1. Acceptance of Agreement.
The content, organization, graphics, design, compilation, Widgetic translation, digital conversion and other matters related to the Network are protected under applicable copyrights, trademarks and other property (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Network, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Network.
3. Service Marks.
"WeatherThreat.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Network may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Network strictly in accordance with this Agreement; (b) to use the Network solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Network solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Network or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Media Members only are permitted additional use of the Network as defined in Section 25.
5. Restrictions and Prohibitions on Use.
We make available through the Network weather-related closings, other weather-related information, and public alerts (collectively, "Closings"). All Closings are provided on a non-exclusive license basis only for your personal use for non-commercial purposes (See Section 25 for additional Media allowances), without any right to re-license, sublicense, distribute, assign or transfer such license. Closings are provided without any representations or warranties, express or implied, as to their suitability, completeness, currentness, accuracy, and/or appropriateness. THE CLOSINGS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WE AND ANY PROVIDER OF THE CLOSINGS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Linking to the Network.
You may provide links to the Network, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Network, (b) your Network does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Network immediately upon request by us.
The Network may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Network is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Network may require you to register. If registration is requested, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use.
10. Errors, Corrections and Changes.
We do not represent or warrant that the Network will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Network will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Network at any time. We reserve the right in our sole discretion to edit or delete any Closings, information or other content appearing on the Network.
11. Third Party Content.
Third party content may appear on the Network or may be accessible via links from the Network. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Network. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and Closings, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Network.
Your right to use the Network is not transferable or assignable. Any password or right given to you to obtain information or Closings is not transferable or assignable.
THE INFORMATION, CONTENT AND CLOSINGS FROM OR THROUGH THE NETWORK ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 16(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS NETWORK AND THE PRODUCTS, SERVICES, CLOSINGS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE NETWORK OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Network or any services or products obtainable therefrom, (2) the unavailability or interruption of the Network or any features thereof, (3) your use of the Network, (4) the content contained on the Network, or (5) any delay or failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE NETWORK AND/OR THE PRODUCTS, INFORMATION, CLOSINGS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $10 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
17. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Network uses by you and all information provided by you. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
In compliance with the Children’s Online Privacy Protection Act of 1998, WeatherThreat.com does not accept registrations from those under 13 years of age. By registering with WeatherThreat.com, you represent that you are at least 13 years old.
18. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER WEBSITE LINKED TO OUR NETWORK.
19. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Networks. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
21. Links to other Websites.
The Network contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Network does not imply approval or endorsement of the linked website by us. If you decide to leave our Network and access these third-party websites, you do so at your own risk.
22. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Network;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We can be reached by directing an e-mail to firstname.lastname@example.org.
23. Information and Press Releases.
The Network contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
24. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Network and the Content and Materials provided therein.
25. Additional Responsibilities for Media Members.
(a) This Section (Section 25) is only applicable to you if you are a member of the Media ("Media Member") that we have given a username and password to post Closings to and display Closings from the Network according to the terms found in this Agreement. Unless otherwise explicitly noted by us, one account is good for one organization only. Multiple accounts are needed if more than one organization (such as more than one newspaper, radio station, or TV station) will be using the Closings. Each account is required to enter into this Agreement individually. This Agreement is intended to apply to Media Members that are using a free (sponsored) version of the Network. Media Members using a paid version of the Network may be required to sign a separate agreement that enhances and/or supersedes this agreement.
(b) As a Media Member, you agree to display your coverage area’s Closings on your primary website in a prominent location that is easy to find. You agree that, at all times, you will display the Closings notification box ("Widget") on your home page EVERY DAY OF THE YEAR AND AT ALL TIMES and that your Widget will link directly to your approved Closings page. Your sponsored account is paid for through third-party sponsorships that require us to display advertisements on both the Widget and the Closings page. It is imperative that you properly display your Closings and Widget. If you fail to properly display your Closings and Widget on your website during these required months, then you agree that you will be required to sign up for an acceptable paid plan, which does not require you to display our sponsors’ messages or the Widget. You will not be allowed to "quit" the Network to avoid these requirements and then rejoin again on a repeat basis; you will be permanently banned from the Network.
(c) This Agreement is subject to change at any time. You agree that we can terminate your account at any time for any reason. You may also terminate your "free"/sponsored account at any time with written notice to us. It is important to know that, in order to prevent abuse, you may not be allowed to rejoin the Network if your account is terminated.
(d) As a Media Member, you are allowed, but not required to dictate your account’s Closings on-air. You are not required to mention our sponsors during dictation, however, you are required to inform your viewers and listeners that the Closings are provided by the Network and, as such, are protected property. If you are a TV Media Member, you are permitted, but not required to use our television feed to display Closings on-air, if we have explicitly granted you this permission. As a TV Media Member, you agree not to alter the feed without our written permission and you must allow our sponsor messages to be shown on air with the rest of the Closings as intended. To make use of our television feed, your station must be equipped with the ability to grab and parse XML data from the Internet and send that data out to air. As a Media Member, the only place you are required to distribute Closings is on your website according to the terms found in this Agreement.
(f) As a Media Member, you agree to allow schools in your coverage area to call your place of business with school closing information. You agree to enter this closing information for the school into the Network. You agree to keep your phone number current with WeatherThreat.com and the schools. You are encouraged to inform schools that they can sign up for free accounts by following the instructions found at WeatherThreat.com.
(g) You agree to periodically print off Closings from your Closings page in case the Network fails.
(h) Special Noncommercial Media accounts may be granted by us at our sole discretion. These accounts may require the account holder to pay a special fee that differs from other Media accounts.
(i) You agree that you must authenticate every Closing that you enter into the Network. You must obtain permission from the reporting source before publishing any Closing on the Network.
(j) You acknowledge that we will use Closings and other Network information in our mobile device applications (apps) and possibly in other 3rd party apps and services.
(k) You are not allowed to create your own app that uses the information found in the Network. Neither are you allowed to send out text messages that uses this information. To reiterate, you are not allowed to use the Network in ANY manner that is not expressly allowed by this Agreement, unless you have clear, current, and specific written permission from us, written after the date of this Agreement, to the contrary.
(l) As a media member, you agree to allow the Network to email you account requests from organizations in your coverage area. You agree to carefully review each account request that is sent to you and to promptly confirm the account if you conclude it is an allowable and accurate request made in good faith by the requester. If you must deny an account request, you agree to also provide a message to the requester summarizing the reason the account request was denied. You agree to deny accounts that you feel are not allowable, not accurate, or not made in good faith. You agree to use the tools provided by the Network, and only these tools, to deny and confirm accounts. You agree to promptly confirm or deny each account request sent to you within 24 hours of the request being sent, if possible and practical, and within 48 hours under unusual circumstances. You agree to keep your account contact information accurate, particularly your email address. The Network will use this email address to send you account requests originating in your coverage area. These email messages may contain hyperlinks that give you the ability to confirm and deny account requests. You may also confirm and deny pending account requests by logging into your account and clicking on the appropriate tool.
This Agreement shall be treated as though it were executed and performed in Kearney, Nebraska, and shall be governed by and construed in accordance with the laws of the State of Nebraska. Any cause of action by you with respect to the Network (and/or any information, Closings, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement, particularly Section 15 and Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Network is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.
Questions regarding WeatherThreat.com can be sent by email to email@example.com or by postal mail to:
Hollman Media, LLC
PO Box 122
Kearney, NE 68848