User Agreement |
- Terms of Use for www.k3jae.com
- PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
- General.
- Thank you for using K3JAE's Weather Station (the "Web Site"). This site is owned and operated by the K3JAE's
Weather Station (hereafter referred to as "KWS"). KWS has the right at any time to add, change or discontinue any aspect or feature
of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
This page states the terms and conditions under which you may use the Web Site. Please read this page carefully. By accessing the Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated herein, do not use the Web Site. KWS may, in it's sole discretion, modify or revise the Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. - Equipment.
- You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the sites and all charges related thereto.
- Rules.
- As a user of our web site, we do require that you follow a set of rules that prohibit certain activities. In
particular, we prohibit the use of our web site to:
- Promote or participate in an activity that violates any law, regulation, treaty or infringes on the rights of a third party;
- Posting information that is defamatory, indecent or offensive;
- Using the site to threaten, harass or intimidate others;
- Damage the name and reputation of KWS;
- Promote a commercial activity without permission of KWS;
- Interfere with a customer's use of KWS's services; or
- Break the security of any computer or account that does not belong to you.
- Limited Grant of Rights.
- By posting communications on or through the Web Site, you automatically grant KWS a royalty-free, perpetual,
irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to
sublicense such rights through multiple tiers of sub licensees.
We need this limited right to protect you and provide you services. The realities of operating a web site require us to periodically copy your files to a backup in case a catastrophe causes the loss of our computers and thus your files. By having a backup, we can safely restore your information.
In addition, if you use our sites to post messages, email us photos, or invite others to your photos, we need the right to display those messages, postcards and photos. Thus, we use this grant of limited rights to support your messages and photos. - Your Use of the Material.
- The contents of this Web Site, including but not limited to text, software, photographs, graphics,
illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other material ("Material")
are protected by copyright and other laws in both the United States and elsewhere. The Material includes both content owned
or controlled by KWS and content owned or controlled by third parties and licensed to KWS.
KWS authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the expressed written permission of KWS. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.
If you would like information about obtaining KWS's permission to use any of the Material on your Web site, please Contact Us.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material. - Non-Affiliation. Weather data is provided "as is." All Weather data on this site is provided "as is," and KWS & it's suppliers disclaim any and all warranties, whether express or implied, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. Never base important decisions that could result in harm to people or property on this weather information. This website is neither affiliated with nor endorsed by the National Weather Service or any other government agency. Even though it is the policy of KWS to supply timely and accurate weather information, the weather data contained herein is offered without any warranties expressed or implied, and is meant to only supplement -- not replace -- official NWS weather forecasts and information. Please consult a NWS meteorologist for serious inquiries about weather conditions.
- No Warranties.
- THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED. KWS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY
OR THIRD PARTY RIGHTS. KWS AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
KWS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVERS IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, KWS SHALL NOT, IN ANY MANNER, BE RESPONSIBLE FOR ANY COSTS INCURRED.
MUCH OF THE MATERIAL ON THIS WEB SITE IS PROVIDED BY THIRD PARTIES AND KWS SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.
In summary, we recommend that you keep copies of any information that you believe is truly valuable, so valuable that you can't afford to lose it, as we can't guarantee that it will never be lost if you use our site or that the information will be available to you at a later date. In addition, if you have information that is so private that you can never have it accessed by some stranger, please do not keep it on your computer. Sorry, we just can't guarantee being perfect (but we will make every effort to come as close as we can.) - Limitation of Liability / Disclaimer of Damages.
- This weather station and web sites are privately run and funded, and provide data freely available for the purposes of general interest only. While we endeavor to maintain the highest quality and accurate meteorological and hydrographic data, we can not, and do not guarantee it's accuracy or timeliness, and therefore will not accept any liability in regards to accuracy.
- Your use of this Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of this Web Site or with these Terms and Conditions, KWS's Privacy Policy, or other policies, your sole remedy is to discontinue use of this Web Site.
- Communities.
- General.
- This Web Site, among other things, may contain certain discussion forums, blogs, product reviews, bulletin board services, chat areas, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the communities, including without limitation the descriptions for many Communities and the content within a specific message or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. KWS has no responsibility for such content and is merely providing access to such content as a service to you.
- Permitted Uses.
- You agree that you are responsible for your own communications and for any consequences thereof.
You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the
particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
- Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
- Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose, other than in Communities intended for such uses.
- Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses.
- Download any file Posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted.
- Restrict or inhibit any other user from using and enjoying the Communities.
- Tamper with the dirty word filters to display swear words.
- No Obligation to Monitor.
- KWS does not control the information delivered to the Communities, and KWS has no obligation to monitor the Communities. However, KWS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- No Endorsement.
- KWS does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material posted in the Communities will be at your own risk.
- KWS's Rights.
- If notified by a User of communications which allegedly do not conform to any term of this Agreement, KWS may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. KWS will have no liability or responsibility for performance or non-performance of such activities. KWS reserves the right to terminate or restrict your access to any or all of the Communities at any time without notice for any reason whatsoever. You acknowledge that some Communities available through this Web-Site are available only through this Web Site and others are available both through this Web Site and other sources, such as Usenet, over which KWS has absolutely no control.
- Privacy.
- You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your family in any Community. KWS does not control or endorse the content, messages or information found in any Community and, therefore, KWS specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you post to this Web Site (whether in chat rooms, discussion groups, product reviews, message boards or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by KWS as confidential, that fact will be stated on those pages. For more information see KWS's Privacy Policy.
- Trademarks.
- All trademarks appearing on the site are the property of their respective owners.
- Copyright Infringement and Copyright Agent.
- KWS may, in appropriate circumstances and at its discretion, remove, or disable access to, material on this
Web Site that infringes on the rights of others. If you believe that your work has been used on this Web Site in a manner that
constitutes copyright infringement, please provide KWS with a written notice (e-mail is sufficient) that includes the following
information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on this Web Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
By email: Contact Us - Links to Other Sites.
- This Web Site may contain links to third party web sites that are maintained by others. These links are
provided solely as a convenience to you and not as an endorsement by KWS of the contents on such third-party Web sites. KWS is not
responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of
materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Additionally, all links to third party sites were valid links at the time of publishing said link. KWS cannot control whether the link remains a valid working link. Every effort is made to maintain and update links. KWS also reserves the right, without notice, to add update or remove any third party links contained throughout the site. - Indemnity.
- You agree to defend, indemnify, and hold harmless KWS, its officers, owners, members and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. KWS shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
- General.
- KWS makes no claims that the Materials are appropriate for any particular purpose or audience, or that they may
be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in
certain countries. If you access this Web Site from outside of the United States, you are responsible for compliance with the laws of
your jurisdiction.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and KWS with respect to the use of this Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of KWS. - Additional Information.
- KWS reserves the right to alter our User Agreement as needs require. Any changes will be posted to our web site in a timely manner. This statement and the policies outlined here are not intended to and do not give you any contractual or other legal rights. The section headings used herein are for convenience only and shall not be given any legal import.
From the K3JAE's Weather Station team, we thank you for using this site. Enjoy!
Comments, questions or problems? Contact Us
Webmaster last modified this document on 26th October 2009.
