TERMS OF USE

Last Updated March 10, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY AND COMPLETELY BEFORE USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES (DEFINED BELOW). 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. Services Covered; General Terms.

A. These Terms of Use are between TWC Product and Technology LLC and its affiliated companies (collectively "TWCL") and you. The services covered by these Terms of Use ("Services") include all versions of TWCL's weather.com® website (the "Site"), mobile websites, and other Internet enabled or wireless means by which TWCL provides content to you or receives content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, The Weather Channel® personal computer applications, mobile applications, and tablet applications), content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products, and delivery of TWCL content to you at your request. For purposes of these Terms of Use, "Services" do not, however, include: (A) websites, mobile websites, downloadable or preloaded software applications, content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, and alert products of TWCL (i) that are provided under TWCL's Weather Underground brand and have separate terms and conditions made available to you, or (ii) that primarily serve advertising customers and have separate terms and conditions made available to you, or (B) any other products or services of TWCL. The Services are owned and operated by TWCL, but the Services may include elements licensed from or provided by third parties.

B. TWCL (along with its licensors) retains all right, title and interest in and to the Services, including all intellectual property rights therein. TWCL 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. TWCL has the right to terminate and/or suspend your ability to access the Services 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). All fees paid for use of or access to the Services are 100% non-refundable unless stated otherwise in separate terms and conditions provided when you sign up for a particular Service or unless applicable law provides otherwise. The Services are intended for use by a general audience and are not directed to those under the age of 13.

2. Privacy Policy. By using any of the Services or by agreeing to these Terms of Use, you are also agreeing to the terms of TWCL's Privacy Policy (located at weather.com/ms-MY/privacy-policy-directory) and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.

 

3. Registration.

A. 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. If you are a resident of the United States of America, you must be at least 13 years of age to register. If you are a resident of any other country or territory, you must be at least 18 years of age to register. By registering to use the Services, you represent that you are of the minimum registration age or older, and if you are under the age of majority in your country, state or territory, you represent that you either are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit material, participate on Services, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and TWCL. TWCL will use the information you provide upon registration and thereafter in accordance with TWCL's Privacy Policy.

B. 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 TWCL 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 authorised such access or use, and for ensuring that all use of your account complies fully with these Terms of Use.

4. Restrictions on Use; Limited Licence.

A. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material 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 offence, gives rise to civil liability or otherwise violates any applicable laws, rules, or regulations, whether federal, state, local, foreign or international. You shall not post or transmit through the Services any material 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. You shall not (i) impersonate any person or entity, or otherwise misrepresent your affiliation; (ii) manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information; (iii) alter or delete information not provided by you, interfere with the operation of the Services, or upload, post, email, transmit, link to or otherwise make available any content that contains any virus, worm, computer code, file, or other material intended to cause the interruption, destruction, or loss of functionality of any Services, computer software, data, hardware, telecommunications equipment, or communications ability; (iv) attempt to gain access to confidential information to which you are not entitled; (v) modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by any Services; (vi) monitor any information in or related to the Services for any unauthorised or commercial purpose; or (vii) access, monitor or copy, or permit another person or entity to access, monitor or copy, the Services using so-called bots, spiders, scrapers or other automated means or manual processes without TWCL's express written permission. Any conduct by you that in TWCL'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, data, 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 TWCL or licensed from third parties. Subject to all of the terms and conditions of these Terms of Use, TWCL grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable licence to access and use the Services for your personal, non-commercial use only. While you may access, view, use and display the Services for your personal, non-commercial use, you may not modify, reproduce, distribute, publicly display, publicly perform, rent, lease, 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 expressly indicated by TWCL in the Services, as expressly permitted under copyright law, or with the express written permission of TWCL and any relevant third party copyright 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. Some of the Services may include information sourced from the U.S. National Oceanic and Atmospheric Administration/National Weather Service, such as (without limitation) severe weather alerts, which information is in the public domain and is not subject to copyright protection. TWCL does not claim to own or control such information.

C. You are solely 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.

D. TWCL reserves the right to modify, add or remove features or functions of the Services. For certain Services which are software applications, from time to time TWCL may require the update of the Services on your computer or other device when a new version of the Services becomes available. This update may occur automatically or through other means, or you may be required to download the update before continuing to use the Services. Notwithstanding the foregoing, TWCL has no obligation to make available to you any updates or new versions of the Services.

E. If you sign up or request to receive alerts, forecasts, notifications or other communications from TWCL through the Services, you expressly consent to receiving such communications in the form of telephone calls, text messages, push alerts, in-app messages, pop-up messages, and e-mails, as applicable, to the contact points identified through the Services, and in the case of telephone calls and text messages, you expressly consent to receiving calls that use an automatic telephone dialling system and pre-recorded or artificial voice messages. You acknowledge and agree that certain communications are advertising-supported services and you consent to receive advertising in such communications.

F. The foregoing provisions of Paragraph 4 are for the benefit of TWCL, its subsidiaries and affiliates and its third party content providers, contractors, advertisers and distributors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. User Submissions.

A. By submitting material to TWCL or the Services, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you automatically grant, or if you are not the sole owner you warrant that the owner or co-owners of such material have expressly granted, to TWCL, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty- and payment-free, worldwide, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (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; you hereby grant any other user of the site the right to access, view, store or reproduce the material for that user's personal use; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by TWCL and other authorised parties; you agree to allow use of your name, user name, geographical location, and descriptions and text accompanying your submissions on the Services and in publicity or advertising without compensation; and you understand and agree that TWCL shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall TWCL be obligated to prevent, or have any liability for, any unauthorised copying, publishing, displaying or other exploitation of the materials.

B. TWCL shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. TWCL does not have an obligation to review submitted material on the Services, and TWCL cannot assure that submitted material, including but not limited to user-reported weather, road conditions, environmental, travel, or other conditions, will be accurate, complete, timely, reliable, useful, appropriate or appropriately expressed. While TWCL may review submissions, TWCL does not assume responsibility for the contents of any submission. YOU SHOULD NOT RELY OR TAKE ANY ACTION BASED UPON USER SUBMISSIONS THAT COULD INVOLVE OR LEAD TO RISK, DANGER OR HARM OF ANY KIND, INCLUDING, BUT NOT LIMITED TO RISK TO A PERSON'S SAFETY, SECURITY OR HEALTH, PROPERTY DAMAGE, OR ECONOMIC LOSSES. TWCL may choose not to publish all or any material submitted to the Services at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, TWCL shall have the right to remove any material that TWCL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. TWCL reserves the right to alter content as appropriate for the medium.

C. You will not e-mail, upload, post or otherwise make available on the Services any material that could foreseeably pose risk, danger or harm of any kind, including, but not limited to risk to a person's safety, security or health, property damage, or economic losses. You will not e-mail, upload, post or otherwise make available on the Services any material 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 material, and the burden of determining whether any material is protected by such rights rests with you. You will be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from your submissions.

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

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

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

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

• iii. TWCL's exercise of the rights granted to TWCL by you under Paragraph 5.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 understand and agree that TWCL shall have no obligation to copy, publish, display or otherwise exploit the material, nor shall it be obligated to prevent, or have any liability for, any unauthorised copying, publishing, displaying or other exploitation of the material by others; and,

• v. you are 13 years of age or older if you are a resident of the United States of America, or you are 18 years of age or older if you are a resident of any other country or territory, and, if you are under the age of majority in your country, state or territory, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit material, participate on Services, and fulfil the obligations set forth in these Terms of Use, which form a binding contract between you and TWCL.

6. Text/SMS Messages and Alerts. The terms and conditions in this Paragraph 6 relate specifically to your use of any of TWCL's text/SMS message and alert Services, which are offered in the United States only. These Services provide messages and alerts related to weather and weather-related conditions and occurrences and other types of information as specified in the Services via text/SMS means.

A. Subscription to the Service. By subscribing to the Services, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which directing messages are to be sent. You agree and represent that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the Services, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Services by you and anyone you allow access to the Services.

B. Short Code; Quantity of Messages. Text message weather alerts will come from short code 78676. TWCL provides several types of recurring messages and alerts. Some are sent daily and some are sent only when certain conditions occur. The number of alerts received will vary by alert type and also depends on the settings you choose and the weather conditions in the relevant location. You acknowledge and agree that TWCL may send you programme-related messages related to billing, maintenance, usage, tips, reminders, technical support and the operation of the Services.

C. Functionality; Security; Mobile Use Precautions. The Services may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier's network and text messaging platform, and restrictions set by your carrier to your account. Neither TWCL nor its third party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that Services will be available at all times. Neither TWCL nor its third party service providers are responsible for messages that are lost or misdirected.

D. Third Party Charges and Mobile Alerts. A mobile phone or wireless device is required to use the Services. The Services are not available on all carriers or on all rates plans. Even for Services for which TWCL does not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will TWCL, its third party service providers, agents or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.

E. How to Opt Out. You may opt out of the Services at any time by texting the keyword "STOP" to 78676. If you have registered for the Services at weather.com, you may also have the ability to opt out by signing into your Account and disabling the Services. Upon receipt of your opt-out message, you agree to TWCL or its third party service provider sending to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in the Services and that may also contain contact information and/or instructions as to how you can opt back in to the Services. You agree that, upon opt-out, your participation in the Services is deemed terminated immediately.

F. Customer Care. For customer support, text "HELP" to 78676, go on the Internet to feedback.weather.com, or email [email protected].

7. Disclaimers; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL CONTENT, INFORMATION, FORECASTS, AND ALERTS INCLUDED THEREIN AND ALL PRODUCTS OR MERCHANDISE PROVIDED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, OTHER THAN THOSE WARRANTIES WHICH ARE BOTH IMPLIED BY APPLICABLE LAW AND MADE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER TWCL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, DISTRIBUTORS OR LICENSORS (COLLECTIVELY, "COVERED PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT, INFORMATION, FORECASTS, ALERTS, PRODUCTS OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

B. CERTAIN SERVICES ARE NOT AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. TWCL MAKES NO REPRESENTATION THAT SUCH SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT THAT YOU MAKE USE OF SUCH SERVICES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS.

C. TWCL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF ANY LOCATION DATA OR LOCATION CAPABILITIES OF THE SERVICES. BE CAUTIOUS WHEN SHARING LOCATION INFORMATION WITH OTHERS.

D. WITH RESPECT TO THE COMMUTER FORECAST AND SIMILAR SERVICES MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE AND AGREE THAT MAP DATA, TRAFFIC DATA, DIRECTIONS, AND RELATED CONTENT ARE PROVIDED FOR PLANNING PURPOSES ONLY. YOU MAY FIND THAT WEATHER CONDITIONS, CONSTRUCTION PROJECTS, CLOSURES, OR OTHER EVENTS MAY CAUSE ROAD CONDITIONS OR DIRECTIONS TO DIFFER FROM THE MAP RESULTS PROVIDED TO YOU THROUGH COMMUTER FORECAST OR SIMILAR SERVICES. YOU SHOULD EXERCISE JUDGEMENT IN YOUR USE OF SUCH SERVICES AND MUST OBEY ALL SIGNS OR NOTICES REGARDING YOUR ROUTE.

E. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COVERED PARTIES SHALL NOT BE LIABLE IN CONTRACT, IN TORT, UNDER A NEGLIGENCE THEORY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING STRICT LIABILITY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER LOSSES (EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SERVICES DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND EVEN IF COVERED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS, LIABILITY, DAMAGE, OR EXPENSE), DIRECTLY OR INDIRECTLY RESULTING FROM OR ARISING OUT OF: (i) YOUR USE OR YOUR INABILITY TO USE THE SERVICES, (ii) YOUR CREATION OF CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO THE SERVICES ; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iv) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH COVERED PARTIES HAVE NO CONTROL; (vi) THESE TERMS OF USE; (vii) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH), OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES OR THE CONTENT, INFORMATION, FORECASTS, ALERTS, PRODUCTS OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

F. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL TWCL'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, TWCL'S OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU TO TWCL, IF ANY, FOR OBTAINING OR ACCESSING THE SERVICES.

G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, THOSE PROVISIONS OF THESE TERMS OF USE WHICH ARE CONTRARY TO OR ARE NOT ENFORCEABLE UNDER APPLICABLE LAW SHALL NOT APPLY TO YOU AND DO NOT AFFECT ANY STATUTORY RIGHTS AVAILABLE TO YOU WHICH MAY NOT BE DISCLAIMED OR LIMITED; PROVIDED, HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT THE REMAINDER OF THIS PARAGRAPH 7 AND THESE TERMS OF USE SHALL CONTINUE TO BE BINDING AND ENFORCEABLE.

8. Indemnification. You agree to defend, indemnify and hold harmless TWCL and its suppliers, advertisers, licensors, distributors, representatives, agents and affiliated companies and their respective directors, officers, employees, contractors, representatives and agents (collectively, "Indemnitees") from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs)(collectively, "Losses") arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorised use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of these Terms of Use. If, despite the personal nature of the licences granted to you under these Terms of Use, you allow any individual to use the Services, or provide to any individual any information received via the Services, you agree to inform such individual of the existence and provisions of these Terms of Use, which shall be binding upon such individual, and you agree to defend, indemnify and hold harmless the Indemnitees from any and all Losses related to such individual's use of, or receipt of information from, the Services. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.

 

9. Trademarks. The Weather Channel, weather.com, and TWCL's logos are trademarks of The Weather Channel, LLC. All rights reserved. All other trademarks appearing on the Services are the property of TWCL or their respective owners.

 

10. Third Party Content, Links, Services and Distribution.

A. TWCL is not a publisher of content supplied by third parties and users of the Services. Accordingly, TWCL 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 TWCL. In many instances, the content available through the Services represents the opinions and judgements of the respective information provider or user. TWCL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorised TWCL employee spokespersons while acting in their official capacities.

B. Some of the Services incorporate links to websites, applications and services operated by third parties. You acknowledge that these links are provided solely as a convenience to you. TWCL does not in any way endorse, nor is it responsible for the operation of, or content provided through, websites, applications and services operated by third parties, and your use thereof is at your own risk.

C. Some content or functionality of certain Services may be provided through or enabled by device manufacturers, communications carriers, distributors or other third parties not controlled by or affiliated with TWCL. You acknowledge that phone service, Internet or data access, or SMS messaging service may be required in order for you certain Services. You are responsible for obtaining all such services and access at your sole cost, and TWCL shall have no responsibility or liability for any such services or access.

D. If you obtain or access Services in the form of a downloadable or preloaded software application (including, without limitation, computer, mobile, or tablet applications) through Apple's App Stores, Google's Play stores, Amazon's Appstore for Android, or Microsoft's Windows Store or Windows Phone Store, you acknowledge that, as applicable, Apple Inc., Google Inc., Amazon.com, Inc. or Microsoft Corporation, and their subsidiaries and affiliates, are third party beneficiaries to these Terms of Use, and will have the right to enforce these Terms of Use against you as a third party beneficiary. You acknowledge that these third-party beneficiaries are not parties to these Terms of Use and are not responsible for the provision, maintenance or support of the Services. You agree that your access to the foregoing Services shall be subject to and in compliance with the usage terms set forth in the applicable third-party beneficiary's terms of service, terms of use, end user licence agreement or similar terms to which you are bound.

E. The business associates of TWCL identified on the Services are independent contractors of TWCL. The business associates are not joint venturers or partners of TWCL. No employee or representative of the business associates is under the control of TWCL.

F. Some of the Services may provide severe weather alerts sourced from the MeteoAlarm website (www.meteoalarm.eu) published by EUMETNET and its participating National Meteorological Services. TWCL does not claim copyright ownership with respect to such information, which is either owned by its respective producers or is not subject to copyright, depending upon the information and the laws of the country providing the information (Further information can be obtained from: [email protected]). Time delays between the Services and the www.meteoalarm.eu website are possible, so for the most up to date information about alert levels as published by the participating National Meteorological Services, please use www.meteoalarm.eu.

G. In addition to displaying weather data on the Services, TWCL also licenses weather data to thousands of customers around the globe for utilization and display on their own properties. In implementing weather data on their own properties, licensed customers of TWCL may choose to select different names and/or country associations with respect to some geographic locations in their own discretion and without TWCL’s endorsement.

11. Export Control. Software and other materials from the Services may be subject to United States export control laws. The United States export control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. TWCL does not authorise the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States export control laws. You assume responsibility for compliance with the foregoing. If you use any software from the Services which are subject to United States export control laws, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

12. Copyrights and Copyright Agent. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide TWCL's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):

A. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TWCL to locate the material;

D. Information reasonably sufficient to permit TWCL to contact you;

E. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on the Services can be reached as follows:

Steven Purdy
IBM (other than IBM Cloud and IBM Cloud Video)
1 North Castle Drive
Armonk,  NY  10504
Phone: 914-765-4739
Email: [email protected]

This contact information is only for reporting copyright infringement under United States law. To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints and questions related to the Services, please use the contact information specified in Paragraph 16.

TWCL has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.

13. Changed Terms. TWCL has the right at any time, in its sole discretion, 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 (i) 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 or (ii) where required by law, 30 days after their publication through the Services. Any use of the Services by you, including without limitation, your continued submission of content to the Services, after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. If any modification to these Terms of Use is unacceptable to you, you must immediately terminate your use of the Services.

 

14. Termination.

A. TWCL has the right to terminate and/or suspend your ability to access the Services or any portion thereof, for any or no reason, at any time, without notice (except as and when required by law or as stated in these Terms of Use). In addition, your licence to the Services may, at TWCL's discretion, be terminated when new versions of the Services are released, and your use of such new versions, if you choose to use them, shall be governed by the Terms of Use made available by TWCL at such time.

B. Your licence to use the Services under these Terms of Use and any obligations of TWCL to you will automatically terminate if you fail to comply with any term of these Terms of Use. No notice shall be required from TWCL to effect such termination. In the event of such termination resulting from your failure to comply with these Terms of Use, you will receive no refund of any amounts paid for the Services.

C. The following paragraphs shall survive termination of these Terms of Use: 1, 2, 4F, 5, 7, 8, 11, 14, 15 and 16.

15. Miscellaneous.

A. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired. The paragraph headings used herein are for convenience only and shall not be given any legal import.

B. The rights licensed to you hereunder are personal to you, and may not be transferred to, assigned to, or used by any other person without TWCL's express prior written consent.

C. These Terms of Use shall be construed in accordance with the laws of the United States of America and the State of Georgia, U.S.A. without regard to its conflicts of law principles. All disputes under these Terms of Use shall be resolved by the State or Superior Courts of Cobb County in the State of Georgia or in the United States District Court for the Northern District of Georgia, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defences otherwise available to it.

D. No waiver by TWCL of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

E. Any translation of these Terms of Use is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of these Terms of Use shall govern. If you are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that these Terms of Use and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

16. Notice. All notices contemplated by these Terms of Use will be in writing. TWCL may provide notice to you via electronic mail or the Services. All notices to TWCL shall be addressed to

TWC Product and Technology LLC, 1001 Summit Blvd NE, Floor 20, Atlanta, GA 30319, Attn: Legal Dept., Email: [email protected] Customer Support: On the Internet, visit: feedback.weather.com.

Contact information for the Web editor of our websites:

TWC Product and Technology LLC 
1001 Summit Blvd NE, Floor 20, 
Atlanta, GA 30319 
U.S.A. 
Attn: Web Editor

Customer Support:

On the Internet, visit: feedback.weather.com 
Email within the United States: [email protected] 
Email outside the United States: [email protected]