Please read this carefully. These are the terms and conditions on which you may use the Netweather.tv (net-weather.com, netweather.org.uk, net-weather.org.uk, net-weather.info or netweather.me.uk) website and the online content/services available on it. These terms apply to your total use of Netweather.tv (net-weather.com, netweather.org.uk, net-weather.org.uk, net-weather.info or netweather.me.uk) and all Net-Weather content irrespective of the delivery platform or the method of delivery. By accessing Netweather.tv (net-weather.com, netweather.org.uk, net-weather.org.uk, net-weather.info or netweather.me.uk) you are agreeing to the terms and conditions below. If you use Netweather.tv (net-weather.com, netweather.org.uk, net-weather.org.uk, net-weather.info or netweather.me.uk) in the course of your business, you are also agreeing to these terms and conditions on behalf of that business and should also read the paragraph in Section 2 regarding At Work Use.If you do not agree with the terms and conditions (or are not authorised to do so) you should not use Netweather.tv (net-weather.com, netweather.org.uk, net-weather.org.uk, net-weather.info or netweather.me.uk). If you have any questions please contact us. We recommend that you print a copy of these terms and conditions for your records.
NET-WEATHER may change, alter or withdraw any part of Netweather.tv (net-weather.com, netweather.org.uk, net-weather.org.uk, net-weather.info or netweather.me.uk) at any time (with or without notice to you) and may also change the terms and conditions. NET-WEATHER will publish details of any changes to the terms and conditions in Section 11 below. You should regularly check to see if any changes have been made - by using Netweather.tv (net-weather.com, netweather.org.uk, net-weather.org.uk, net-weather.info or netweather.me.uk) after we have posted the changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using Netweather.tv and you may cancel your subscription to any Paid For Services in accordance with your rights set out in Section 8. References in these terms and conditions to "NET-WEATHER" (or "we", "us" or "our") refer to the company operating Netweather.tv or any other weather website operated by the company, including but notlimited to net-weather.com, netweather.org.uk, net-weather.org.uk, net-weather.info and netweather.me.uk, see the Corporate Information section below for more details. From time to time NET-WEATHER will run competitions, free prize draws, promotions and surveys on Netweather.tv These are subject to additional terms and conditions that will be made available at the time they are run.
1. Access and Use
Netweather.tv is split into three sections. Areas that are: (1) accessible to all; (2) accessible to registered users; and (3) accessible to paying subscribers.Permitted Use: All NET-WEATHER Content belongs to NET-WEATHER or its licensors. NET-WEATHER or its licensors own all intellectual property rights (including copyright, underlying software coding and database rights) in the NET-WEATHER. You may for your personal, non-commercial use:
- retrieve and display NET-WEATHER Content on any compatible device;
- print a single copy of individual articles on paper (but not photocopy them); and
- store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network).
Restrictions on Use: You may not use Netweather.tv for any unlawful purpose. Except as expressly set out above, you may not copy, publish, broadcast, change, archive, publicly display or in any way commercially exploit any of the NET-WEATHER Content. Without limitation, you may not do any of the following without prior written permission from NET-WEATHER (and neither may you allow a third party to do any of the same):
- redistribute any of the NET-WEATHER Content; or
- remove the copyright or trade mark notice from any copies of NET-WEATHER Content made under these terms and conditions; or
- create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the NET-WEATHER Content; or
- harvest or scrape the NET-WEATHER Content or otherwise access the NET-WEATHER Content for similar purposes; or
- use any machine or software tool to read or extract the NET-WEATHER Content by automated means.
You acknowledge that "NET-WEATHER" is a trade mark and that you may not use it without written permission from NET-WEATHER.
PLEASE NOTE THAT IN ADDITION AND WITHOUT PREJUDICE TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF Netweather.tv .At Work Use: If you are using Netweather.tv in an "at work" capacity (whether for a company, partnership, public sector body, charity etc.) and your use extends beyond personal, non-commercial use then you should contact NET-WEATHER's Sales Team here to discuss your business requirements. Any use that falls outside of these standard terms and conditions is expressly forbidden without prior discussion and written agreement with Net-Weather.
3. Technical Requirements and Site Security
Netweather.tv is best viewed using the Internet browsers IE6 or Mozilla 1.0x. Any older browser versions may work but users could have limited browsing experience. Any login or payment information you send to us over the Internet is encrypted using RC4 128 bit High Grade encryption and is verified.
4. WARRANTIES AND LIMITATION OF LIABILITY
The NET-WEATHER Content is only for your general information and use and is not intended to address your particular requirements. In particular, the NET-WEATHER Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by NET-WEATHER. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) Netweather.tv are at your sole risk and responsibility. Any information that you receive via Netweather.tv whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and may be rounded up/down and therefore not entirely accurate. NET-WEATHER is not responsible for any use of the NET-WEATHER Content by you outside its scope as stated in these terms and conditions.LIMITED WARRANTY What we can guarantee: NET-WEATHER shall develop and operate Netweather.tv with reasonable skill and care and has reasonable security procedures in place. What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, NET-WEATHER DOES NOT GIVE ANY WARRANTIES IN RESPECT OF Netweather.tv . TO THE EXTENT ALLOWED BY APPLICABLE LAW, NET-WEATHER HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY OR OF LACK OF NEGLIGENCE. WE DO NOT PROVIDE ANY WARRANTY THAT Netweather.tv IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.OUR LIABILITY EXCLUSION TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT NET-WEATHER WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF Netweather.tv (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING Netweather.tv OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT NET-WEATHER WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF Netweather.tv . YOUR REMEDIES, NET-WEATHER SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN Netweather.tv OF WHICH IT IS AWARE.
5. Third Party Sites and Services
Netweather.tv contains links to other Internet websites or online and mobile services provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with NET-WEATHER and so include NET-WEATHER's trade mark. NET-WEATHER is not responsible for the availability or content of Third Party Sites and will not in any way be responsible for, any transaction concerning goods or services available from such Third Party SitesNetweather.tv contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Netweather.tv complies with international and national law. NET-WEATHER will not be responsible for any error or inaccuracy in advertising or sponsorship material.
6. Choice of Law and Jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, English law.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
8. Paid For Services
NET-WEATHER operates the following "PAID FOR" services: Netweather.tv subscription services. By subscribing to receive these Paid For Services, as well as the above terms and conditions, you are also agreeing to the terms in this Section 8. NET-WEATHER reserves the right to vary the Paid For Services and does not guarantee that a Paid For Service will remain paid for or that a free-of-charge service will remain free-of-charge.You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you already receive any Paid For Services through any corporate or business arrangement made with us, any payment terms below will not apply to you.You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to NET-WEATHER you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments NET-WEATHER reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services.In the case of SMS Services, you may only subscribe if your telephone is capable of receiving SMS.NET-WEATHER will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time. A contract with you for receipt of the Paid For Services will come into effect when NET-WEATHER sends you an email or SMS message confirming your subscription.There is no specific time limit applying to your use of the Paid For Services on these terms and conditions. However, NET-WEATHER reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these terms and conditions, with or without notice and without further obligation to you.NET-WEATHER will charge you in British Pounds Sterling. You may also have to pay any applicable local taxes.
(b) Netweather.tv Subscription Services
Access and Use: Certain areas of Netweather.tv are only accessible to users who pay to subscribe to Netweather.tv. Once you have completed the subscription process and your card has been authorised for payment, you will be given appropriate access to Netweather.tv .Pricing: The subscription price is set out on the pages which contain our subscription process. You can take out an annual, six month, three month or monthly subscription which will automatically renew. NET-WEATHER will notify you in advance of any price increases. If we give you a free trial, you will only be charged for your Netweather.tv Subscription with effect from the expiry of that free trial period. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. NET-WEATHER will not be liable for any third party charges (for example telephone or internet access).Cancelling or Changing your Netweather.tv Subscription: You may cancel your subscription at any time by contacting our Customer Services team at [email protected] Refunds will be paid on a pro-rata basis calculated on the prevailing standard monthly rate as published at that time (i.e. the 'used' part of the subscription will not reflect the discounted monthly rate).
(c) NET-WEATHER Mobile services
Services: NET-WEATHER operates the following Paid For Services for mobile devices:SMS Services: NET-WEATHER will arrange for SMS messages to which you subscribe to be sent to your mobile telephone.You will be able to receive the NET-WEATHER Mobile Services throughout the UK. You will also be able to receive them in other countries that support GSM if your mobile device has and your mobile telephone network operator provides appropriate international roaming capability. You should contact your operator for more details about use of your mobile device outside the UK.SMS Services: You pay on a "pay per message" basis for each separate text message you are sent at the rate set out on NET-WEATHER at that time. You will be credited for any messages that NET-WEATHER sends you in error if you are charged for them.
9. Netweather.tv includes discussion forums that allow interaction between users and NET-WEATHER forecasters ("Forums"). While NET-WEATHER does not control the information/materials posted to Forums by users ("the Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use use of the Forums and you waive moral rights that you have in regard to the Messages. You must comply with any rules posted by NET-WEATHER on a Forum.
You may not:
post, link to or otherwise publish any Messages containing any form of promotion for goods or services and any chain Messages or "spam";
post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
disguise the origin of any messages;
impersonate any person or entity (including NET-WEATHER employees, forum team members, forecasters, hosts or guests) or misrepresent any affiliation with any person or entity;
post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of Netweather.tv or any computer software or equipment;
collect or store other users personal data;
restrict or inhibit any other user from using the Forums.
You are solely responsible for the content of your Messages. By submitting messages to any Forum you agree to indemnify NET-WEATHER from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section. The Forums contain Messages submitted by users over whom NET-WEATHER has no control. NET-WEATHER cannot guarantee the accuracy, integrity or quality of any Messages. Some users my breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific actions based on the information posted. NET-WEATHER employees, forum team members, forecasters and hosts (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by NET-WEATHER. The opinions of those NET-WEATHER employees, forum team members, forecasters, hosts or special guests are their own and are not necessarily endorsed by NET-WEATHER. They should not be considered by you as professional advisers. By submitting Messages to any Forums you are granting NET-WEATHER a worldwide perpetual, royalty free, non-exclusive licence to reproduce, modify, make available, distribute and sub licence the Message in whole or in part and in any form. NET-WEATHER reserves the right to contact you by email with regard to your use of the Forums. It is not possible for NET-WEATHER to fully and effectively monitor when messages may infringe the copyright of a third party or other third party rights. If you believe that a message infringes any legal rights that you may have, you should notify NET-WEATHER immediately with specific details by contacting Netweather here.
10. Corporate Information
Netweather.tv is a subsidiary of MBC Netweather Ltd, whose: company number is 07063403.