Terms of Use
Date: July 13, 2012
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES (DEFINED BELOW) FROM WSI CORPORATION
("WSI"). BY USING THESE SERVICES, YOU AGREE TO THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.
- General. The Services include the INTELLICAST¨ Boating software application
(ÒSoftwareÓ) on the Apple iOS system and all related information and
content (ÒServicesÓ).
The Services are owned and operated by WSI. WSI has the right at
any time to change or discontinue any of the Services or any aspect or
feature of the Services, including, without limitation, the content, hours
of availability, and equipment needed for access or use of the Services.
- Privacy
Policy. By using any of the Services, you are
agreeing to the terms of WSI's privacy policy and the collection, use and
sharing of information, including without limitation your personal
information, described therein.
- Equipment. You shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment needed
for access to and use of the Services and all charges related thereto.
- Restrictions
on Use.
- You
shall use the Services for lawful purposes only. You shall not post or transmit through
the Services
any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violate any law.
Without WSI's express prior approval, you shall not post or transmit
through the Services any material that contains advertising or any solicitation with
respect to products or services. You shall not use the Services 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 Services or WSIÕs other products or services. Any conduct by you that in WSI's
discretion restricts or inhibits any other user from using or enjoying
the Services will
not be permitted.
- The
Services
contain copyrighted material, trademarks and other proprietary
information, including, without limitation, text, software, photos,
video, graphics, music and sound, and the contents of the Services are copyrighted under the United States
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 WSI
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.
- You
shall not e-mail, upload, post or otherwise make available on the Services 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 WSI'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 WSI throughout the
universe. By submitting material to WSI, you automatically grant, or
warrant that the owner of such material has expressly granted WSI,
its subsidiaries, its affiliates, its contractors, and its licensees the
royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, display, translate,
perform, edit, transmit, reformat, sublicense and distribute such
material (in whole or in part, directly or indirectly) and/or to
incorporate it in other works in any form, media or technology now known
or hereafter developed; you waive your rights to attribution, integrity,
or moral rights in the materials in connection with their use by WSI and
other authorized parties; you agree to allow use of your name and city on
the Services and in publicity or advertising without compensation; and
you understand and agree that WSI shall have no obligation to copy,
publish, display or otherwise exploit the materials, nor shall they be
obligated to prevent, or have any liability for, any unauthorized
copying, publishing, displaying or other exploitation of the materials.
- The
foregoing provisions of Section 4 are for the benefit of WSI, its
subsidiaries, affiliates and its third party content providers and
licensors, contractors, advertisers, licensees, and
licensors
and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
- Disclaimer
of Warranty; Limitation of Liability.
- YOU
EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER WSI, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR
MERCHANDISE PROVIDED THROUGH THE SITE.
- THE
SERVICES ARE 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 SERVICES.
- 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, OR USE OF THE SERVICES, 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 WSI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO
CONTROL.
- TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WSI'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL
THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY
RIGHTS WHICH MAY NOT BE DISCLAIMED.
- SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF PARAGRAPH 5 MAY NOT APPLY TO YOU.
- Posting and Removal. WSI shall have the right in its sole
discretion to refuse to post or remove any material submitted to or posted
on the Services. WSI does not have an obligation to review
posted material on the Services, and WSI cannot assure that the material
will either be appropriate or appropriately expressed. WSI cannot publish
all material submitted to the Services. The choice of which material is
selected for the Services is at the sole discretion of WSI and cannot be
disputed. Without
limiting the foregoing, WSI shall have the right to remove any material
that WSI, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
- Indemnification. You agree to defend, indemnify and hold
harmless WSI and its suppliers, advertisers, licensors and
affiliated companies
and their respective directors, officers, employees, contractors and agents from and against any and all
claims, actions, demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising out of,
relating to or in connection with (a) your use of the Services, (b) the
content of any materials you submit, (c) any violation of any law or
regulation by you, and (d) this agreement. Some jurisdictions restrict the
use of indemnification clauses. Accordingly, some or all
of this paragraph may not apply to you.
- Trademarks. WSI, INTELLICAST and each of their logos
are trademarks of WSI Corporation. All rights reserved. All other
trademarks appearing on the Services are the property of their respective
owners.
- Third
Party Content.
WSI is not a publisher of content supplied by third parties and users of
the Services.
Accordingly, WSI 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
WSI. In many instances, the content available through the Services represents the opinions and judgments of the
respective information provider or user. WSI neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on the Services by anyone other than authorized WSI employee
spokespersons while acting in their official capacities.
- Viruses. WSI 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 Services or your downloading of any materials, data, text, images, video,
or audio from the Services.
- Export
Control.
Software and other materials from the Services may also be subject to United States Export
Control. The United States Export Control laws prohibit the export of
certain technical data and software to certain territories. No software
from this Site may be downloaded or exported (1) into (or to a national or
resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to
which the Unites States has embargoed goods; or (2) to anyone on the
Unites States Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. WSI does not
authorize the downloading or exportation of any software or technical data
from the Services to any jurisdiction prohibited by the United States Export Laws.
- Business
Associates.
The business associates of WSI identified on the Services are independent contractors of WSI. The
business associates are not joint venturers or partners of WSI. No
employee or representative of the business associates is under the control
of WSI.
- Changed
Terms.
WSI has the right at any time to change or modify the terms and conditions
applicable to use of the Services, 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 (i) immediately upon notice thereof,
which may be given by any means including, without limitation, posting on
the Services, or by electronic or conventional mail, or by any other means or
(ii) where required by law, 30 days after their publication through the
Services.
Any use of the Services by you after such notice shall be deemed to
constitute acceptance of such changes, modifications, additions or
deletions.
- Miscellaneous. These terms of use constitute the entire
agreement of the parties with respect to the subject matter hereof and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. This agreement shall be construed in
accordance with the laws of the State of Massachusetts, without regard to
its conflict of laws rules. All disputes under this agreement
shall be resolved by the State or Federal courts in Massachusetts, and
each party consents to the exclusive jurisdiction of such courts and
hereby waives any jurisdictional or venue defenses otherwise available to
it. No waiver by WSI of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import.
- Links. The Services incorporate links to other Web
sites. WSI does not in any way endorse, nor is it responsible for, the
content on those other Web sites.
- Copyrights
and Copyright Agent. If you believe that your copyrighted work has been copied in a
way that constitutes copyright infringement under United States law,
please provide WSIÕs Agent the following information in writing (as
required by the Digital Millennium Copyright Act, 17 U.S.C. 512
("DMCA") for copyrighted works):
- 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 work
claimed to have been infringed, or, if multiple 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 WSI to
locate the material;
- Information reasonably
sufficient to permit WSI 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 infringement on the Services
under United States law can be reached as follows:
Copyright Agent
P.O. Box 724554
Atlanta, GA 31139
Phone: (770) 226-2824
Fax: (770) 226-2632
Email:
copyrightagent@weather.com
This contact information is only for
reporting infringement under United States law. Contact information for other
jurisdictions is provided below, and contact information for other matters is
provided elsewhere on WSI sites and services.
- 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 16 above.
- The editor of the
Services is:
WSI Corporation
400 Minuteman Road
Andover, MA 01810
Telephone: 978-983-6300
Email: mobile@wsi.com