TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES (DEFINED BELOW) FROM WEATHER GROUP TELEVISION, LLC, FORMERLY KNOWN AS THE WEATHER CHANNEL, LLC. BY USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, REGISTER FOR, OR SUBMIT CONTENT TO THE SERVICES.

 

1. General.
This Agreement is between Weather Group Television, LLC, and its affiliated companies (collectively "WG") and you. The service covered by these Terms of Use ("Services") include WG's weathergroup.com website (the "Site"), mobile web sites, and other Internet enabled or wireless means by which WG provides content to you or receives content from you, including, without limitation, software applications (including, without limitation, desktop applications, mobile applications, tablet applications, and applications for digital media player devices), content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products, and delivery of WG content to you at your request. The Services are owned and operated by WG, but may include elements licensed from or provided by third parties. WG has the right at any time to change or discontinue any of the Services or 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. WG has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms of Use).

 

2. Privacy Policy.
By using any of the Services, you are agreeing to the terms of WG's privacy policy and the collection, use and sharing of information, including without limitation your personal information, described therein.  

 

3. Registration.
Some of the Services may provide you with the opportunity to register by creating a user account in order to enable certain features or receive certain information. WG will use the information you provide in accordance with WG's Privacy Policy. By registering, you represent and warrant that all information that you choose to provide is current, complete and accurate. You agree to maintain and promptly update such information as necessary, so that it remains current, complete and accurate. If the registration process requires you to create and use log-in credentials such as an email address or user name along with a password, you acknowledge and agree that WG may rely on the subsequent use of your log-in credentials to provide access to your account and the information you have provided. You are responsible for all use of your account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with these Terms of Use.

 

4. Equipment.
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.

 

A. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any content which violates or infringes in any way upon the rights of others, 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. You shall not post or transmit through the Services any content which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Services. Any conduct by you that in WG's discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.

 

B.  The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the rights to the contents of the Services under the United States copyright laws and other laws are owned or controlled by WG. While you may access, view, use and display the Services for your personal use, you may not modify, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the content will be permitted without the express written permission of WG and any relevant third party copyrights owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.

 

C.  The foregoing provisions of Paragraph 5 are for the benefit of WG, its subsidiaries, affiliates and its third party providers, contractors, advertisers, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

A. By submitting content to WG or the Services, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you automatically grant, or warrant that the owner of such content has expressly granted, to WG, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such content (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised.

 

B.  WG shall have the right in its sole discretion to refuse to post or remove any content submitted to or posted on the Services. WG does not have an obligation to review posted content on the Services, and WG cannot assure that the content will either be appropriate or appropriately expressed. While WG may review submissions, WG does not assume responsibility for the contents of any submission. WG may choose not to publish all or any content submitted to the Services at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, WG shall have the right to remove any content that WG, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. WG reserves the right to alter content as appropriate for the medium.

 

C.  You shall not e-mail, upload, post or otherwise make available on the Services any content protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the content, and the burden of determining whether any content is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.

 

D.  Subject to WG's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other content submitted by you will be treated as non-confidential and non-proprietary.

 

E.  If you submit any content to WG, you will be deemed to have made the following representations and warranties, upon which WG will have the right to rely:

i.    You have the sole and exclusive right to grant such rights to WG;

ii.   You have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing in the content, and from any and all persons who provided art work or any other material appearing in the content;

iii.  WG's exercise of the rights granted to WG by you under Paragraph 6. A. will not infringe on any rights of any third party, including, but not limited to, copyright trademark, privacy or publicity rights anywhere in the world;

iv.  You hereby grant any other user of the site the right to access, view, store or reproduce the content for that user's personal use;

v.   You waive your rights to attribution, integrity, or any other moral rights in the content in connection with its use by WG and other authorized parties;

vi.  You agree to allow use of your name, user name (if applicable), city and state in publicity or advertising without compensation; and

vii. You understand and agree that WG shall have no obligation to copy, publish, display or otherwise exploit the content, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the content by others.