- How We Collect and Use Personal Data and Other Information
- Data Collection Technologies and Consumer Choice
- How We Share or Disclose Your Information
- Other Limitations on Privacy
- Opting-Out, Access, Corrections and Cancellations
- Minors’ Privacy and Submissions
- International Transfer
- Our Commitment to Security
How We Collect and Use Personal Data and Other Information
In order to operate the Services, maximize your experience, and provide you with enhanced Services, we may collect and use information, some of which may be considered personal data. We collect information from and about you in the following ways:
User Account and Weather Station Registration. When you choose to register a user account, you will be required to provide certain information about yourself. You may register a user account using your e-mail address or your Facebook or Google+ account. You may choose to add additional information to your account, including your first and last name, birthdate, gender, phone number, home address, work address, and television provider. You may also register a weather station or webcam using your name and location of the station. If we can use information, alone or in combination, to reasonably identify you as an individual, we treat the information as personal data.
Information Provided By You. You may also choose to provide us with information, some of which may be personal data, when you interact with the Services in the following ways:
- Complete a survey—for example, you may choose to provide us an e-mail address so that we can contact you about your survey response;
- Register for a contest, sweepstakes or other promotion —for example, you may provide your telephone and home address and we may be legally obligated to disclose this information if you win;
- Send us an e-mail message or complete an inquiry form to receive additional information–for example, you might e-mail us with a question and we will use your e-mail address to respond to your inquiry;
- Submit a comment, leave feedback, or send us a photo or video—for example, you might submit a cool photo of a weather event you experienced that we may post on the Services so others can enjoy it;
- Report weather or other conditions—for example, you might tell us that the weather in your area is cold or rainy and we may associate that information with your account;
- Send messages using WU mail—for example, if you send a message using WU mail, we will use the information you provide to send the message; and
- Customize the Services—for example, you might set a “home” location so that every time you visit the Services, you are automatically displayed the weather for that home location.
Automatic Collection. We also collect certain information through automated means. Some of the information we collect through automated means may, whether alone or combined with other data, be personal data. For example, we automatically collect:
- Information about your device and device capabilities
- Information about your device operating system
- Information about your browser
- Information about how you use the Services
- Your activities on the Services
- IP address
- Advertising identifiers
- Mobile or Internet Carrier
- Browser type
- Browser identifier
- Referring URL
This information helps us to understand, analyze and measure how users use the Services; manage Services’ operations; deliver and measure the effectiveness of advertisements; help diagnose problems; recognize repeat visitors; and facilitate your access to and use of the Services.
Location Information. We also collect location information through the Services so that we can offer you certain location-based services (such as severe weather alerts through our mobile applications), provide advertisements that are relevant to your geographic location, and conduct analytics to improve the Services. The way in which we collect location information is different depending on whether you are accessing the Services through a website or a mobile application.
If you are accessing the Services through the Sites, we use various technologies, including HTML5, to detect your location so that we can automatically show you the weather for your area, rather than some random location. Depending on browser type, your browser may inform you that the Sites would like to collect your location and request your permission to do so. If you allow it, location information is then collected and may be stored locally on your device. If you decline the collection of location information, your location is not collected and you must manually enter your location.
If you are accessing the Services through one of our mobile applications, the way we collect location information will differ depending on your mobile device’s operating system. If you decline to allow location information collection, your location is not collected and you must type in a location or zip code to see the weather for that location or zip code.
In the event you allow location information collection through your mobile device, we may collect precise geographic location information. Whether we can collect precise location information is controlled by your device’s operating system. Our collection methods include GPS, cellular network location and other location-based services. Depending on your mobile device’s operating system, we typically receive the latitude and longitude of your mobile device, as well as date and time, but the precision of latitude and longitude varies greatly and is determined by various factors controlled by your device or mobile service provider. You can turn off location collection through your device settings or by deleting the mobile application from your device.
If you opt to allow the Wunderground or Storm mobile applications to collect location information while the mobile applications are running in the background, you will enable continuous location collection. This allows us to send you severe weather alerts for the area in which you might be traveling and deliver you advertisements tailored to your current location. We also use this location information to conduct analytics and improve the Services. You can turn off continuous location collection at any time through your device settings or by deleting the Wunderground or Storm mobile applications.
Turning off location-based services in either The Wunderground mobile application or Storm mobile application also will disable certain other aspects of the Services, such as location-based severe alerts. However, you may still receive alerts for any location that you entered into one of our mobile applications.
Alerts and Notifications. Certain Services offer you the ability to receive weather-related updates via e-mail, text message, or push notification. To provide these Services, we may need to collect your e-mail address, phone number, device information, and mobile carrier information, in addition to the postal code or geographic area to which the alert, update or notification pertains. If you no longer wish to receive these notifications, you may opt out by turning them off within the alert settings of your user account. You may also opt out through the settings on your mobile device or the particular Service for which you registered.
Other Types of Information We Collect. If you choose to use the feature that allows you to e-mail parts of the Services to a friend, we collect and use your and your friend’s e- mail addresses temporarily to send the e-mail due to technical requirements. This information is not used for any other purpose.
Special Note about Content Submissions. The Services may from time to time offer areas where you and other users can post or otherwise submit information, photos, videos, graphics, creative suggestions, ideas, notes, concepts, information, ratings or other materials on or to the Services (collectively, “Submissions”). Any geo-location, tags or other metadata in Submissions may become publicly available. Any information, including personal data, in your Submissions can be read, collected, or used by others. We are not responsible for the information, including personal data, included in your Submissions.
Data Collection Technologies and Consumer Choice
We and third parties acting on our behalf use various technologies that help us to manage the operations of our Services and track usage behavior so that we can tailor information and advertisements to make your visits more enjoyable and meaningful. These data collection technologies include:
Cookies: Cookies are text files containing small amounts of information that are downloaded to your computer or mobile device when you visit a website and stored within your browser. Cookies are then sent back to the originating website on each subsequent visit to that website or to another website that recognizes those cookies. Some cookies on our Services collect IP and Mac addresses, which may be considered personal data in some jurisdictions. Cookies are useful because they allow a website to recognize a user’s device. If you have registered for a user account on the Sites, these cookies may let us know who you are, may be necessary to access your account information, and may provide us and our service providers with information that we will use to personalize the Services in accordance with your preferences. You can find more information about cookies at www.allaboutcookies.org.
Web beacons and GIFs: Certain pages on the Services contain web beacons (also known as web bugs, pixel tags and clear GIFs). A pixel tag is an electronic image, often a single pixel (1x1), which is ordinarily not visible to users and may be associated with cookies on users’ hard drives. A pixel tag allows us to understand which pages you visit on the Services and are used to help us optimize and tailor the Services for you and other future visitors to the website. Web beacons allow third parties to obtain information, such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser used to view the page, and the information in cookies sent by the third party.
Local Storage: We use local storage, such as HTML5 Local Storage, to enhance user experience by, for example, storing your user preferences and settings (e.g., volume/mute) in connection with animated content on the Services. Local storage is similar to browser cookies but can store data more complex than simple text. By itself, local storage cannot do anything to or with the data stored on your device. Like cookies, local storage can only access personal data that you have provided on the Services.
Information that we collect via the data collection technologies described in this section may be linked to other information about you and may be personal data. We use the technologies described in this section, alone or in combination, to provide, manage and administer the Services, understand user behavior, target and measure the effectiveness of advertisements, help diagnose problems, recognize repeat visitors, track and analyze usage behavior and, facilitate your access to and use of the Services.
Your browser, such as Internet Explorer, Chrome, Firefox and Safari, may allow you to manage your cookies and local storage. Because each browser is a little different, we encourage you to check your browsers’ “Help” feature to learn how to block cookies, how to receive notification of new cookies, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the Services and some parts of the Services may not function properly. For more information about cookies, please visit www.allaboutcookies.org/manage-cookies/.
We adhere to the self-regulatory principles of the Digital Advertising Alliance (“DAA”). We work with a variety of advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use various technologies to collect data about your use of the Services (such as pages visited, ads viewed or clicked on) in order to send (or serve) relevant ads.
Ad Partners may place cookies, web beacons and/or other data collection technologies on the Services to (among other purposes): track how the Services are used, where users go and what they do after they leave the Services; link users’ devices; and serve more relevant ads on the Services or other websites that you visit. More information about this type of advertising is available from the Network Advertising Initiative here.
In addition, you can visit the opt-out pages of these Ad Partners that use data collection technologies on the Services:
- DoubleClick: http://www.google.com/doubleclick
- Nielsen: http://www.nielsen-netratings.com/privacy/sitecensus.htm
- Quantcast: https://www.quantcast.com/how-we-do-it/consumer-choice/privacy-policy/
- Lotame: http://www.lotame.com/opt-out-preference-manager
- Amazon: http://www.amazon.com/gp/dra/info
- Criteo: http://www.criteo.com/privacy/
- Factual: https://www.factual.com/privacy/opt-out
- Telium: http://tealium.com/privacy/
- OpenX: http://openx.com/legal/
You may also opt-out of additional third-party advertising networks by going to the Network Advertising Initiative’s website and following the directions.
The DAA offers AppChoices, a separate choice tool for users to exercise control over the collection and use of data through mobile applications for interest-based advertising and other related uses. To exercise choice for participating companies, you can install the DAA’s AppChoices application on your mobile device. Visit here for more information on DAA’s AppChoices tool.
The opt-outs described above are device- or browser-specific and may not work on all devices. If you choose to opt-out through any of our Ad Partners’ sites, you still may see advertisements but the advertisements will not be based on your interests.
You can also opt-out of future information collection from the Services by ceasing use of the Service or uninstalling the relevant mobile application.
We contract with certain third parties that use data collection technologies to track, analyze and report data about the use of the Services and to analyze and optimize the performance of the Services. Information about these third parties is available at the following links:
- Adobe: http://www.adobe.com/privacy.html
- Localytics: http://www.localytics.com/privacy-policy/
- comScore and Scorecard Research: http://www.scorecardresearch.com/About.aspx
- Google Analytics: http://www.google.com/analytics/learn/privacy.html
How We Share or Disclose Your Information
One of the most valuable assets of our business is you. Except as described below, we do not rent or sell personal data about you with other people or non-affiliated companies.
Third-Party Processors. When your personal data is collected on the Services, it may be shared with selected third parties who assist us with our business operations, with the provision of the Services, with our marketing or advertising campaigns, or in delivering you the features and functionality that you have requested (“Third-Party Processors”). These Third-Party Processors include companies that process credit card information, handle shipping for us, and deliver materials to you via e-mail or postal service, for example. We also may provide personal data to third-party mapping service providers to provide you with map content for the Services. Third-Party Processors are authorized to use the personal data that we provide to them only to carry out the service they are providing for us. We require the Third-Party Processors by contract to secure your personal data and maintain it so that it can be accessed when needed for future purposes. All such Third-Party Processors are contractually bound by us to keep the personal data confidential.
Companies Offering Promotions, Products, or Services. We may share demographic information, location data, advertising identifiers, truncated IP address and aggregate (not individual) usage statistics for the Services with advertisers and other third parties.
At times, we also will provide you with the opportunity to opt-in to receive promotions, products or services from third-party sponsors. With your permission, we will periodically send to you, via e-mail, offers and promotions from our third-party sponsors which we select based upon your interests or user account. In this case, we do not share your information with the third-party sponsors - we do the e-mailing for them. You will always have the opportunity to opt-out of receiving future offers by following the unsubscribe link included with each of our e-mails. In other instances, we provide you with the opportunity to receive products and services directly from specifically-identified third parties through the Services. In these instances, you must explicitly consent to receive each offer. When you explicitly agree to receive offers from specific third parties, your information is shared with those specific third parties to enable them to provide you with the offer you have requested. We are not responsible for the information collection practices of these third parties, and all information provided is governed by the privacy policies of these third parties. You should review the privacy policies of these third parties before supplying personal data to them.
Purchase or Sale of Businesses. We continually look for ways to improve our business, including purchasing a business or selling all or part of our business. If we buy, merge, reorganize or sell any business, personal data and non-personal information will likely be disclosed or transferred as part of the transaction. If, in connection with a purchase, sale, merger or reorganization your personal data will be processed in a materially different way, our practice is to notify users who have provided us with an e-mail address via e-mail.
Other Limitations on Privacy
Opting-Out, Access, Corrections and Cancellations
If you have registered a user account with us, you may reset your password, update your personal data, correct information, delete your account or opt-out of certain Services, by accessing your account or you may contact us directly at firstname.lastname@example.org, subject to certain exceptions prescribed by law.
You may have the right to access, update, and correct inaccuracies in certain of your personal data in our custody and control, subject to certain exceptions prescribed by law. You may request to access, update and correct inaccuracies in personal data we have in our custody or control by writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to his or her personal information records.
Minors’ Privacy and Submissions
We are committed to protecting the safety and privacy of young people using the Internet. We do not knowingly collect personal data from children under age 13. We believe that children should get their parents’ or guardians’ consent before giving out any personal data. If you become aware that we have collected personal data from a child without parental consent, please notify us promptly at email@example.com. If we become aware that a child under age 13 has provided us with personal data without parental consent, we will take steps to remove such personal data.
If you are a California resident under age 18 and are a registered user of any of the Services, then you may request that we remove any Submissions that you publicly posted on or in the Services. To request removal of a Submission, please send an email with a detailed description of the specific Submission to firstname.lastname@example.org. We reserve the right to request that you provide information that will enable us to confirm that the Submission that you want removed was created and posted by you.
We will make a good faith effort to delete or remove your Submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your Submission does not ensure complete or comprehensive removal of your Submission. Your Submission may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your Submission may remain publicly available if you or someone else has forwarded or re-posted your Submission on another website or service prior to its deletion. We may be required by law to not remove or allow removal of your Submission.
The Services are intended for users located in the United States. The Services are hosted on servers inside and outside the United States. If you are located in the European Union or elsewhere outside of the United States, information that we collect (including through cookies) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws may not offer the same level of protection as those in the country where you reside or are a citizen. By using our Services and providing information to use, you consent to the transfer to and processing of information in the United States.
Our Commitment to Security
We have put in place physical, electronic and managerial procedures intended to protect your data. Of course, we cannot guarantee that your communications with the Services will never be unlawfully intercepted or that your personal data will never be unlawfully accessed by third parties. Any transmission of information is at your own risk.
Weather Underground, Inc.
550 Kearny St., Ste 600
San Francisco, CA 94108
Terms and Conditions of Use
REVISED AS OF SEPTEMBER 15, 2015
The Wunderground.com site is (the "Site") is owned and operated by The Weather Channel, LLC ("WUI"). 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, WUI 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 WUI and that WUI 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.
- 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).
- 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. Specifically, some of Data on this Site, including all data derived from the .Personal Weather Station. Network, is unique and proprietary to WUI, is not part of the National Weather Service data network and is not available for commercial use without the advance written consent from WUI. ANY USE OF THIS DATA SHALL ACKNOWLEDGE Wunderground.com AND/OR THE WEATHER EXCHANGE AS THE SOURCE. WUI will take appropriate legal action to protect and safeguard any unauthorized use of this Data.
- COPYRIGHT. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide WUI's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WUI to locate the material;
- Information reasonably sufficient to permit WUI to contact you;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
P.O. Box 724554
Atlanta, GA 31139
This contact information is only for reporting copyright infringement under United States law. Contact information for other jurisdictions or other matters is provided below or elsewhere on this site.
WUI has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.
To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints and questions related to the Services, please use the contact information specified in paragraph 4 above.
- MONITORING. WUI 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, WUI 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 WUI.
- 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 WUI or by any of its third-party providers regarding the content of those other websites. Neither WUI 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. If you decide to visit any other website or forum for any reason, you do so at your own risk.
- BLOGS/DISCUSSIONS. .Blogs,. or web logs, are a place for individuals to share their interest in weather and the world outdoors with other users of the Weather Underground. Areas of the Site including the .Wunder Blog Directory. allow for public discussion of weather-related ideas, facts and opinions. WUI 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 WUI, its employees, agents, representatives or affiliates. WUI 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 WUI.s 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. WUI 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 WUI. WUI 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 WUI, in its sole discretion, finds to be objectionable or inappropriate in any way.
- 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. WUI 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, WUI 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.
- LIMITATION OF LIABILITY. WUI 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 WUI 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. WUI 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.
- 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 another.s 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 WUI'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 WUI for any purposes it deems appropriate including commercial gain. By submitting information to WUI, you automatically grant, or warrant that the owner of such material has expressly granted WUI 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 WUI the right to edit, copy, display, publish and distribute any information or material made available on the Site by you.
No Charge Subscriber Agreement
By clicking on "Yes - I agree", you will be subscribing for the Weather Underground No Charge Email Weather Service. As a subscriber, you will receive from Weather Underground updates of National Weather Service forecasts and weather alerts (the "Weather Updates"). By your subscribing for the Weather Updates (the "Subscription"), you agree to the SUBSCRIPTION TERMS and USER TERMS AND CONDITIONS detailed below.
- NO SUBSCRIPTION FEES. Your Subscription is included at no cost to you. In accepting the Subscription, you acknowledge that you will receive paid advertising as part of the Weather Updates, as it is the revenues from that advertsing that enables Weather Underground to provide the Weather Updates at no cost to you.
- SUBSCRIPTION TERM. Your Subscription will begin on the date that you click "I agree". You will have the right by notice to Weather Underground to terminate the Subscrption at any time and for any reason. Weather Underground will have the right by notice to you to terminate the Subscrption at any time and for any reason.
- NOTICES. Any notices from Wunderground.com to you will be to the e-mail address from which you sent your "I agree" to sign up for the Subscription. Any notice from you to Weather Underground will be sent to email@example.com.
USER TERMS AND CONDITIONS
- PERMITTED USE. You may access, view and make copies of information in the Weather Updates only for your personal use. You may not publish or otherwise distribute any information in the Weather Updates for any purpose.
- OWNERSHIP/TRADEMARKS. The Weather Updates, and all information contained in the Weather Updates, is the property of Weather Underground orits third party providers. All information in the Weather Updates is proprietary to Weather Underground or its third party providers. You do not acquire or have any ownership or other proprietary interest in any information contained in the Weather Updates. You agree that information contained in the Weather Updates is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
- ACCURANCY OF INFORMATION. All information in the Weather Updates is provided to you on an "as-is" basis. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS AND OTHER INFORMATION REGARDING WEATHER AND CLIMATIC CONDITIONS ARE UNCERTAIN. WUNDERGROUND.COM DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE WEATHER UPDATES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE.
- TRANSMISSION FAILURES. Weather Underground will use commercially reasonable efforts to publish and transmit the Weather Updates on a continuous and timely basis. Weather Underground is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any Weather Updates; or for the failure to transmit any Weather Updates resulting from any natural disasters, wars, labor strike or other events beyond the control of Wunderground.com. YOU ACKNOWLEDGE THAT, IN CIRCUMSTANCES INVOLVING NATURAL DISASTERS, FEDERAL, STATE AND MUNICIPAL GOVERNMENTAL AGENCIES WILL ISSUE OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS.
- LIMITATION OF LIABILITY. You acknowledge that, Weather Underground cannot and does not assume any responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of receiving the email such as pager charges, or as a result of any inaccuracy, incompleteness or obsolescence of any information contained in the Weather Updates. You agree that Wunderground.com will not 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 Weather Updates or any contractual or other dealings or relationships you may have with third parties based upon any information included in the Weather Updates.
- INDEMNIFICATION. You agree to indemnify and to hold Weather Underground, its subsidiaries, affiliates, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney fees) arising out of your use of the Weather Updates, including, without limitation, any violations by you in the terms and conditions for your use of the Weather Updates.
- GOVERNING LAW/JURISDICTION. This Subscription Agreement and your access to and use of information from the Weather Updates are governed by the laws of the State of Michigan. In the event of any dispute regarding the enforcement or interpretation of this Subscription Agreement or your compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Washtenaw County, Michigan.
- ENTIRE AGREEMENT. This Subscription Agreement constitutes the entire agreement between you and Weather Underground regarding your access to the Weather Updates and your reproduction and use of any information in the Weather Updates.
If you connect to Wunderground Data Feed, you will be able to pull and to decode weather related data from the non-public website of The Weather Channel, LLC ("WUI").
In addition, because of the special features of Wunderground Data Feed, by accessing and viewing information from Wunderground Data Feed you agree to be bound by these special terms: (1) you will not modify the data from Wunderground Data Feed in any way; (2) you will not modify the link structure to Wunderground Data Feed; (3) you will not modify WUI's logo that is included in the data; and (4) in all uses of the data, you will credit WUI by name as the source of the data.
As with all data that you access from the Site, the data that you pull from Wunderground Data Feed may only be used by you for personal, non-commercial purposes. If you want to use that data for commercial purposes, contact us through the Site and we will supply you with rate information for commercial customers.
If you violate any of the general or specific terms applicable to Wunderground Data Feed, WUI has the right to terminate your use of the Site and the Data Feed and to take appropriate legal actions against you.
WUI reserves the right to change these general or special terms at any time by posting on the Site. You understand and agree that your use of the Site and Wunderground Data Feed is a benefit voluntarily given by WUI and that WUI may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to these general and special terms, you cannot use Wunderground Data Feed or the services and information offered therein.
Amazon Services LLC Associates Program
Weather Underground is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
The Weather Channel, LLC
P.O. Box 724554
Atlanta, GA 31139