Earth Networks, Inc.
WEATHERBUG END USER LICENSE AGREEMENT
UPDATED: October 30, 2013
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING/USING THE SERVICES.
Please read the following terms and conditions before using the WeatherBug website, WeatherBug desktop applications, the WeatherBug Plus application or the various WeatherBug mobile applications (individually, the “Software” and collectively the "Services") provided by Earth Networks, Inc. ("EN") for use as stand-alone products or in conjunction with EN websites and related services. If you do not agree with these terms, do not install or use the Services. EN 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. 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.
THIS SOFTWARE IS ADVERTISING AND SPONSOR SUPPORTED. The Services are provided for your use, as described below, free of charge, (unless you have activated the WeatherBug Plus features by purchasing a subscription to that service), and is supported by advertising and sponsorship revenue. Periodically, on certain version of the software or the website, you may be asked to select a sponsor for a particular session of WeatherBug use. If you decide to select a sponsor in this instance, you will be presented with that sponsor's marketing message through banner advertisements and/or a visit to a page on the sponsor's website. Advertisements will generally be displayed within the frame of the WeatherBug application. Moreover, we may deliver topical weather reports and news and information from our weather experts in separate browser windows that may have advertisements as well. This generally occurs when a larger window is needed to effectively deliver the content being accessed, such as a radar map or forecast table. You will ONLY be shown advertisements from the Software when the Software is actively displaying weather information in a window on your screen.
CONSENT TO INSTALLATION AND RIGHT TO UNINSTALL. You understand that you may uninstall any of our Software at any time by using the Windows “Add/Remove Programs” or “Uninstall Program” function in the case of desktop applications, or the functionality provided by the mobile operating system in the case of mobile applications.. However, by uninstalling the Software, you will be unable to access our Services.
You understand and agree that installation of the Software permits the downloading to your computer by EN of software which allows us to update the Software for the purpose of fixing product defects, enhancing the weather warning, alerting or other functionality, or providing enhancements to improve your interaction with the Software. You will be given notice and an opportunity to accept or refuse any update that we provide. We will also notify you of any material changes that would be made by installing an update.
RESTRICTIONS ON USE
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 offense, gives rise to civil liability or otherwise violate any law. Without EN's express prior approval, 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 on-line information services competitive with the Services. Any conduct by you that in EN's discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted.
The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the contents of the Services are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, 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 downloaded material will be permitted without the express written permission of EN and the copyright owner. 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.
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. Subject to EN's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of EN throughout the universe. By submitting material to EN, you automatically grant, or warrant that the owner of such material has expressly granted EN, its subsidiaries, its affiliates, its contractors, and its licensees 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 EN 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 EN 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.
DISCLAIMER OF WARRANTY.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER EN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT EN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
Lightning/Dangerous Thunderstorm Alert Disclaimer. EXPERIENCE HAS SHOWN THAT THE RESOLUTION, TIMELINESS, AND FORMAT IN WHICH LIGHTNING DATA ARE PRESENTED WITHIN VARIOUS DISPLAYS AND PRODUCTS, DOES NOT PROVIDE A TOTAL SOLUTION WITH REGARD TO ADDRESSING CONCERNS REGARDING THE PRESENCE OF CONVECTIVE ACTIVITY AND/OR LIGHTNING AND THEIR POTENTIAL IMPACT ON THE SAFETY OF PERSONNEL AND/OR SAFEGUARDING OF FACILITIES, WHETHER IT BE OF IMMEDIATE OR SHORT TERM CONCERN. INTERPRETATION AND APPLICATION OF THE DATA, AS WELL AS ANY COMPARATIVE ANALYSIS AND/OR PROGNOSIS OR SIMILAR ACTIVITIES DONE BY ANY USER, ARE DONE SO SOLELY AT THE USER’S RISK AND HAVE NOT DIRECTLY OR INDIRECTLY BEEN IMPLIED, CONDONED OR RECOMMENDED BY EN AND/OR ITS DATA SUPPLIERS.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
TITLE. Title, ownership rights, and intellectual property rights in the Services, the data displayed by the Services shall remain in EN and/or its licensors. The data, software and Services are protected by various copyright laws and treaties. Title and related rights in the data and Services are the property of the applicable content owner(s) and may be protected by applicable law. This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply with the restrictions described herein or if the Services are terminated or expire. On termination of this license, you must destroy all copies of the Software in your possession or control.
EXPORT CONTROLS. The software and any underlying technology may not be exported outside the United States in a manner that is prohibited by applicable export laws and regulations. By downloading or using the software outside the United States, you assume responsibility for compliance with the foregoing.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EN OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF EN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). EN and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR51.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is EN, Inc., 12410 Milestone Center Drive, Suite 300, Germantown, Maryland 20876.
THIRD-PARTY SOFTWARE. Installation and use of any plug-ins or other third-party software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or third-party software.
WEATHERBUG PLUS subscription services (terms and conditions below) are free of third-party advertisements and include enhanced and customizable features that the advertising-supported version does not include. The following applies to the WeatherBug Plus subscription software:
ADVERTISING FREE-WEATHERBUG PLUS SUBSCRIPTION SERVICES. The software is provided for your use, as described above, advertising-free for an annual subscription fee.
PLEASE READ THE FOLLOWING WEATHERBUG PLUS SUBSCRIPTION POLICIES AND PROCEDURES CAREFULLY. BY SUBSCRIBING TO THIS PRODUCT AND/OR CLICKING ON "ACCEPT" BELOW, YOU ARE AGREEING TO THESE TERMS.
If you have downloaded the product, a subscription charge of $19.95 for a 12-month subscription will be charged to Visa, MasterCard, or American Express. This fee includes an annual processing and billing fee of $3.75.
Allow up to 24 hours after the subscription process is completed for WeatherBug Plus subscription services to become available.
Subscription Initiation/Personal Activation Code- Upon subscription and credit card verification new subscribers will receive an introductory email with a billing summary and Personal Activation Code. It will be necessary to reference the Personal Activation Code in all correspondence relating to WeatherBug Plus billing and technical issues.
Personal Activation Codes are sent to subscribers of WeatherBug Plus. Subscribers may activate a WeatherBug Plus subscription on up to two computers using the Personal Activation Code that is sent in the introductory email. In both cases the subscriber must be the primary user of the computer.
NOTE: Keep Personal Activation Codes secure from unauthorized access. Unauthorized use of Personal Activation Code will deactivate WeatherBug Plus features. To report fraudulent use, email us at email@example.com.
WeatherBug Plus subscriptions that were initiated through a downloaded product will renew automatically on the anniversary of each 12-month subscription period. At renewal the subscriber's credit card that was originally used to order a subscription is charged for the next 12-month term. Disruption or termination of subscription services will occur if charges are not received due to a closed or invalid credit card. If for any reason subscriber's credit card is rejected subscriber may receive an email, requesting a valid credit card number to continue their WeatherBug Plus subscription.
Refund Policy and Procedures-
30 Day Risk Free Policy-Within the first 30 days of any 12-month subscription period the subscriber may request, and will be granted, a refund for the entire WeatherBug Plus annual subscription fee of $19.95 (includes annual processing and billing fee of $3.75).
Under no circumstances will refunds be granted for any prior 12-month subscription period or for the remainder of the days within the calendar month in which a refund is requested (unless requested in first 30 days of subscription). All refunds will be credited to the original credit card used when subscribing to WeatherBug Plus. To request a refund subscribers should email firstname.lastname@example.org and request a refund by including their Name, Address, Phone, Email, and Activation Code.
Credit Card Liability
Earth networks, Inc. does not collect or store credit card information in fulfilling WeatherBug Plus subscriptions. Volusion, Inc. and CyberSource Corporation (a Visa company) administer WeatherBug Plus credit card authorization, processing and charges. WeatherBug and/or Earth Networks, Inc are not responsible for any unauthorized use or release of credit card information by those entities.
AMENDMENT. EN may, in its sole discretion, change, modify, add or remove portions of this license at any time. EN may notify you of any such changes by posting notice of such changes on the WeatherBug website(s),or applications. Your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software and the Services.
MISCELLANEOUS. This Agreement represents the complete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Maryland law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Revised: October 30, 2013
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