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HAMweather, LLC
HWaudio Usage Agreement
THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO CHECK BACK
OFTEN.
THIS LICENSE AGREEMENT is made and entered into by and between
HAMweather, LLC ("we", "us", "HAMweather" or "HW") and you.
1. Weather Information, Confidentiality
Information furnished by HAMweather to User is intended for User's
sole and exclusive use and shall be considered proprietary
information, ownership of which shall remain with HAMweather. User
shall be fully responsible for maintaining confidentiality of account
access information and for all charges made to User's account.
2. Licenses.
(A) We grant you the non-exclusive, non-transferable right to exhibit
and display on your World Wide Web site ("Site") the
"Weather Information" and "audio" ("Content") created from the HWaudio service.
(B) You understand that the Content will include weather and weather
related information and that we may change, eliminate or discontinue
any of the Content at any time in our sole discretion.
(C) The rights granted to you are also limited as follows:
* You may not use the Content except as we have agreed in this
Agreement;
* You may not edit, alter, modify or prepare any derivative works
of the Content except to display the Content on your single domain
World Wide Web site.
* You may not imply, directly or indirectly, including by using the
Content together with content provided by you or others, that we
provide, endorse, sponsor, certify or approve of other content
included within the Site or any products or services advertised in or
near the Content;
* You may not resell, sublicense, retransmit or otherwise
distribute any of the Content in its raw or unaltered form or format;
* You may not resell, sublicense, retransmit or otherwise
distribute any images created from the Content except to exhibit and
display on your Site.
* You will not exhibit or display the Content together with any
content (including advertising) that is adult-themed, tobacco-related,
alcohol-related, gambling-related (other than promotional contests) or
related to "get-rich-quick" or similar schemes;
* You will not use the Content as all or part of any streaming
video or audio content or for video delivery by any means other than
static display on the Site;
* We will have the right to review and approve the manner in which
the Content is displayed on the Site. Our review and approval will
not be unreasonably withheld or delayed.
* You agree not to use the Content or services to violate law.
* You agree that the data may not be used in competitive services
without our written permission. You may not create competitive
services or functionality with the Content we provide without our
written permission.
3. Copyright, Storage and Ownership of Service
(A) You understand and agree that, as between us and you, we are the
sole owner of all right, title and interest in and to the Content,
including all copyrights therein, and our Marks. All uses of the
Marks shall inure to our benefit. Once this Agreement has been
terminated, you will delete all Content and Marks from the Site.
(B) You hereby transfer, convey and assign to us, and agree to cause
your officers, directors, employees and agents to transfer, convey and
assign to us, all right, title and interest in or to any and all
intellectual property in which you acquire an interest which, under
this Agreement, is owned by us. You also agree to execute and to
cause your officers, directors, employees and agents to execute any
documents that we may request for the purpose of evidencing,
enforcing, registering or defending our ownership of that intellectual
property.
4. Events Beyond HAMweather's Control
HAMweather, shall not be held responsible for any failure or
malfunction in power or communications nor the failure or refusal of
third party transmission intermediaries to perform, continue or renew
their contractual arrangements with HAMweather, nor inability to
perform occasioned by such or by labor strife, war, riot or other
events beyond the control of HAMweather. If the Service or delivery
thereof is disrupted by any such event(s), HAMweather's obligations
hereunder shall be suspended during the period of occurrence for such
disrupting event(s).
5. Performance / Indemnification
User hereby agrees that it will well and truly indemnify and save
harmless HAMweather, from all manners of suit, actions, damages,
charges and expenses, including attorney and counsel fees, which
HAMweather, may sustain by reason of User's use of this Content.
User's breach of any of the terms, covenants or conditions of the
Agreement, or other claims against HAMweather, arising from this
Agreement. HAMweather's failure to perform this Agreement, resulting
from any event(s) not specified above, shall cause it to be liable to
User in a maximum aggregate amount not to exceed the cost of service
paid for by User at the time of failure, if any, and still unused by
User. This shall be the exclusive remedy hereunder. User agrees to use
the Content consistent with the terms and conditions contained herein
and shall not disclose the account information or password to any
unauthorized person.
6. No Warranties
HAMweather makes no express or implied warranties or affirmations that
weather will occur or has occurred as the reports, forecasts,
graphics, data or information comprising the Service state, represent
or depict and it shall have no responsibility or liability whatsoever
to User or any other person or entity, parties and nonparties alike,
for any inconsistency, inaccuracy or omission for weather or events
predicted or depicted, reported, occurring or occurred. HAMweather
MAKES NO WARRANTIES HEREUNDER, AND THIS DISCLAIMER OF WARRANTIES
INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE
SPECIFCALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE
ACCURACY OR RELIABILITY OF ANY WEATHER FORECAST OR REPORT.
7. Disclaimer and Limit of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVICE,
ERRORS ON THE SERVICE, AND THE INTERNET GENERALLY. THIS CONTENT IS
PROVIDED BY HAMWEATHER, ON AN "AS IS" BASIS. YOU AGREE TO ACCEPT SUCH
TERMS, CONDITIONS AND POLICIES AS SET FORTH HEREIN, AS MAY BE AMENDED
FROM TIME TO TIME AT HAMWEATHER'S SOLE DISCRETION. HAMWEATHER, AND ITS
SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HAMWEATHER, AND ITS
SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS,
VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. HAMWEATHER, AND ITS
SUBSIDIARIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR
DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS
INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THE CONTENT, ANY DELAYS ON THE CONTENT, ANY PURCHASE OR SERVICE
RELATED TO THE CONTENT, OR THE INABILITY TO USE THE SERVICE, ANY
PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
HAMWEATHER, OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
8. Governing Law.
The validity and effect of this Agreement will be governed by and
construed and enforced in accordance with the laws of the State of
Georgia without regard to its rules of conflicts of law. All claims
relating to this Agreement will be resolved in the state courts
located in Fulton County, Georgia and federal courts located in
Atlanta, Georgia, and you agree to that venue and the exclusive
jurisdiction of those courts.
9. NonAssignability
Neither this Agreement nor any rights or obligation hereunder may be
assigned by User without our prior written consent.
10. Age / Minor's Policy
HAMweather, does not intend to collect any personally identifiable
information from children through our websites. Please do not allow
children under the age of 18 to provide any personally identifiable
information ask questions or participate in chat rooms related to the
Content or our websites. If we determine that a child under 18 has
provided personal information in violation of this policy, we will
delete that information as soon as reasonably possible. If you become
aware that a child under 18 has provided such information, please send
us an email at support@hamweather.com so we can delete this
information. You represent that you are of full legal age and
authority and that you intend to be legally bound by these terms and
conditions.
11. Privacy Policy
HAMweather, collects information on this site during the purchasing or
registration process for business purposes that will allow us to
better and more efficiently serve you. Some uses HAMweather makes of
this information are processing and verifying purchases, billing, and
providing you with up-to-date information on the newest HAMweather
products, if so desired. HAMweather, collects this information for
internal use only. HAMweather, does not sell or redistribute this
information to outside organizations. HAMweather, may at times release
aggregate user information to advertisers as may be requested or
required. However, any information provided is aggregate information
only and specific individual information of the nature provided during
the registration process is never given to outside organizations.
HAMweather, may disclose user information to law enforcement
authorities or as may be required by subpoena. Excepting personal
information collected during the purchasing or registration process,
information and data you provide may be used by HAMweather or Third
Parties to, among other things, retrieve or create the product or
service that you have requested. Please be advised that this
information may be stored by HAMweather or Third Parties as
"preferences" or otherwise and used without restriction. Further, all
information submitted is and becomes the exclusive property of
HAMweather and by submitting material to HAMweather, you accept
responsibility for its accuracy, appropriateness and legality.
12. Export Controls
The Content may only be used in compliance with applicable statutes or
regulations relating to the country of destination, or to the users or
the use of the website. By using this website, you are representing
and warranting that you are not located in, under the control of, or a
national resident of any such embargoed country or on any such denial
list. In addition, you are responsible for complying with any local
laws in your jurisdiction which may impact your right to import,
export or use the content, and you represent that you have complied
with any regulations or registration procedures required by applicable
law.
13. Miscellaneous.
This Agreement contains the entire agreement between the parties
relating to the subject matter hereof. This Agreement cannot be
modified or terminated orally, and no modifications to this Agreement
will be binding unless in writing and duly executed by both parties.
If any provision of this Agreement is held invalid, unenforceable or
illegal for any reason, that provision will be deemed to apply only to
the maximum extent permitted by law, and the remainder of this
Agreement will remain valid and enforceable in accordance with its
terms.
14. Terms of Service
This Agreement shall remain in effect beginning on signup and it shall
remain and continue in effect until all content is removed from your
web site. The prices and terms are subject to change upon notice by
HAMweather to User. Posting of notice on the System shall constitute
notice.
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