BY REGISTERING, SUBMITTING CONTENT OR CLICKING THE "SUBMIT" BUTTON, YOU AGREE TO BE BOUND BY ALL 9 SECTIONS OF THE AGREEMENT BELOW. BEFORE YOU MAKE SUBMISSIONS, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER OR SUBMIT CONTENT.
1. This agreement ("Agreement") becomes effective when you complete all of the information required on the Registration Form and indicate your acceptance of this Agreement by "clicking" on the "SUBMIT" button when it is presented. This Agreement is between The Weather Channel, LLC. and its affiliated companies (collectively "TWC") and you. This Agreement sets forth the terms and conditions under which you agree to submit content to this mobile web site.
2. If you submit any content to TWC, you will be deemed to have made the following representations, upon which TWC will have the right to rely: you have read, understand and agree to these terms and conditions; you hereby grant TWC the non-exclusive royalty-free irrevocable rights, in its sole discretion, to use, reproduce, copy, publish, display, distribute, perform, translate, sublicense, adapt, modify, create derivative works from and otherwise exploit the content (in whole or in part) and to incorporate the content in other works, in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity; you have the sole and exclusive right to grant such rights to TWC; you have obtained appropriate, written releases from any and all recognizable persons appearing in the content, and from any and all persons who provided art work or any other material appearing in the content; TWC's copying, publishing, displaying and/or other exploitation of the content will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; you hereby grant any other user of the site the right to access, view, store or reproduce the content for that user's personal use; you waive your rights to attribution, integrity, or any other moral right in the content in connection with its (their) use by TWC; you agree to allow use of your name and city in publicity or advertising without compensation; and you understand and agree that TWC shall have no obligation to copy, publish, display or otherwise exploit the content, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the content.
3. TWC may modify these terms and conditions at any time at its sole discretion. Such modified terms and conditions can be found at this Web site. After notice of a modification, your continued submissions of content to TWC constitute an affirmative agreement to be bound by such new terms and conditions. Any modification is effective immediately for all submissions made after the time of such modification. If any modification to this Agreement is unacceptable to you, you may immediately terminate the submission. However, if you do not terminate the submission, or continue to make submissions following modification to this Agreement, your continued use will mean that you have accepted that modification.
4. TWC reserves the right to modify or discontinue the service, and any terms or conditions, at any time.
5. This service is also governed by The Weather Channel Terms of Use and Privacy Policy. This Agreement and the accompanying Terms of Use constitute the entire agreement between you and TWC with respect to the service and supersede all other communications. To the extent any terms of this Agreement are in conflict with the Terms of Use, the terms of this Agreement shall control. For our international users, please be aware that the information you submit when registering for our services is collected in the United States of America. In addition to being subject to our Terms of Use and Privacy Policy, the collection, storage, and use of your data will be subject to U.S. laws and regulations, which may be different from the laws and regulations of your home country. By registering for this service, you are consenting to this collection, storage, and use.
6. TWC reviews submissions but does not otherwise assume responsibility for the contents of any submission. TWC cannot publish all content entries submitted. The choice of which submissions are selected is at the sole discretion of TWC and cannot be disputed. TWC reserves the right to alter content as appropriate for the medium.
7. You agree to defend, indemnify and hold harmless TWC and its directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site or arising from or in connection with the contents of your submissions. In no event will TWC, its parent or affiliated companies, or their respective directors, officers, employees and agents be liable for any damages, claims or injuries, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, or personal or bodily injuries, arising from or in connection with your creation of the content, by videotaping, photography or otherwise, for submission to TWC.
8. This Agreement shall be construed in accordance with the laws of the State of Georgia without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Superior Courts of Cobb County in the State of Georgia or in the United States District Court for the Northern District of Georgia, and you consent to the exclusive jurisdiction of such courts and hereby waive any jurisdictional or venue defenses otherwise available to you.
9. All notices contemplated by this Agreement will be in writing and mailed by hand delivery, prepaid courier service, by overnight delivery with delivery confirmation, or by telecopier with receipt confirmed by electronic acknowledgement of transmission; provided that, TWC may provide notice to you via electronic mail. Notices shall be effective upon receipt of confirmation that delivery is complete. All notices to you shall be addressed to the location you provide to TWC. All notices to TWC shall be addressed to The Weather Channel, LLC, 300 Interstate North Parkway, Atlanta, Georgia 30339, sent to the attention of the President with a copy to TWC's General Counsel (unless another address is subsequently designated by notice to the other party).
