Terms & Conditions
You may use the Site (weatherman.com) and the features, information, pictures and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Weatherman.com 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. These Services are owned and operated by Weatherman.com.
The Participant does not acquire or have any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law. Weatherman.com logos and slogans are the property of weatherman.com and may not be used in any form without expressed written consent.
Restricted and Unauthorized Use
By using this service, weatherman.com’s affiliates and third parties, you agree not to use or attempt to use any method, device, software or routine to harm others or interfere with functioning of watherman.com or use and/or monitor any information in or related to weatherman.com for any unauthorized purpose. You, the participant, agree not to do (or permit any other person, entity, employees, third parties or agents) any of the following, regardless of being authorized or unauthorized to do so:
- Use the Services of weatherman.com to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with weatherman.com. Any conduct by you that restricts or inhibits any other user or entity from using or appreciating the services of weatherman.com will not be permitted.
- Distribute, publish, post or transmit any material that infringes or violates the rights of other users in any way, that is profane, vulgar, obscene, threatening, abusive, defamatory, invasive of privacy or public rights, unlawful, for which conduct of such would constitute a violation of the law or a criminal offence. This includes but is not limited to, the transmitting of information related to any advertising or solicitation about products and services offered by you or any other entity.
- E-mail, upload, text, post, transmit or otherwise make available any material on weatherman.com, its affiliates or third parties, that is protected by copyright, trademark and patent law, of which you do not possess or hold the rights or license to do so. The resulting damages from infringing on legally protected material, copyrights, trademarks and patents, will be the sole responsibility of you, the infringer.
- Act or impregnate another person or entity, or misrepresent who you are in anyway.
- Upload, post, email, transmit, link to or otherwise make available any information on the Site that infringes any intellectual property rights or other proprietary rights of others, or that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, Data, hardware, telecommunications equipment, or communications ability on both weatherman.com and it’s users equipment.
- Delete or alter any information on the site that was not provided by you.
- By you supplying Data to weatherman.com in the form of but not limited to E-mails, posts, upload, ideas, messages, images, concepts, suggestions you agree that it is non-confidential and non-proprietary, which can be used by weatherman.com in any way deemed appropriate, even for commercial gain. Upon the submitting of any data, material or information you automatically grant or warrant that the owner of such Data, material or information has expressly granted weatherman.com a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. Other users of weatherman.com have permitted access by you, to view, download or reproduce the data, material or information for any use permitted by weatherman.com.
- The Participant shall be responsible for obtaining and maintain all equipment required to access weatherman.com, including but not limited to, telephone, computer hardware, and related service charges.
Disclaimer of Warranty:
THE SITE WEATHERMAN.COM AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Limitation of Liability:
IN NO EVENT SHALL WEATHERMAN.COM OR ITS AFFILIATES, OR SUPPLIERS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WEATHERMAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE SERVICES THAT YOU USE WITH WEATHERMAN.COM OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL WEATHERMAN.COM BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR IT’S CONTENT.
You agree to indemnify and hold Weatherman.com, its officers, directors, shareholders, predecessors, employees, agents, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Weatherman.com by any third party due to or arising out of or in connection with your use of the Site, weatherman.com.
Links to Other Sites and Advertising:
This Site (Weatherman com) may contain links and advertisements to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors and provide a source of revenue for weatherman.com. Such Linked Sites are not under Weatherman.com’s control, and Weatherman.com is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Weatherman.com is not responsible and is not liable for any viruses or other harmful components that affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from weatherman.com. We also do not warrant that the servers or any data downloaded from weatherman.com is virus free, bug free and free of harmful components. The Participant shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of weatherman.com’s services and all charges related to the equipment needed to use the service.
Third Party Cookies:
Weatherman.com may use 3rd Party advertising companies to serve ads when you visit this Weatherman.com. These companies may use information about your visit to Weatherman.com (Not including your name, address, or other Personal Information) to provide advertisements, other websites, and other forms of media about goods and services. For information on these practices you can read more at http://www.google.com/doubleclick/privacy/
Changed Terms of Service:
Weatherman.com may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services. If updated or changed, the updated Terms will be updated at http://www.weatherman.com/terms-of-service/. The updated Terms will become effective immediately upon the updating of http://www.weatherman.com/terms-of-service/. Weatherman.com holds no responsibility or obligation for notifying you of the update to the terms of service; it is the Participants responsibility to check these terms of service periodically when visiting the site. The use of the services after such changes will be deemed to constitute acceptance of the changes.
To the maximum extent permitted by law, these Terms of Service are governed by the laws of the Commonwealth of Massachusetts, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
Copyright and Copyrights Claim:
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting our copyright agent (identified below) and providing the following information required by Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"): ALL INQUIRIES NOT RELEVANT TO THE SERVICES WILL RECEIVE NO RESPONSE.
- 1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- 2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- 3. Your name, address, telephone number and (if available) e-mail address.
- 4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- 5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- 6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this web site is as follows:
34 Clarke Street
Boston, MA, 02113