Terms of Use

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YOUR ACCESS TO AND CONTINUED USE OF THIS WEBSITE, THE SERVICES OFFERED ON THIS WEBSITE, OUR MOBILE APPLICATIONS AND/OR OUR TEXT MESSAGING SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. PLEASE TAKE SOME TIME TO FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE, OUR MOBILE APPLICATIONS AND/OR OUR TEXT MESSAGING SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY DISCONTINUE ANY USE OF THIS WEBSITE, ANY SERVICES OFFERED ON IT, OUR MOBILE APPLICATIONS AND/OR OUR TEXT MESSAGING SERVICE. THESE TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME AND IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE FOR SUCH UPDATES.

INFORMATION ABOUT PELMOREX MEDIA INC.

http://www.theweathernetwork.com (“Website”) is a site operated by Pelmorex Media Inc. ("PMI"). PMI is registered in Ontario, Canada and has its registered office at 2655 Bristol Circle, Oakville, Ontario L6H 7W1 Canada.

These terms of use (together with the documents referred to herein) set out the terms on which you may use the Website and/or and services offered through the Website, PMI’s mobile applications and/or text messaging service using your mobile devices, including mobile phones, smartphones and/or tablets (together the “Services”), whether as a guest or a registered user. Use of the Website and/or Services includes accessing, browsing, and/or registering to use the Website and/or Services.

These terms of use are for the benefit of PMI, its affiliates and related companies and its third party content providers and licensors and each shall have the right to assert and enforce the terms set out herein directly or on its own behalf.

INTELLECTUAL PROPERTY RIGHTS

This Website and the Services and all content and services provided on and through this Website and the Services are protected by copyright, trade mark, and other applicable intellectual property and proprietary rights laws, and are owned, controlled, and/or licensed by PMI and/or its affiliates and/or related companies. All such rights are reserved.

Except as expressly set out in these terms of use, nothing contained on this Website and/or the Services grants, by implication, estoppel, or otherwise, any licence or right to use any content on the Website and/or the Services, trade marks, logos, or other names displayed on this Website and/or the Services, including, but not limited to, those identifying PMI and/or its affiliates and/or related companies, their respective products and/or services displayed on this Website and/or Services, without the express prior written consent of PMI or any such third party that may own such content, trade marks, logos and other names displayed on this Website and/or the Services.

Without the express written consent of PMI, no information, content or material from this Website and/or the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the content onto any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices.

You agree that you do not acquire any rights in any downloaded content or content sent to you as part of any Services.

You agree to abide by all copyright notices, information and restrictions contained in any content on this Website and/or the Services and any content sent to you or accessed through this Website and/or the Services.

You are hereby advised that PMI will enforce its intellectual property rights to the fullest extent permitted by law.

TERMS OF USE

You will:

• use this Website and the Services and any content, material, and information found on this Website and any Services solely for lawful purposes;

• not upload to, distribute to, or otherwise disseminate through this Website and/or any of the Services any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or that contains a solicitation of funds, advertising, or a solicitation for goods or services;

• be solely responsible for the content of any material and information that you make available through this Website and/or any of the Services; and

• be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through this Website and/or any of the Services.

Any conduct by you that in PMI’s opinion restricts or inhibits any other user from using or enjoying this Website and/or any of the Services will not be permitted.

PMI has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through this Website and/or any of the Services or that is displayed through the webcams accessible through this Website and/or any of the Services, and PMI is not responsible for any of this material or information.

PMI reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, PMI reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.

You are responsible for making all arrangements necessary for you to have access to the Website and/or any of the Services.

You are also responsible for ensuring that all persons who access the Website and/or any of the Services through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

PMI has the right to disable any user identification code or password, whether chosen by you or allocated by PMI, at any time, if in PMI’s reasonable opinion you have failed to comply with any of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify PMI using the on-line form at the end of this page.

RSS FEEDS

You may display the headlines, active links and other information contained in the RSS feeds (the "RSS feed content") on your personal web site for non-commercial purposes, provided that: (i) you do not modify or delete any of the RSS feed content; (ii) you do not redistribute the RSS feed content; (iii) the links redirect the user to this Website when the user clicks on them or other predetermined locations; and (iv) the use or display does not suggest that PMI or its affiliates or related companies promotes or endorses you or your and/or any third party causes, ideas, websites, products and/or services.

If you display the RSS feed content publicly on your website, you must provide attribution to PMI adjacent to the RSS feed content, by including "The Weather Network/MétéoMédia" in text or by displaying the TWN/MM logo contained in the RSS feed, without modification.

PMI reserves the right to discontinue providing RSS feeds and to require that you cease accessing or using the RSS feeds, RSS feed content, and the TWN/MM logo or associated logos at any time for any reason.

Please review the remainder of these terms of use for more information before you use the RSS feeds. By using the RSS feeds, you agree to be bound by these terms of use.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

The information contained on this Website and offered through the Services is for informational purposes only and it is not intended to meet any particular user’s needs.

This Website, the Services, and all content, material, information and postings found on or accessed through this Website and the Services, are provided on an "AS IS" basis. To the fullest extent permitted by law, PMI, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of accuracy, title and non-infringement, and all implied warranties and conditions of merchantability, fitness for any particular purpose, or suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade with respect to this Website, the Services or the content contained in or accessed through this Website and/or the Services.

Neither PMI nor its affiliates or related companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the availability, accuracy, quality, timeliness, reliability, truthfulness or completeness of this Website, the Services or the content contained in or accessed through this Website and/or the Services, including, but not limited to, any content, information, material, webcam images or posting found on this Website (including, but not limited to, any press releases or financial information), any of the Services, or any links to other sites made available on this Website and/or through the Services or the content contained on such site(s), or as to the uninterrupted, continuous or error free use and operation of the internet, this Website or any of the Services or that any of them is free from defects, omissions, viruses or other harmful components.

You expressly agree that use of this Website and/or the Services is at your sole risk.

To the extent permitted by law, PMI, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents shall not be liable for any direct, indirect, incidental, special or consequential damages or any loss that results from the use of, or the inability to use, the Website, any of the Services, any content, information, material, webcam images or postings on this Website, or any of the Services, directly or indirectly, or the transmission of confidential or sensitive information over the internet. The limitations set out in this section apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages.

You specifically acknowledge and agree that neither PMI nor its affiliates or related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you, including without limitation, images displayed on any webcam.

PMI does not guarantee that the Website, the Services or any content on them, will always be available or be uninterrupted. Access to the Website and the Services is permitted on a temporary basis. PMI may suspend, withdraw, discontinue or change all or any part of the Website and/or the Services without notice. PMI will not be liable to you if for any reason the Website is unavailable at any time or for any period.

SUBMISSIONS

Any content you upload to the Website and/or as part of the Services will be considered non-confidential and non-proprietary.

You hereby grant to PMI and its affiliates a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sub-licence any and all material and information submitted by you to this Website, as part of the Services or by e-mail to PMI and/or its affiliates and/or to incorporate it in other works regardless of form, medium or technology. In addition, you hereby waive any moral rights you have in any and all material and information submitted by you to this Website, as part of the Services or by e-mail.

You agree that any material and information submitted for inclusion on this Website and/or as part of the Services does not infringe the intellectual property or other rights of any third parties and you grant PMI a right to provide access to the material and information submitted for inclusion on this Website and/or as part of the Services.

You warrant that any software submitted to PMI by you shall be free of computer viruses.

All submissions by you to the Website and/or as part of the Services may be removed by PMI without notice.

CONTRIBUTION GUIDELINES

Whenever you make use of a feature that allows you to upload content to the Website and/or through the Services, or to make contact with other users of the Website and/or the Services, you must comply with the contribution guidelines set out below.

You warrant that any such contribution complies with such guidelines, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

PMI has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website and/or through any of the Services constitutes a violation of their intellectual property rights, or of their right to privacy.

PMI will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website and/or the Services.

The views expressed by other users on the Website and/or through the Services do not represent PMI’s views or values.

1. Appropriate Contributions

Contributions can entertain, inform, question and motivate. Please ensure that all contributions posted by you or on your behalf:

are focused on the subject;

are polite at all times;

do not contain negative comments about a specific person or entity;

are accurate (where they state facts);

are genuinely held (where they state opinions); and

comply with applicable laws in any country from which they are posted.

You may provide links to other areas of TheWeatherNetwork.com. As for external web addresses, we allow one per post, as text only, not as a hyperlink.

Please do not post:

lengthy quotes or excerpts - we want to hear your own opinion;

press releases and/or advertising;

personal contact information, including e-mail addresses, phone numbers or street addresses;

racist, sexist or otherwise offensive language or material;

personal attacks or defamatory statements;

material which infringes any copyright, database right or trade mark of any other person (including copying from other sources and websites without permission and attribution); violations of someone´s privacy;

threats or the suggestion of committing a criminal act;

insensitive comments regarding the death or injury of people or animals;

messages in all CAPS (this makes it difficult to read and is commonly seen as yelling in a digital format);

any material which:

• is obscene, offensive, hateful or inflammatory;

• promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any illegal activity;

• is likely to deceive any person;

• is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

• is threatening, abuse or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;

• is likely to harass, upset, embarrass, alarm or annoy any other person;

• is used to impersonate any person, or to misrepresent your identity or affiliation with any person;

• gives the impression that they emanate from PMI, if this is not the case;

• advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Violating the above guidelines will result in the removal of your contribution, and possibly the banning of your account.

2. How do I submit contributions?

You must log in to post submit a contribution. You can log in with your existing account, or with your Facebook account.

3. Can I include personal information in contributions?

Your display name, which links to your profile, will appear with your contribution, and we may use your real name and city from your profile if we use your contribution in our news coverage. However, contact information should not be part of your postings. Please do not share e-mail addresses, phone numbers or mailing addresses.

4. How are contributions moderated?

Contributions are activated automatically and are reviewed after being posted.

Inappropriate words included in contributions will be automatically replaced before the contribution is posted.

Any contribution may be removed if PMI’s guidelines are not followed. Please note that PMI may decide to remove a contribution that is deemed inappropriate, for any reason, at any time.

5. What if I see a contribution I do not like?

If you disagree with a posting, that is your opportunity to respond with your own comment. If you feel a contribution has violated any of our guidelines, click on the "Report abuse" link found at the bottom of the contribution, and we will investigate.

PRIVACY

PMI’s Privacy and Cookies Policy sets out the terms on which PMI processes any personal data it collects from you, or that you provide to PMI, and information about the cookies on the Website and the Services. By using the Website and/or the Services, you consent to such processing and you warrant that all data provided by you is accurate.

LINKED SITES

Websites accessed via hypertext link or other means from this Website and/or any of the Services have, unless otherwise indicated, been independently developed by third parties and we do not warrant the accuracy or completeness of the information contained in such sites. The inclusion of any information, material, content or links on this Website and/or any of the Services should not be construed as an express or an implied endorsement of any third party products or services.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless PMI, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these terms of use; or (ii) your use of this Website and/or any of the Services, the content contained on this Website and/or any of the Services and the placement or transmission of any information or other materials on this Website and/or any of the Services made by you or others using your account. This means you will be responsible for any loss or damage we suffer as a result of your breach of these terms of use and/or your use of this Website and/or any of the Services, the content contained on this Website and/or any of the Services and the placement or transmission of any information or other materials on this Website and/or any of the Services made by you or others using your account.

You agree to notify PMI immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to stop and prevent any reoccurrence of such event. PMI reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

RECOURSE

If you are dissatisfied with this Website, any of the Services or these provisions, your sole and exclusive remedy is to discontinue using this Website and/or such Services. In such an event, you agree to destroy all materials obtained by you on this Website and/or through any of the Services and all copies thereof. These provisions shall survive any such termination.

THIRD PARTY CONTENT

PMI is a distributor (and not a publisher) of content supplied by third parties and users of this Website and/or the Services including, but not limited to, the images displayed on third party webcams. Accordingly, PMI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, images 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 of PMI. In many instances, the content available through this Website and/or the Services represents the opinions and judgments of the respective information provider or user. PMI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Website and/or through any of the Services by anyone other than authorized PMI employee spokespersons while acting in their official capacities.

VIRUSES

PMI does not guarantee that the Website or the Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and/or the Services. You should use your own virus protection software.

You must not misuse the Website and/or any of the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website and/or any of the Services, the server on which the Website and/or any of the Services is stored or any server, computer or database connected to the Website and/or any of the Services. You must not attack the Website and/or any of the Services via a denial-of-service attack or a distributed denial-of service attack. PMI will report any breach of this provision to the relevant law enforcement authorities and PMI will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and the Services will cease immediately.

PMI assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing this Website and/or any of the Services or your downloading of any materials, data, text, images, video, or audio from this Website and/or through any of the Services.

Miscellaneous Terms

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

These terms of use and any rules, policies or guidelines posted on this Website and/or any of the Services by PMI constitute the entire agreement between PMI and you with respect to the subject matter hereof.

No waiver by either PMI or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If any provision contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

CONTACT US

We hope these terms of use are informative and clear. Please complete the on-line form below regarding any questions you may have or further information you may be interested in.

Contact Us