERNATION social media pages with photos/videos or when you click the “I agree” button within WEATHERNATION applications, or use of 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 WEATHERNATION 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 the Services,. WEATHERNATION 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. WEATHERNATION 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.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND WEATHERNATION UNDER THESE TERMS OF SERVICE TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND WEATHERNATION WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THE SERVICES AND ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
The Services include all means by which WEATHERNATION provides content to you or receives content from you, including, without limitation, WEATHERNATION’s websites, downloadable software applications, delivery of WEATHERNATION content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to WEATHERNATION, chat rooms, and message boards. The Services are owned and operated by WEATHERNATION. WEATHERNATION 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. REGISTRATION AND SECURITY
You take full responsibility for your participation in the Services. As a condition of using certain features of the Services, you may be required to register on the Services and/or select a username and password. All registration information you submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. WEATHERNATION reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Services without our permission. You agree not to sell, transfer or assign your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify WEATHERNATION immediately if you suspect any unauthorized use of, or access to, your account or password.
The Services are intended solely for your personal and non-commercial use. WEATHERNATION may change, suspend or discontinue any Service (or any feature thereof) at any time. WEATHERNATION may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which WEATHERNATION may undertake from time to time; or (iii) causes beyond the control of WEATHERNATION or which are not reasonably foreseeable by WEATHERNATION. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with WEATHERNATION or provide your personal information to WEATHERNATION. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the Services only if you have the consent of your parent or guardian, including consent to these Terms of Service on your behalf. If you subscribe to WEATHERNATION and wish to create subprofiles (if available) under your subscription, you must ensure all users of such subprofiles are 18 years of age or older (or the applicable age of majority in your state or territory of residence).
Unless terminated by WEATHERNATION in its sole discretion, these Terms of Service remain in full force and effect while you use the Services. You may terminate your account on the Services at any time, for any reason, by emailing email@example.com, Subject: Terminate My Account. WEATHERNATION may terminate your account and/or access to the Services at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to the Services is terminated by you or by WEATHERNATION, these Terms of Service will remain in effect with respect to your past and future use of the Services. Any rights to your account terminate upon your death.
You acknowledge that WEATHERNATION reserves the right to charge subscription fees for any portion of the Services. WEATHERNATION will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If WEATHERNATION suspends or terminates your account and/or access to the Services because you have breached these Terms of Service or violated applicable law, you will not be entitled to a refund of any unused portion of such fees or other payments.
6. PURCHASING SERVICES OR PRODUCTS
WEATHERNATION makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Services Product with the Processor. WEATHERNATION provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on the Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects your Personal Financial Information, WEATHERNATION will in no way be responsible or liable to you for any such breach.
WEATHERNATION will not store any record of Personal Financial Information related to purchases or other transactions you make through the Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The Services Products that are offered for sale by WEATHERNATION or its corporate affiliates are each referred to as an “Offering”. Terms related to a specific product or service will accompany the Offering. In addition, these terms of sale apply to all Offerings. To make a purchase on the Services, you must be a registered WEATHERNATION user. WEATHERNATION sells its products only to those users who can legally make purchases with a credit card. You must be eighteen years of age to make a purchase on the Services, or, if you are under the age of eighteen but over the age of thirteen, you may make purchases on the Services with the knowledge and consent of your parent or legal guardian. WEATHERNATION reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. We may accept various credit cards at any different times. However, by submitting an order through the Services, you authorize WEATHERNATION, or its designated payment processor, to charge the account you specify for the purchase amount using your credit card if we accept it. All payments are to be made in United States Dollars.
7. 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 WEATHERNATION.
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 the Services. In order to protect Services users from such advertising or solicitation, WEATHERNATION 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 WEATHERNATION 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 WEATHERNATION, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay WEATHERNATION $50 for each such unsolicited email or other unsolicited communication you send to Services 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 the Services. You acknowledge and agree that all content on the Services, 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 WEATHERNATION, its affiliates, their licensors, or other parties, as applicable.
f. Any conduct by you that in WEATHERNATION’s discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.
g. You are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on content from the Services. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on any content from Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with any content from the Services, including geo-filtering mechanisms. Except as necessary in order to make reference to WEATHERNATION, its products and services in a purely descriptive capacity, you are expressly prohibited from using any content from the Services in any manner.
h. You may not, without WEATHERNATION’s written permission, “mirror” any contents from the Services. You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. WEATHERNATION reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
i. You agree not to use the Services to:
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Services;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including WEATHERNATION’s servers, networks or accounts;
– Cover, remove, disable, block or obscure advertisements or other portions of the Services;
– Delete or revise any information provided by or pertaining to any other user of the Services;
– Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent;
– Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of any content from the Services; or building a business using any content from the Services) without WEATHERNATION’s prior written consent;
– Using technology or other means to access, index, frame, or link to the Services (including any content from the Services) that is not authorized by the Services (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of any content from the Services);
– Accessing the Services (including any content from the Services) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
– Use the Services to advertise or promote competing services;
– Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
WEATHERNATION reserves the right, but disclaims any obligation or responsibility, to remove user content that violates these Terms of Service, as determined by WEATHERNATION, or for any other reason, in WEATHERNATION’s sole discretion and without notice to you. You acknowledge the WEATHERNATION reserves the right to investigate and take appropriate legal action against anyone who, in WEATHERNATION’s sole discretion, violates these Terms of Service, including but not limited to, terminating their user account and/or reporting such user content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that WEATHERNATION may access, preserve or disclose information you provide to the Services, including user content and your account registration information, including when WEATHERNATION has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of WEATHERNATION, our parents, subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of these Terms of Service or our other agreements); (ii) protect the safety, privacy, and security of users of the Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If WEATHERNATION sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, WEATHERNATION may transfer your information to the party or parties involved in the transaction as part of that transaction.
j. WEATHERNATION reserves the right to limit the storage capacity of user content. You assume full responsibility for maintaining backup copies of your user content, and WEATHERNATION assumes no responsibility for any loss of your user content due to its being removed by WEATHERNATION or for any other reason.
8. USER CONTENT
a. By tagging WEATHERNATION on social media with photos/videos, posting to WEATHERNATION social media pages with photos/videos, or submitting your videos and photos through any WEATHERNATION platform, you are hereby bound by WEATHERNATION Terms of Service as well as all applicable laws, including without limitation, the Electronic Signatures in Global and National Commerce Act.
b. 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.
c. 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.
d. Subject to WEATHERNATION’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 WEATHERNATION throughout the universe. By submitting material to WEATHERNATION, you automatically grant, or warrant that the owner of such material has expressly granted WEATHERNATION 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 WEATHERNATION 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 WEATHERNATION 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 WEATHERNATION the right to edit, copy, display, publish and distribute any materials made available on the Services by you.
e. If you delete your user content from the Service’s, WEATHERNATION’s license to such user content will end after a reasonable period of time necessary for the deletion to take full effect. However, the user content may be retained in WEATHERNATION ‘s back-up copies of the Services, which are not publicly available. Furthermore, to the extent that WEATHERNATION made use of your user content before you deleted it, WEATHERNATION will retain the right to make such pre-existing uses even after your user content is deleted. You acknowledge that (i) deletion of your user content from the Services will not result in, and WEATHERNATION assumes no responsibility for, the deletion of such user content by any third parties who were provided with or had access to such user content prior to your deleting it from the Services, and (ii) termination of your account or your use of the Services will not result in the immediate or automatic deletion of your user content consistent with these Terms of Service.
f. The foregoing provisions of this Section are for the benefit of WEATHERNATION, 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.
9. USER CONTENT ON MESSAGE BOARDS AND FORUMS
The Services may offer users the ability to post messages on message boards, chat areas, bulletin boards, e-mail functions, forums, and other interactive areas as a part of the Services (collectively, “Forums”), which may be open to the public generally, to all members of the Services, or to a select group of members to a specific Forum group. You acknowledge that all content posted on Forums is user content, and by posting on Forums you agree to comply with the rules and restrictions on user content set forth above and any other rules specifically applicable to such Forums. WEATHERNATION reserves the right, but disclaims any obligation or responsibility, to prevent you from posting user content to any Forum and to restrict or remove your user content from a Forum or refuse to include your user content in a Forum for any reason at any time, in WEATHERNATION’s sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and WEATHERNATION cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. WEATHERNATION is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.
10. YOUR EXPOSURE TO OTHERS’ USER CONTENT
You understand that WEATHERNATION does not control the user content posted by users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable user content. WEATHERNATION assumes no responsibility or liability for this type of user content. If you become aware of any misuse of the Services, including in violation of any “Restrictions on Use” above, please report it immediately to WEATHERNATION. WEATHERNATION assumes no responsibility for monitoring the Services for inappropriate user content or user conduct. If at any time, WEATHERNATION chooses in its sole discretion to monitor the Services, WEATHERNATION nonetheless assumes no responsibility for any user content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of any user.
11. MEMBER DISPUTES
You are solely responsible for your interactions with other users of the Services, providers of third party services or any other parties with whom you interact on, through or in connection with the Services. WEATHERNATION reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
WEATHERNATION, the WEATHERNATION logo, and other WEATHERNATION marks, graphics, logos, scripts, and sounds are trademarks of WEATHERNATION. None of the WEATHERNATION trademarks may be copied, downloaded, or otherwise exploited.
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. WEATHERNATION 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.
15. NO WARRANTY
THE SERVICES AND ALL GOODS, SERVICES AND CONTENT APPEARING OR AVAILABLE ON THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEATHERNATION 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 THE SERVICES AND YOUR USE THEREOF. WEATHERNATION DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE.
WEATHERNATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GOODS, SERVICES OR CONTENT ON THE SERVICES OR THE GOODS, SERVICES OR CONTENT OF ANY SITES LINKED TO THE SERVICES 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 THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WEATHERNATION’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 THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 THE SERVICES.
WEATHERNATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GOODS OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEATHERNATION 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.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL WEATHERNATION 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 FOR ANY REASON INCUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON WEATHERNATION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WEATHERNATION, (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 WEATHERNATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH WEATHERNATION 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 WEATHERNATION, 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 WEATHERNATION 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEATHERNATION’S AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WEATHERNATION FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEATHERNATION WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO WEATHERNATION FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF WEATHERNATION ‘S ACTS OR OMISSIONS OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
17. LIMITED MONITORING
WEATHERNATION cannot publish all material submitted to the Service and has no obligation to post any material. WEATHERNATION does not have an obligation to review posted material on the Services, and WEATHERNATION cannot assure that the material will either be appropriate or appropriately expressed. Without limiting the foregoing, WEATHERNATION shall have the right to remove any material that WEATHERNATION, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless WEATHERNATION 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, (d) these Terms of Service, (e) your breach of any of your representations, warranties, covenants, and agreements in these Terms of Service, and (f) any misrepresentation made by you.
You will cooperate as fully and as reasonably required in WEATHERNATION’s defense of any claim. WEATHERNATION reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of WEATHERNATION.
19. THIRD PARTY CONTENT
WEATHERNATION is not a publisher of content supplied by third parties and users of the Services. Accordingly, WEATHERNATION 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 WEATHERNATION. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. WEATHERNATION 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 WEATHERNATION employee spokespersons while acting in their official capacities.
20. CHANGED TERMS
WEATHERNATION 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.
21. THIRD PARTY LINKS AND SERVICES
22. DMCA POLICY
WEATHERNATION respects the intellectual property rights of others and expects its users to do the same.
WEATHERNATION has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the Services who are repeat infringers. WEATHERNATION also reserves the right to remove or disable access to any transmission of any content from the Services that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3).
If you believe material on the Services infringes your copyright.
If you believe that any material residing on or linked to from the Services infringes your copyright, you must send WEATHERNATION’s designated copyright agent a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. WEATHERNATION’s copyright agent for notification of claimed infringement can be reached at:
WeatherNation TV, Inc.
Subject line: DMCA Notice
Address: 13276 East Fremont Place, Centennial, CO 80112
Phone: (303) 339-7331
If you posted material to the Services that was removed due to notice by a copyright owner.
If you posted material to the Services that WEATHERNATION removed due to a notice of claimed infringement from a copyright owner, WEATHERNATION will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Services or by written or electronic communication to such address(es) you have provided to WEATHERNATION, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which WEATHERNATION may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
23. RESPONDING TO DO NOT TRACK SIGNALS
We may partner with third-party service providers to serve ads regarding goods or services that may be of interest to you when you access and use the Services and third party-platform. Some of the ads on the Services or on third party platform may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your computer’s browsing activity on both the Services and third-party platform. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags).
The Network Advertising Initiative offers useful information about internet advertising companies, including information about how to opt-out of interest-based advertising by their members.
See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about interest-based advertising and how to opt-out from ads served by some or all participating companies.
These opt-out mechanisms rely on cookies to remember your choices. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests.
24. 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.
25. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
(1) WEATHERNATION, including its affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and WEATHERNATION, regarding any aspect of your relationship with WEATHERNATION, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and WEATHERNATION agrees to give up the right to sue in court.
(2) The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and WEATHERNATION, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and the WEATHERNATION that arise from or in any way relate to or concern any content, products or services provided by WEATHERNATION including but not limited to the Services (as defined above), this Arbitration Agreement, any other aspect of these Terms of Service (including their applicability and their conformance to applicable law), any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and WEATHERNATION retains the right to sue in small claims court and (ii) each of you and WEATHERNATION may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.
(3) Each of you and WEATHERNATION also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and WEATHERNATION
(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under these Terms of Service.
(5) These Terms of Service evidence a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of the Terms of Service.
(6) Any arbitration between you and WEATHERNATION will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and WEATHERNATION cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of WEATHERNATION and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/https://www.jamsadr.com/consumer-minimum-standards/
(7) If either you or WEATHERNATION wish to arbitrate a claim, you or WEATHERNATION must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Service to which the Notice relates, and the relief requested. Your Notice to WEATHERNATION must be sent by mail to: Arbitration Notice of Dispute, 13276 East Fremont Place, Centennial, CO 80112. WEATHERNATION will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf
(9) You and WEATHERNATION acknowledge and agree to abide by the following rules for arbitration:
(a) YOU AND WEATHERNATION MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) WEATHERNATION will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 10 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law and these Terms of Service; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 10 below.
(10) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against WEATHERNATION, you and the WEATHERNATION acknowledge and agree to abide by the following:
- If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), WEATHERNATION will pay the filing fee on your behalf or reimburse your payment of it.
- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but WEATHERNATION will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
- WEATHERNATION and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. WEATHERNATION will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
- WEATHERNATION and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
(11) Regardless of how the arbitration proceeds, each of you and WEATHERNATION shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(12) Each of you and WEATHERNATION may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if WEATHERNATION failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than WEATHERNATION’s highest settlement offer, then WEATHERNATION will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If WEATHERNATION wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.
(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by these Terms of Service. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under this Arbitration Agreement. The arbitrator also may not order WEATHERNATION to pay any monies to or take any actions with respect to persons other than you, unless WEATHERNATION explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless WEATHERNATION expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(14) You and WEATHERNATION agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and WEATHERNATION agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (9) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against WEATHERNATION must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
26. JURISDICTION; VENUE
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, 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.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE.
SUBJECT TO APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
27. UNITED STATES JURISDICTION; US EXPORT CONTROLS
WEATHERNATION provides the Services in the United States of America. WEATHERNATION does not represent that the Services are appropriate (or, in some cases, available) for use in other locations. If you use the Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Services. Not all of the Services Products are available worldwide or nationwide, and WEATHERNATION makes no representation that you will be able to obtain any Services Product in any particular jurisdiction, either within or outside of the United States.
Software available in connection with the Services is further subject to United States export controls. No such software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
28. UNSOLICITED SUBMISSIONS
WEATHERNATION does not knowingly accept, via the Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. WEATHERNATION requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any WEATHERNATION creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to WEATHERNATION via the Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and WEATHERNATION; (ii) any such unsolicited submissions and copyright become the property of and will be owned by WEATHERNATION (and are not user content licensed by you to WEATHERNATION) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as WEATHERNATION sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against WEATHERNATION relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
29. EMPLOYMENT OPPORTUNITIES
WEATHERNATION may, from time to time, post WEATHERNATION employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to WEATHERNATION in response to employment listings, you are authorizing WEATHERNATION to utilize this information for all lawful and legitimate hiring and employment purposes. WEATHERNATION also reserves the right, at its sole discretion, to forward the information you submit to its affiliates for legitimate business purposes. Nothing in these Terms of Service or contained in the Services will constitute a promise by WEATHERNATION to contact, interview, hire or employ any individual who submits information to it, nor will anything in these Terms of Service or contained in the Services constitute a promise that WEATHERNATION will review any or all of the information submitted to it by users of the Services.
30. WIRELESS AND LOCATION-BASED FEATURES; SOCIAL MEDIA PLUG-INS
(a) Wireless Features. The Services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the online services’ features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
In addition, where any WEATHERNATION Mobile App collects precise information about the location of your devices, it may be used to provide requested location services, and, depending on the particular Mobile App it may be used, amongst other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) may allow for you to disable location-based features or manage preferences related to them. However, you can terminate device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other non-WEATHERNATION products exist today that may be used specifically for these purposes.
(d) Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (amongst others) may be integrated on our Services. Where our online services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature and Google Plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our online services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).
31. TERMS APPLICABLE FOR APPLE IOS
If you are accessing or using the any Service through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference:
(a) To the extent that you are accessing a Service through an Apple device, you acknowledge that these Terms of Service are entered into between you and WEATHERNATION and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third-party beneficiary as contemplated below.
(b) The license granted to you in these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: https://www.apple.com/legal/internet-services/itunes/us/terms.html) and any third party terms of agreement applicable to the Services.
(c) You acknowledge that WEATHERNATION, and not Apple, is responsible for providing the Services.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the Services.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and WEATHERNATION, WEATHERNATION and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms of Service, WEATHERNATION’s liability to you for use of the Services is greatly limited.
(g) Further, you agree that if the Services, or your possession and use of the Services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
(i) When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.
32. NOTICE FOR CCALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that any notices WEATHERNATION may be required by applicable law to send to you will be effective upon WEATHERNATION ‘s sending an e-mail message to the e-mail address you have on file with WEATHERNATION or publishing such notices on the informational page(s) of the Services. Additionally, from time to time, we may communicate with you about the Services and these Terms of Service electronically (e.g., emails to your registered email address, notices on the Services, order progress tracking). You consent to receive electronic communications from WEATHERNATION and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WEATHERNATION as a result of these Terms of Service or your use of the Services. A printed version of these Terms of Service and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in these Terms of Service limits WEATHERNATION ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us in connection with such use.
If you see other parties violating these Terms of Service, we would appreciate it if you would let us know via email at firstname.lastname@example.org.