Terms Of Use

Terms of use:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. BY USING THIS APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS APP.

1. General. This app is owned and operated by Instant Weather, Inc. (referred to as “Instant Weather”). Instant Weather has the right at any time to change or discontinue any aspect or feature of the app, including, without limitation, the content, hours of availability, and equipment needed for access or use of the app.

2. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the app and all charges related thereto.

3. Restrictions on Use.

1. This app is to be used for lawful purposes only. At no point in time is any user of the app permitted to post or transmit through the app any material considered to be unlawful, which violates or infringes in any way upon the rights of others, including but not limited to all material considered to be threatening, abusive,

defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Without Instant

Weather’s express prior approval, no user shall post or transmit through the app any material which contains advertising or any solicitation with respect to products or services. You shall not use the app to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the app. Any conduct by you that in Instant Weather’s discretion restricts or inhibits any other user from using or enjoying the app will not be permitted.

2. The app contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the app are copyrighted under the United States and Canadian copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution,

retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Instant Weather and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author

attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.

3. You shall not e-mail, upload, post or otherwise make available on the app any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall 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 Instant Weather’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non confidential and non-proprietary and will become the property of Instant Weather throughout the universe. By submitting material to Instant Weather, you automatically grant, or warrant that the owner of such material has expressly granted Instant Weather the 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 permit any other user of the app to access, view, store or reproduce the material for that user’s personal use. You grant Instant Weather the right to edit, copy, display, publish and distribute any materials made available on the app by you.

4. The foregoing provisions of Section 3 are for the benefit of Instant Weather, its subsidiaries, affiliates and its third- party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Disclaimer of Warranty; Limitation of Liability.

1. YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. NEITHER INSTANT WEATHER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE APP.

2. THE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR

MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE APP.

3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,

INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, ORUSE OF THIS APP, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT Instant Weather IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.

4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL INSTANT WEATHER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS APP. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.

5. Monitoring. Instant Weather shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the app. Without limiting the foregoing, Instant Weather shall have the right to remove any material that Instant Weather, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. Indemnification. You agree to defend, indemnify and hold harmless Instant Weather and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of your use of the app.

8. Third Party Content. Instant Weather is not a publisher of content supplied by third parties and users of the app. Accordingly, Instant Weather has no more editorial control over such content than does a public library, bookstore, or newsstand. 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 of Instant Weather. In many instances, the content available through the app represents the opinions and judgments of the respective information provider or user. Instant Weather neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the app by anyone other than authorized Instant Weather employee spokespersons while acting in their official capacities.

9. Viruses. Instant Weather also 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 in the app or your downloading of any materials, data, text, images, video, or audio from the app.

10. Export Control. Software and other materials from this app may also be subject to Canadian Export Control. The Canadian Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this app may be downloaded or exported into (or to a national or resident of) any other country to which Canada has embargoed goods. Instant Weather does not authorize the downloading or exportation of any software or technical data from this app to any jurisdiction prohibited by Canadian Export Laws.

11. Business Associates. The business associates of Instant Weather identified on this app are independent contractors of Instant Weather . The business associates are not joint venturers or partners of Instant Weather. No employee or representative of the business associates is under the control of Instant Weather.

12. Changed Terms. Instant Weather has the right at any time to change or modify the terms and conditions applicable to use of the app, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the app, or by electronic or conventional mail, or by any other means. Any use of the app by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

13. The Instant Weather app incorporates links to other app and Web sites. Instant Weather does not in any way endorse, nor is it responsible for, the content on those other Web sites or apps.

Part of our mission is to:

Raise awareness about the real threat of severe weather. Disseminate this content effectively and globally.

You are free to:

Share and Reuse our articles and other media under free and open licenses as long as credit is paid to the corresponding page.

Contribute to our pages and apps.

Under the following conditions:

Responsibility – You take responsibility for your actions.

Civility – You support a civil environment and do not harass other users.

Lawful Behavior – You do not violate copyright or other laws.

No Harm – You do not harm our technology infrastructure.

Terms of Use and Policies – You adhere to the below Terms of Use and to the applicable community policies when you visit our sites or participate in our communities.

With the understanding that:

You License Freely Your Contributions – you generally must license your contributions to our sites or apps under a free and open license (unless your contribution is in the public domain).

No Professional Advice – the content of articles and other projects is for informational purposes only and does not constitute professional advice.

Our goal or mission is to keep an open, public (anyone gets accepted with the exception of those who have been banned for any reason) group in order to share information about severe weather.

Welcome to Instant Weather, Inc. Instant Weather (“we” or “us”), is an organization whose mission is to empower and engage people around the world to learn about severe weather in the public domain, and to disseminate it effectively and globally.

To support our vibrant community, we provide free, Facebook pages, groups, and other social media pages for the sharing of knowledge. We strive to make and keep educational and informational content available on the internet free of charge, in perpetuity.

We welcome you (“you” or the “user”) as a reader, editor, author, or contributor of posts &

files, and we encourage you to join our community. Before you participate, however, we ask that you please read and agree to our Terms of Use (“Terms of Use”).

Overview

These Terms of Use tell you about our public services at Instant Weather, Inc., our relationship to you as a user, and the rights and responsibilities that guide us both. We want you to know that we host an incredible quantity of educational and informational content, all of which is contributed and made possible by users like yourself. Generally we do not contribute, monitor, or delete content (with the rare exception of policies like these Terms of Use or legal compliance for DMCA notices). This means that editorial control is in the hands of you and your fellow users who create and manage the content. We merely host this content.

The community – the network of users who are constantly sharing and learning – are the principal means through which the goals of the mission are achieved. The community contributes to and helps govern our sites.

You are welcome to join as a contributor, but you should follow the policies that govern each and every post or file upload. Because we are dedicated to making content freely accessible to the public, we generally require that all content you contribute is available under a free license or in the public domain.

Please be aware that you are legally responsible for all of your contributions, edits, and re-use of Instant Weather, Inc.’s content under the laws of Canada and other applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the content we host is for general informational purposes only, so if you need expert advice for a particular question, you should seek the help of a licensed or qualified professional. We also include other important notices and disclaimers, so please read these Terms of Use in their entirety.

Our Terms of Use

Topics:

1. Our Services

2. Privacy Policy

3. Content We Host

4. Refraining from Certain Activities

5. Password Security

6. Trademarks

7. Licensing of Content

8. DMCA Compliance

9. Third-party Websites and Resources

10. Management of Websites

11. Resolutions and Project Policies

12. Termination

13. Disputes and Jurisdiction

14. Disclaimers

15. Limitation on Liability

16. Modifications to these Terms of Use

17. Other Terms

Thank You!

1. Our Services

Instant Weather, Inc. is dedicated to encouraging the growth, development and distribution of free content, and to hosting the full content for the public free of charge. Our role is to host some of the largest collaboratively edited reference for severe weather which can be found here. However, we act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to contribute. Because of our unique role, there are a couple of things you should be aware of when considering our relationship to you, the apps, and the other users:

We do not take an editorial role: Because Instant Weather, Inc. pages are collaboratively edited, all of the content that we host is provided by users like yourself, and we do not take an editorial role. This means that we generally do not monitor or edit the content of our online

pages, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited.

You are responsible for your own actions: You are legally responsible for your edits and contributions on our pages, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of Canada. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. WMF generally cannot offer any protection, guarantee, immunity or indemnification.

2. Privacy Policy

We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in Canada or any other country. By using our services, you consent to any such transfer of information outside your country.

3. Content We Host

You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.

Our content is for general informational purposes only: Although we host a great deal of information, this content is presented for general informational purposes only. It should not be taken as professional advice. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in one of the online pages, posts, apps or files.

4. Refraining from Certain Activities

Instant Weather, Inc. only exists because of the vibrant community of users like you who collaborate to write, edit, and curate the content. We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make edits and contributions aimed at furthering the mission of the shared project.

Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include:

Harassing and Abusing Others

Engaging in harassment, threats, stalking, spamming, or vandalism; and

Transmitting chain mail, junk mail, or spam to other users.

Violating the Privacy of Others

Infringing the privacy rights of others under the laws of Canada or other applicable laws (which may include the laws where you live or where you view or edit content);

Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by Instant Weather, Inc.; and

Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors.

Engaging in False Statements, Impersonation, or Fraud

Intentionally or knowingly posting content that constitutes libel or defamation; With the intent to deceive, posting content that is false or inaccurate;

Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and

Engaging in fraud.

Committing Infringement

Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law. Misusing Our Services for Other Illegal Purposes

Posting child pornography or any other content that violates applicable law concerning child pornography;

Posting or trafficking in obscene material that is unlawful under applicable law; and Using the services in a manner that is inconsistent with applicable law.

Engaging in Disruptive and Illegal Misuse of Facilities

Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;

Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by Instant Weather, Inc.;

Disrupting the services by placing an undue burden on the networks or servers connected with Instant Weather, Inc.;

Disrupting the services by inundating any of the websites with communications or other traffic that suggests no serious intent to use Instant Weather, Inc. for its stated purpose;

Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and

Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:

such actions do not unduly abuse or disrupt our technical systems or networks; such actions are not for personal gain (except for credit for your work);

you report any vulnerabilities to Instant Weather, Inc.; and

you do not undertake such actions with malicious or destructive intent.

Paid contributions without disclosure

These Terms of Use prohibit engaging in deceptive activities, including misrepresentation of affiliation, impersonation, and fraud. As part of these obligations, you must disclose your employer, client, and affiliation with respect to any contribution for which you receive, or expect to receive, compensation. You must make that disclosure in at least one of the following ways:

a statement on your user page,

a statement on the talk page accompanying any paid contributions, or

a statement in the edit summary accompanying any paid contributions.

Applicable law, or community and Foundation policies and guidelines, such as those addressing conflicts of interest, may further limit paid contributions or require more detailed disclosure.

We reserve the right to exercise our enforcement discretion with respect to the above terms. 5. Password Security

You are responsible for safeguarding your own password and should never disclose it to any third party.

6. Trademarks

Although you have considerable freedoms for re-use of the content on Instant Weather, Inc., it is important that, at Instant Weather, Inc., we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, we ask that you please respect our trademarks. Instant Weather, Inc. trademarks belong to Instant Weather, Inc., and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use and in compliance with our Trademark Policy.

7. Licensing of Content

To grow the commons of free knowledge and free culture, all users contributing to the Projects are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative works. In keeping with our goal of providing free information to the widest possible audience, we require that when necessary all submitted content be licensed so that it is freely reusable by anyone who cares to access it.

You agree to the following licensing requirements:

Text to which you hold the copyright: When you submit text to which you hold the copyright, you agree to license it under:

Creative Commons Attribution-ShareAlike 3.0 Unported License (“CC BY-SA”), and

GNU Free Documentation License (“GFDL”) (unversioned, with no invariant sections, front cover texts, or back-cover texts).

(Re-users may comply with either license or both.)

The only exception is if Instant Weather, Inc. requires a different license. In that case, you agree to license any text you contribute under that particular license. For example, at the publication of this version of the Terms of Use, mandates that all text content is licensed under the Creative Commons Attribution 2.5 Generic License (CC BY 2.5) and does not require a dual license with GFDL.

Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms.

Attribution: Attribution is an important part of these licenses. We consider it giving credit where credit is due – to authors like yourself. When you contribute text, you agree to be attributed in any of the following fashions:

Through hyperlink (where possible) or URL to the article to which you contributed (since each article has a history page that lists all authors and editors);

Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or

Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).

Importing text: You may import text that you have found elsewhere or that you have co authored with others, but in such case you warrant that the text is available under terms that are compatible with the CC BY-SA 3.0 license (or, as explained above, another license when exceptionally required by the Project edition or feature)(“CC BY-SA”). Content available only under GFDL is not permissible.

You agree that, if you import text under a CC BY-SA license that requires attribution, you must credit the author(s) in a reasonable fashion. Where such credit is commonly given through page histories, it is sufficient to give attribution in the edit summary, which is recorded in the page history, when importing the text. The attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where Instant Weather, Inc. decides that imported text cannot be used for that reason.

Non-text media: Non-text media on Instant Weather, Inc. are available under a variety of different licenses that support the general goal of allowing unrestricted re-use and re-distribution. When you contribute non-text media, you agree to comply with the requirements for such licenses as described in our Licensing Policy, and also comply with the requirements of the specific Project edition or feature to which you are contributing. Also see Instant Weather, Inc. Licensing Policy for more information on contributing non-text media to that Project.

No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for text content or non-text media contributed to Instant Weather, Inc. or features, even if you terminate use of our services.

Public domain content: Content that is in the public domain is welcome! It is important however that you confirm the public domain status of the content under the law of the Canada

as well as the laws of any other countries as required by the specific Project edition. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately.

Re-use: Re-use of content that we host is welcome, though exceptions exist for content contributed under “fair use” or similar exemptions under copyright law. Any reuse must comply with the underlying license(s).

When you re-use or re-distribute a text page developed by Instant Weather, Inc. community, you agree to attribute the authors in any of the following fashions:

Through hyperlink (where possible) or URL to the page or pages that you are reusing (since each page has a history page that lists all authors and editors);

Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).

If the text content was imported from another source, it is possible that the content is licensed under a compatible CC BY-SA license but not GFDL (as described in “Importing text,” above). In that case, you agree to comply with the compatible CC BY-SA license and do not have the option to re-license it under GFDL. To determine the license that applies to the content that you seek to re-use or re-distribute, you should review the page footer, page history, and discussion page.

In addition, please be aware that text that originated from external sources and was imported into Instant Weather, Inc. may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Such requirements may appear for example in a banner or other notations pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, re-users should preserve them.

For any non-text media, you agree to comply with whatever license under which the work has been made available (which can be discovered by clicking on the work and looking at the licensing section on its description page or reviewing an applicable source page for that work). When re-using any content that we host, you agree to comply with the relevant attribution requirements as they pertain to the underlying license or licenses.

Modifications or additions to material that you re-use: When modifying or making additions to text that you have obtained from Instant Weather, Inc., you agree to license the modified or

added content under CC BY-SA 3.0 or later (or, as explained above, another license when exceptionally required by Instant Weather, Inc.).

When modifying or making additions to any non-text media that you have obtained from Instant Weather, Inc., you agree to license the modified or added content in accordance with whatever license under which the work has been made available.

With both text content and non-text media, you agree to clearly indicate that the original work has been modified. If you are reusing text content in Instant Weather, Inc., it is sufficient to indicate in the page history that you made a change to the imported text. For each copy or modified version that you distribute, you agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself.

8. DMCA Compliance

Instant Weather, Inc. wants to ensure that the content that we host can be re-used by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers.

However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a DMCA takedown demand is invalid or improper. For more information on what to do if you think a DMCA notice has been improperly filed, you may wish to consult the Chilling Effects website.

If you are the owner of content that is being improperly used on Instant Weather, Inc. without your permission, you may request that the content be removed under the DMCA. Please message us directly in the group.

Alternatively, you may make a request to our community, which often handles copyright issues faster and more effectively than prescribed under the DMCA. In that case, you can post a notice explaining your copyright concerns. For a non-exhaustive and non-authoritative list of the relevant processes for the different Project editions, look here. Before filing a DMCA claim, you also have the option of sending a message directly to us.

9. Third-party Websites and Resources

You are solely responsible for your use of any third-party websites or resources. Although the Projects contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services

(including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

10. Management of Websites

The community has the primary role in creating and enforcing policies applying to the different posts or files. At Instant Weather, Inc., we rarely intervene in community decisions about policy and its enforcement. In an unusual case, the need may arise, or the community may ask us, to address an especially problematic user because of significant disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to:

Investigate your use of the service (a) to determine whether a violation of these Terms of Use, Project edition policy, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or appropriate governmental request;

Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests;

Refuse, disable, or restrict access to the contribution of any user who violates these Terms of Use;

Ban a user from editing or contributing or block a user’s account or access for actions violating these Terms of Use, including repeat copyright infringement;

Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities); and

Manage Instant Weather, Inc. in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public.

In the interests of our users and Instant Weather, Inc., in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to the same Project, unless we provide explicit permission. Without limiting the authority of the community, Instant Weather, Inc. itself will not ban a user from editing or contributing or block a user’s account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies.

Instant Weather, Inc. and its members may also take action when so allowed by the community or Foundation policies applicable to the specific posts or files, including but not limited to warning, investigating, blocking, or banning users who violate those policies. You agree to comply with the final decisions of dispute resolution bodies that are established by the

community (such as arbitration committees); these decisions may include sanctions as set out by the policy of Instant Weather, Inc.

Especially problematic users who have had accounts or access blocked may be subject to a ban, in accordance with the Global Ban Policy. In contrast to Board resolutions or these Terms of Use, policies established by the community, (like the Global Ban Policy), may be modified by the relevant community according to its own procedures.

The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 12 of these Terms of Use.

11. Resolutions and Project Policies

Instant Weather, Inc. releases official policies from time to time. Some of these policies may be mandatory for a particular Project or Project edition, and, when they are, you agree to abide by them as applicable.

12. Termination

Though we hope you will stay and continue to contribute to Instant Weather, Inc., you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either ourselves or this community or its members (as described in Section 10) to terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies). We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions, including Sections 1, 3, 4, 6, 7, 9-15, and 17.

13. Disputes and Jurisdiction

Highlighted for emphasis

We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by Instant Weather, Inc.. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a provincial court located in Simcoe County, Ontario, Canada. You also agree that the laws of Ontario and, to the extent applicable, the laws of Canada will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Simcoe County, Ontario, Canada, in any legal action or proceeding relating to us or these Terms of Use.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

14. Disclaimers

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At Instant Weather, Inc., we do our best to provide educational and informational content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

We are not responsible for the content, data, or actions of third parties, and you release us, 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. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use.

Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Some provinces or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

15. Limitation on Liability

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Instant Weather, Inc. will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage.

16. Modifications to these Terms of Use

Just as Instant Weather, Inc.’s input is essential for the growth and maintenance of the group, we believe that community input is essential for these Terms of Use to properly serve our users. It is also essential for a fair contract.

Because it may be necessary to modify these Terms of Use from time to time, we will provide notice of such modifications and the opportunity to comment via Instant Weather, Inc. However, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of Instant Weather, Inc. and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services.

17. Other Terms

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, Instant Weather, Inc.. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Instant Weather, Inc.

If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or Instant Weather, Inc.

Notwithstanding any provision to the contrary in these Terms of Use, we (Instant Weather, Inc.) and you agree not to modify the applicable terms and requirements of any free license that is employed on Instant Weather, Inc. when such free license is authorized by these Terms of Use.

These Terms of Use were written in English (Canadian). While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.

Thank You! We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing to Instant Weather, Inc. and using our services. Through your contributions, you are helping to build something really big – not only an important collection of severe weather reference documents but a community that provides education and information to millions who might otherwise lack access, but also a vibrant community of like-minded and engaged peers, focused on a very noble goal.

Be safe everyone!

- Instant Weather, Inc.

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