Terms and Conditions ("Terms")

Last updated: November 6, 2019

 

1. Introduction

Please read these Terms and Conditions ("Terms", "Terms and Conditions", "Terms of Use") carefully before using the www.weatherwatch.space website (the "Service") operated by Weather Watch ("us", "we", or "our"). These Terms contained herein on this webpage, shall govern the consumer ("you", "your", "user") use of this Service, including all pages and features within the Service. These Terms apply in full force and effect to your use of this Service and by using this Service, you expressly accept all terms and conditions contained herein in full. You must not use this Service, if you have any objections to any of these Terms.

2. Intellectual Property Rights

Other than the content you own, which you may have opted to include on this Service (i.e. photo gallery media, account media, or anything related to the add-on features within the Service), under these Terms, Weather Watch and/or its licencors own all the rights to the intellectual property and materials contained in this Service, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the materials contained on this Service. Upon leaving the Service, all limited licenses are suspended. All Terms found on third-party sources linked to our Service must be followed. We take no responsibility for the broken Terms of another Service.

3. Restrictions and Termination

You are expressly and emphatically restricted from all of the following:

  1. publishing any Service materials in any media without prior acknowledge by out team;

  2. selling, sub-licensing and/or otherwise commercializing any Service material without prior acknowledge by out team;

  3. publicly performing and/or showing any Service material without prior acknowledge by out team;

  4. using this Service in any way that is, or may be, damaging to this Service;

  5. using this Service in any way that impacts user access to this Service;

  6. using this Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Service, or to any person or business entity

  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service, or while using this Service

  8. using this Service to engage in any advertising or marketing

  9. using this Service to engage in harassment towards another consumer or Service

Certain areas of this Service are restricted from access by you and Weather Watch may further restrict access by you to any areas of this Service, at any time, in its sole and absolute discretion. Any account information (emails, passwords) you may have for this Service are confidential to us and you, this must maintain confidentiality of such information.

4. Your Content

In these Terms, "Your Content" shall mean any video, audio, text, images or other material you choose to display on this Service. With respect to Your Content, by displaying it, you grant Weather Watch a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, public, translate and distribute it in any and all medial. Your Content must be your own and must not be infringing on any third party's rights. Weather Watch reserves the right to remove any of Your Content from this Service at any time, and for any reason, without notice.

5. No Warranties

This Service is provided "as is," with all faults, and Weather Watch makes no express to implied representations or warranties, of any kind related to this Service or the material contained on this Service. Additionally, nothing contained on this Service shall be construed as providing consult or advice to you, excluding emergency safety notes related to weather provided from the Government of Canada or Government of the United States, including all sub-parties running under these sources.

6. Limitation of Liability

In no event shall, Weather Watch, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Service, whether such liability is under contract, tort or otherwise, and Weather Watch, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Service.

7. Indemnification

You hereby indemnify to the fullest extend of Weather Watch from and against any and all liabilities, costs, demands, cause of action, damages and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable of invalid under any applicable law, such unenforceability of invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

Weather Watch is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Service.

10. Assignment

Weather Watch shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Service, constitute the entire agreement between Weather Watch and you in relation to your use of this Service, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, and you submit to the non-exclusive jurisdiction of the province and federal courts located in Ontario.

13. Third Party Links

Our Service may contain links to third-party Services that are not owned, controlled or connected to Weather Watch. Weather Watch has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Weather Watch shall not be 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 Service. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

14. Disclaimer

The information contained on the Service is for general information purposes only. Weather Watch assumes no responsibility for errors or omissions in the contents on the Service. In no event shall Weather Watch be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Weather Watch reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. Weather Watch does not warrant that the website is free of viruses or other harmful components.

 

15. Contact Us

If you have any questions about these Terms, please contact us here.

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