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Terms of Use
By accessing or using the Weather Penguin website, the Weather Penguin
service, or any applications (including mobile applications) made available
by Weather Penguin (together, the "Service"), however accessed, you agree
to be bound by these terms of use ("Terms of Use"). These Terms of Use
affect your legal rights and obligations. If you do not agree to be bound
by all of these Terms of Use, do not access or use the Service.
There may be times when we offer a special feature that has its own terms
and conditions that apply in addition to these Terms of Use. In those cases,
the terms specific to the special feature control to the extent there is a
conflict with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN
THE ARBITRATION SECTION BELOW, YOU AGREE THAT
DISPUTES BETWEEN YOU AND WEATHER PENGUIN WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU
WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms
1.You must be at least 13 years old to use the Service.
2.You are responsible for any activity that occurs through your account and
you agree you will not sell, transfer, license or assign your account,
followers, username, or any account rights. With the exception of
people or businesses that are expressly authorized to create accounts
on behalf of their employers or clients, Weather Penguin prohibits
the creation of and you agree that you will not create an account for
anyone other than yourself. You also represent that all information
you provide or provided to Weather Penguin upon registration and at
all other times will be true, accurate, current and complete and you
agree to update your information as necessary to maintain its truth and
accuracy.
3.You agree that you will not solicit, collect or use the login credentials of
other Weather Penguin users.
4.You may not use the Service for any illegal or unauthorized purpose. You
agree to comply with all laws, rules and regulations (for example,
federal, state, local and provincial) applicable to your use of the
Service, including but not limited to, copyright laws.
5.You must not change, modify, adapt or alter the Service or change, modify
or alter another website so as to falsely imply that it is associated with
the Service or Weather Penguin.
6.You must not access Weather Penguin's private API by means other than
those permitted by Weather Penguin.
7.You must not create or submit unwanted email, comments, likes or other
forms of commercial or harassing communications (a/k/a "spam") to
any Weather Penguin users.
8.You must not interfere or disrupt the Service or servers or networks
connected to the Service, including by transmitting any worms,
viruses, spyware, malware or any other code of a destructive or
disruptive nature. You may not inject content or code or otherwise
alter or interfere with the way any Weather Penguin page is rendered
or displayed in a user's browser or device.
9.You must not create accounts with the Service through unauthorized
means, including but not limited to, by using an automated device,
script, bot, spider, crawler or scraper.
10. You must not attempt to restrict another user from using or enjoying
the Service and you must not encourage or facilitate violations of
these Terms of Use or any other Weather Penguin terms.
11. Violation of these Terms of Use may, in Weather Penguin's sole
discretion, result in termination of your Weather Penguin account.
You understand and agree that you use the Service at your own risk.
If you violate the letter or spirit of these Terms of Use, or otherwise
create risk or possible legal exposure for Weather Penguin, we can
stop providing all or part of the Service to you.
General Conditions
1.We reserve the right to modify or terminate the Service or your access to
2.Upon termination, all licenses and other rights granted to you in these
3.We reserve the right, in our sole discretion, to change these Terms of Use (
the Service for any reason, without notice, at any time, and without
liability to you.
Terms of Use will immediately cease.
"Updated Terms" ) from time to time. Unless we make a change for
legal or administrative reasons, we will provide reasonable advance
notice before the Updated Terms become effective. You agree that
we may notify you of the Updated Terms by posting them on the
Service, and that your use of the Service after the effective date of
the Updated Terms (or engaging in such other conduct as we may
reasonably specify) constitutes your agreement to the Updated Terms.
Therefore, you should review these Terms of Use and any Updated
Terms before using the Service. The Updated Terms will be effective
as of the time of posting, or such later date as may be specified in the
Updated Terms, and will apply to your use of the Service from that
point forward. These Terms of Use will govern any disputes arising
before the effective date of the Updated Terms.
4.We reserve the right to refuse access to the Service to anyone for any
There may be links from the Service, or from communications you receive 5.
be links to third-party web sites or features in images or comments
reason at any time.
from the Service, to third-party web sites or features. There may also
within the Service. The Service also includes third-party content that
we do not control, maintain or endorse. Functionality on the Service
may also permit interactions between the Service and a third-party
web site or feature, including applications that connect the Service or
your profile on the Service with a third-party web site or feature. For
example, the Service may include a feature that enables you to share
Content from the Service or your Content with a third party, which
may be publicly posted on that third party's service or application.
Using this functionality typically requires you to login to your
account on the third-party service and you do so at your own risk.
Weather Penguin does not control any of these third-party web
services or any of their content. You expressly acknowledge and
agree that Weather Penguin is in no way responsible or liable for any
such third-party services or features. YOUR CORRESPONDENCE
AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND
THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND
THE THIRD PARTY. You may choose, at your sole and absolute
discretion and risk, to use applications that connect the Service or
your profile on the Service with a third-party service (each,
an "Application") and such Application may interact with, connect to
or gather and/or pull information from and to your Service profile. By
using such Applications, you acknowledge and agree to the following:
(i) if you use an Application to share information, you are consenting
to information about your profile on the Service being shared; (ii)
your use of an Application may cause personally identifying
information to be publicly disclosed and/or associated with you, even
if Weather Penguin has not itself provided such information; and (iii)
your use of an Application is at your own option and risk, and you
will hold the Weather Penguin Parties (defined below) harmless for
activity related to the Application.
6.You agree that you are responsible for all data charges you incur through
use of the Service.
7.We prohibit crawling, scraping, caching or otherwise accessing any
content on the Service via automated means, including but not limited
to, user profiles and photos (except as may be the result of standard
search engine protocols or technologies used by a search engine with
Weather Penguin's express consent).
Rights
1. Weather Penguin does not share your information we collect with anyone.
2. Weather Penguin may display advertisements and promotions, and you
hereby agree that Weather Penguin may place such advertising and
promotions on the Service. The manner, mode and extent of such
advertising and promotions are subject to change without specific
notice to you.
3. You acknowledge that we may not always identify paid services,
sponsored content, or commercial communications as such.
4. The Service contains content owned or licensed by Weather Penguin
("Weather Penguin Content"). Weather Penguin Content is protected
by copyright, trademark, patent, trade secret and other laws, and,
as between you and Weather Penguin, Weather Penguin owns and
retains all rights in the Weather Penguin Content and the Service.
You will not remove, alter or conceal any copyright, trademark,
service mark or other proprietary rights notices incorporated in
or accompanying the Weather Penguin Content and you will not
reproduce, modify, adapt, prepare derivative works based on, perform,
display, publish, distribute, transmit, broadcast, sell, license or
otherwise exploit the Weather Penguin Content.
5.The Weather Penguin name and logo are trademarks of Weather Penguin,
and may not be copied, imitated or used, in whole or in part, without
the prior written permission of Weather Penguin. In addition, all page
headers, custom graphics, button icons and scripts are service marks,
trademarks and/or trade dress of Weather Penguin, and may not be
copied, imitated or used, in whole or in part, without prior written
permission from Weather Penguin.
6. Although it is Weather Penguin's intention for the Service to be available
as much as possible, there will be occasions when the Service
may be interrupted, including, without limitation, for scheduled
maintenance or upgrades, for emergency repairs, or due to failure of
telecommunications links and/or equipment. Weather Penguin will not
be liable to you for any modification, suspension, or discontinuation
of the Services. You also acknowledge that the Internet may be
subject to breaches of security.
7. It is Weather Penguin's policy not to accept or consider content,
information, ideas, suggestions or other materials other than
those we have specifically requested and to which certain specific
terms, conditions and requirements may apply. This is to avoid
any misunderstandings if your ideas are similar to those we have
developed or are developing independently. Accordingly, Weather
Penguin does not accept unsolicited materials or ideas, and takes no
responsibility for any materials or ideas so transmitted. If, despite our
policy, you choose to send us content, information, ideas, suggestions,
or other materials, you further agree that Weather Penguin is free
to use any such content, information, ideas, suggestions or other
materials, for any purposes whatsoever, including, without limitation,
developing and marketing products and services, without any liability
or payment of any kind to you.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, WEATHER
PENGUIN CONTENT, IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, NEITHER WEATHER PENGUIN
NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS
OR AGENTS (COLLECTIVELY, THE "WEATHER PENGUIN
PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES
OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE WEATHER
PENGUIN CONTENT; OR (C) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TO WEATHER PENGUIN
OR VIA THE SERVICE. IN ADDITION, THE WEATHER PENGUIN
PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM
COMPUTER VIRUS.
THE WEATHER PENGUIN PARTIES DO NOT REPRESENT OR
WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR
UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR
THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE
AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS,
INCLUDING, WITHOUT LIMITATION, VIRUSES. THE WEATHER
PENGUIN PARTIES DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY
INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR
USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE WEATHER PENGUIN PARTIES DO
NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN
ANY PARTICULAR JURISDICTION, AND THE WEATHER PENGUIN
PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME
JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER
MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S
LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND
WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY
JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE WEATHER PENGUIN PARTIES DO NOT ENDORSE CONTENT
AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR
LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS,
DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR
OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF
ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM
ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE WEATHER PENGUIN
PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF
ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY
DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR
DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
(A) THE SERVICE; (B) THE WEATHER PENGUIN CONTENT; (C)
YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF
THE SERVICE; (D) ANY ACTION TAKEN IN CONNECTION WITH
AN INVESTIGATION BY THE WEATHER PENGUIN PARTIES OR
LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY
OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN
IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE
SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S
COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR
TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE
FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS,
TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR
OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF
DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE
OR EVEN IF THE WEATHER PENGUIN PARTIES HAVE BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING,
WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN
PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO
EVENT WILL THE WEAHTER PENGUIN PARTIES BE LIABLE TO
YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY,
INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL
INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT WILL THE WEAHTER PENGUIN PARTIES
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR
CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES
DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES,
LOSSES OR INJURIES THAT ARISE OUT OF WEATHER PENGUIN'S
ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO
YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE
YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION
OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER
CONTENT OWNED OR CONTROLLED BY THE WEATHER PENGUIN
PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR
RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION,
ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB
SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT
OWNED OR CONTROLLED BY THE WEATHER PENGUIN PARTIES.
WEAHTER PENGUIN IS NOT RESPONSIBLE FOR THE ACTIONS,
CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND
YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You (and also any third party for whom you operate an account or activity
on the Service) agree to defend (at Weather Penguin's request), indemnify
and hold the Weather Penguin Parties harmless from and against any claims,
liabilities, damages, losses, and expenses, including without limitation,
reasonable attorney's fees and costs, arising out of or in any way connected
with any of the following (including as a result of your direct activities on
the Service or those conducted on your behalf): (i) your access to or use
of the Service; (ii) your breach or alleged breach of these Terms of Use;
(iii) your violation of any third-party right, including without limitation,
any intellectual property right, publicity, confidentiality, property or
privacy right; (iv) your violation of any laws, rules, regulations, codes,
statutes, ordinances or orders of any governmental and quasi-governmental
authorities, including, without limitation, all regulatory, administrative and
legislative authorities; or (v) any misrepresentation made by you. You will
cooperate as fully required by Weather Penguin in the defense of any claim.
Weather Penguin reserves the right to assume the exclusive defense and
control of any matter subject to indemnification by you, and you will not
in any event settle any claim without the prior written consent of Weather
Penguin.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your
relationship with Weather Penguin must be filed within one year after such
claim arose; otherwise, your claim is permanently barred.
These Terms and the relationship between you and Weather Penguin shall be
governed by the laws of the state of New York without regard to its conflict
of law provisions. You and Weather Penguin agree to submit to the personal
and exclusive arbitration of any disputes relating to your use of the Weather
Penguin Service under the rules of the American Arbitration Association.
Any such arbitration, to the extent necessary, shall be conducted in New
York, New York. You covenant not to sue Weather Penguin in any other
forum.
You also acknowledge and understand that, with respect to any dispute with
the Released Parties arising out of or relating to your use of the Service or
this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY
JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A
REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN
ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE
AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT
INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY
CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT
IS FOREVER BARRED.
Entire Agreement
If you are using the Service on behalf of a legal entity, you represent that
you are authorized to enter into an agreement on behalf of that legal entity.
These Terms of Use constitute the entire agreement between you and
Weather Penguin and governs your use of the Service, superseding any
prior agreements between you and Weather Penguin. You will not assign
the Terms of Use or assign any rights or delegate any obligations hereunder,
in whole or in part, whether voluntarily or by operation of law, without the
prior written consent of Weather Penguin. Any purported assignment or
delegation by you without the appropriate prior written consent of Weather
Penguin will be null and void. Weather Penguin may assign these Terms of
Use or any rights hereunder without your consent. If any provision of these
Terms of Use is found by a court of competent jurisdiction to be invalid or
otherwise unenforceable, the parties nevertheless agree that such portion will
be deemed severable from these Terms of Use and will not affect the validity
and enforceability of the remaining provisions, and the remaining provisions
of the Terms of Use remain in full force and effect. Neither the course of
conduct between the parties nor trade practice will act to modify the Terms
of Use. These Terms of Use do not confer any third-party beneficiary rights.
Territorial Restrictions
The information provided within the Service is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject Weather Penguin to any registration requirement within such
jurisdiction or country. We reserve the right to limit the availability of the
Service or any portion of the Service, to any person, geographic area, or
jurisdiction, at any time and in our sole discretion, and to limit the quantities
of any content, program, product, service or other feature that Weather
Penguin provides.
Software related to or made available by the Service may be subject to
United States export controls. Thus, no software from the Service may be
downloaded, exported or re-exported: (a) into (or to a national or resident
of) any country to which the United States has embargoed goods; or (b)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading any software related to the Service, you represent and warrant
that you are not located in, under the control of, or a national or resident of,
any such country or on any such list.
The effective date of these Terms of Use is September 21, 2013. These
Terms of Use were written in English (US). To the extent any translated
version of these Terms of Use conflicts with the English version, the English
version controls.