Please read the following information.
1. ACCEPTANCE OF TERMS AND CONDITIONSWelcome to Weather Democracy. ("Weather Democracy" or "WD") provides its service to you ("You" shall mean any user or person who accesses this website or any related or associated website), subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. You can review the most current version of the TAC at any time at: http://weatherdemocracy.com/Home/About. In addition, when using Weather Democracy, You may be subject to certain rules, requirements, guidelines or additional terms (which may be posted from time to time) applicable to the use of this website, contest, give-away, or other such services and which are incorporated by reference into the TAC. All such guidelines, terms or rules are hereby incorporated by reference into the TAC. Weather Democracy may also offer other services that are governed by different terms, conditions, rules or regulations.
2. DESCRIPTION OF SERVICEWeather Democracy currently provides users with access to resources, including, various weather services, and forums that may be accessed through various mediums or devices now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Weather Democracy to provide the Service. You understand and agree that the Service may include certain communications from Weather Democracy, such as service announcements and administrative messages that are considered part of the Weather Democracy sign-up or membership, and that you cannot opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Weather Democracy websites, are subject to these TAC. You understand and agree that the Service is provided "as-is" and that Weather Democracy assumes no responsibility for the timeliness, deletion, failure to delivery failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Weather Democracy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Weather Democracy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) and to disentitle you to enter into or otherwise take part in any contest or giveaway relating to Weather Democracy.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITYDuring registration for a Weather Democracy member I.D., you will select a password and Weather Democracy I.D. Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify Weather Democracy of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Weather Democracy will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCTYou understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You and not Weather Democracy, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Weather Democracy does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Weather Democracy be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree that you will not use the Service to:
You acknowledge that Weather Democracy does not pre-screen Content, but that Weather Democracy and its designees have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Weather Democracy and its designees shall have the right to remove any Content that violates the TAC or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Weather Democracy or submitted to Weather Democracy that is available on any part of the Service.
You acknowledge and expressly consent to Weather Democracy accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Weather Democracy, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Weather Democracy and/or content providers who provide Content to the Service. You agree that You will not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICEWeather Democracy! does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Weather Democracy the following world-wide, royalty free and non-exclusive license(s), as applicable:
You irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity in the Content You submit.
You agree to indemnify and hold Weather Democracy and its subsidiaries, affiliates, officers, employees, agents, co-branders, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content You submit, post, transmit or make available through the Service, Your use of the Service, Your connection to the Service, Your violation of the TAC, or Your violation of any rights of another.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Weather Democracy! may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that postings or other uploaded Content will be retained by the Service, the maximum size of any Content that may be sent from or received by an Weather Democracy member ID on the Service, the maximum disk space that will be allotted on Weather Democracy's servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Service in a given period of time. You agree that Weather Democracy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Weather Democracy reserves the right to log off accounts that are inactive for a certain period of time as determined by Weather Democracy. You further acknowledge that Weather Democracy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Your agreement to this TAC constitutes Your consent to allow Weather Democracy to store Content on its servers.
10. MODIFICATIONS TO SERVICE
Weather Democracy reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Weather Democracy will not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION AND RECYCLING OF ACCOUNTS
You agree that Weather Democracy!, in its sole discretion, may terminate Your account or any part thereof, including any associated email address or your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if Weather Democracy believes that you have violated or acted inconsistently with the letter or spirit of the TAC or other incorporated agreements or guidelines, (c) requests by law enforcement or other government agencies, (d) a request by You to terminate Your Weather Democracy member ID, (e) discontinuance or material modification to the Service or any part thereof, (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if You have or we believe You have engaged in illegal activities, including without limitation, fraud, and/or (i) nonpayment of any fees owed by You in connection with the Services. Weather Democracy may also, in its sole and absolute discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of Your access to the Service under any provision of this TAC may be effected without prior notice and that Weather Democracy may immediately deactivate or delete your account and all related associated with Your Weather Democracy member ID and/or bar any further access to such Content or the Service. Further, You agree that Weather Democracy is not liable to You or any third-party for termination of Your account, including any associated Weather Democracy member ID, or termination of Your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions, associated with such dealings, are solely between You and such advertiser. You agree that Weather Democracy is not responsible or liable for any representation, promise, good or service, loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other internet sites or resources. Since Weather Democracy has no control over such sites and resources, You acknowledge and agree that Weather Democracy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Weather Democracy is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. WEATHER DEMOCRACY! PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Weather Democracy or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Weather Democracy grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Weather Democracy for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
2. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEATHER DEMOCRACY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEATHER DEMOCRACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. You agree that, except as otherwise expressly provided in this TAC, there shall be no third party beneficiaries to this Agreement.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TAC or other matters by displaying notices or links to notices to You on the Service from time to time. Your agreement to this TAC constitutes Your agreement that You are deemed to have received any and all notices that would have been delivered had You accessed the Service in an authorized manner.
4. TRADEMARK INFORMATION
You agree that all of Weather Democracy’s trademarks, trade names, service marks and other Weather Democracy logos and brand features, and product and service names are trademarks and the property of Weather Democracy Inc.(use corporate name) (the “Weather Democracy Marks”). You agree not to display or use in any manner the Weather Democracy Marks without Weather Democracy’s prior written permission.
5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Weather Democracy respects the intellectual property of others, and we ask our members to do the same. Weather Democracy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of members who may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Weather Democracy with sufficient information in writing to permit Weather Democracy to conduct its investigation into Your claim and email same to us.
6. GENERAL INFORMATION
Entire Agreement. The TAC constitutes the entire agreement between you and Weather Democracy and govern Your use of the Service, superseding any prior agreements, oral or written, between You and Weather Democracy with respect to the Service. You may also be subject to additional terms and conditions that may apply when You use or purchase certain Weather Democracy services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TAC and the relationship between you and Weather Democracy shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and Weather Democracy agree to submit to the personal and exclusive jurisdiction of the courts located within City of London in the province of Ontario, Canada.
Waiver and Severability of Terms. The failure of Weather Democracy to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that Your Weather Democracy account is non-transferable and any rights to Your Weather Democracy member I.D. or Content within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all Content permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Weather Democracy may reasonably require from time to time for the purpose of giving effect to these TAC, including regularly reviewing the TAC and updating your registration information.
Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
Headings. The section titles in the TAC are for convenience only and have no legal or contractual effect.