TERMS AND CONDITIONS OF USE
OneTouchWeather.com is the "Site" ("OTW"). Listed below are the terms and conditions of use (the "Terms") for this Site. By using, accessing and/or viewing information on the Site, you (the Participant.) agree to be bound by these Terms. If you violate these Terms, OTW has the right to terminate your use of the Site and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the Site. Participant understands and agrees that its use of this Site is a benefit voluntarily given by OTW and that OTW may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use this Site or the services and information offered herein.
1. PERMITTED USE. You may use the Site 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. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this Site and its Data are provided in Sections 2, 6 and 9 of these Terms and in the Photo Gallery Agreement (where applicable).
2. OWNERSHIP/TRADEMARKS. 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.
4. Monitoring. OTW shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, OTW shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, 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 that of OTW.
5. LINKS. The Site may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by OTW or by any of its third-party providers regarding the content of those other websites. Neither OTW nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content.
6. BLOGS/DISCUSSIONS. .Blogs,. or web logs, are a place for individuals to share their interest in weather and travel with other users of OneTouchWeather. OTW is not an editor or publisher of the information, advice, ideas, statements, offers, sources or opinions (collectively, the .Shared Information.) supplied by third parties and users of the Site and does not have editorial control over such Shared Information. Any Shared Information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of OTW, its employees, agents, representatives or affiliates. OTW does not monitor the content of all the Shared Information twenty-four hours a day and, therefore, does not endorse and cannot be responsible for the appropriateness, accuracy or reliability of any Shared Information made by anyone other than OTWs authorized employees and representatives while acting within the scope of their official capacities. You may post information that is appropriate for general readership. You may not post information that is objectionable, inappropriate or offensive for general readership. OTW is not responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. You may not use the Site and/or the discussion forums to advertise or sell a product or service, or to advertise or direct activity to other websites. You may not use the Site for any commercial purpose without the prior written approval of OTW. OTW shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Site including any material that OTW, in its sole discretion, finds to be objectionable or inappropriate in any way.
7. ADVERTISERS/VENDORS/SERVICE PROVIDERS. The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. OTW will not be responsible for the illegality of or any error in accuracy in any advertisers or sponsors materials. Participant understands and agrees that, in order to provide for the use of this Site, OTW contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this Site or any agreement relating to the Site. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this Site.
8. LIMITATION OF LIABILITY. OTW assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Site. THE SERVICES OF THE SITE ARE PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither OTW nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. OTW DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
9. UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
* Upload, post, email, transmit or otherwise make available any Data or content on the Site as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
* Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Site, its Data and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this Site or its Data;
* Use this Site or the Data or provide, link, or otherwise make available, any information on the Site that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anotherís privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
* Impersonate any person or entity, or otherwise misrepresent your affiliation;
* Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
* 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;
* Attempt to gain access to confidential information to which you are not entitled;
* Modify, reverse engineer, reverse assemble, decompile or hack into any of the software
applications or related tools or utilities used by this Site;
* Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
* By providing Data or material, you also agree to 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 OTW's policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted will be treated as non-confidential and non-proprietary and may be used freely thereafter by OTW for any purposes it deems appropriate including commercial gain. By submitting information to OTW, you automatically grant, or warrant that the owner of such material has expressly granted OTW 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. You also agree to permit any other user of the Site to access, view, download or reproduce the material for any use permitted by the Site. You grant OTW the right to edit, copy, display, publish and distribute any information or material made available on the Site by you.
10. INDEMNIFICATION. You agree to indemnify and to hold OTW, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.
11. VIRUSES. We will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the Site. We do not warrant that the Site, its servers or any Data downloaded from the Site is free from viruses, bugs or other harmful components.
12. MODIFICATIONS/TERMINATION. Without limiting its other remedies, OTW may immediately discontinue, suspend, terminate or block your and any user's access to this Site at any time in its sole discretion. OTW may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Site. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. OTW does not assume any obligation to notify you of changes to these terms and conditions.
13. ENTIRE AGREEMENT. These terms and conditions of use for this website constitute the entire agreement between you and OTW regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of OneTouchWeather. Copyright 2010 Hawie-Baier LLC.
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