1. General. The Services ("Services") include the Innovative Weather Solutions and My Hair Weather™ websites (the "Sites”), and other Internet enabled or wireless means by which Innovative Weather Solutions provides content to you, including, without limitation, a downloadable software application My Hair Weather™ and delivery of My Hair Weather content to you at your request. "Services" also includes alert products. The Services are owned and operated by MSShop Technologies, Inc. As such, MSShop Technologies, Inc 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.
3. 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.
4. Restrictions on Use
A. 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 MSShop Technologies’ express prior approval, you shall not post or transmit through the Services any material which 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. Any conduct by you that in MSShop Technologies’ discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted.
B. The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, 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 MSShop Technologies 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.
C. 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 the MSShop Technologies policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of MSShop Technologies throughout the universe. By submitting material to MSShop Technologies, you automatically grant, or warrant that the owner of such material has expressly granted MSShop Technologies, 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 MSShop Technologies 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 MSShop Technologies 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.
D. The foregoing provisions of Section 4 are for the benefit of MSShop Technologies, its subsidiaries, affiliates and its third party content providers, contractors, advertisers, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER MSSHOP TECHNOLOGIES, 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 SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES.
B. 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.
C. 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, WITHOUT LIMITATION, 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 MSSHOP TECHNOLOGIES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
D. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL MSSHOP TECHNOLOGIES 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 THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
E. 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.
6. Posting and Removal. MSShop Technologies shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. MSShop Technologies does not have an obligation to review posted material on the Services, and MSShop Technologies cannot assure that the material will either be appropriate or appropriately expressed. MSShop Technologies cannot publish all material submitted to the Services. The choice of which material is selected for the Services is at the sole discretion of MSShop Technologies and cannot be disputed. Without limiting the foregoing, MSShop Technologies shall have the right to remove any material that MSShop Technologies, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
7. Indemnification. You agree to defend, indemnify and hold harmless MSShop Technologies 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 and costs) arising out, 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.
8. Trademarks. MSShop Technologies, Innovative Weather Solutions My Hair Weather and their logos are trademarks of MSShop Technologies, Inc. All rights reserved. All other trademarks appearing on the Services are the property of MSShop Technologies or their respective owners.
9.Third Party Content. MSShop Technologies is not a publisher of content supplied by third parties and users of the Services. Accordingly, MSShop Technologies 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 MSShop Technologies. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. MSShop Technologies 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 MSShop Technologies employee spokespersons while acting in their official capacities.
10. Viruses. MSShop Technologies 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.
11. 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 the Services 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 United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. MSShop Technologies 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.
12. Business Associates. The business associates of MSShop Technologies identified on the Services are independent contractors of MSShop Technologies. The business associates are not joint ventures or partners of MSShop Technologies. No employee or representative of the business associates is under the control of MSShop Technologies.
13. Changed Terms. MSShop Technologies 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.
15. Links. The Services incorporate links to other Web sites. MSShop Technologies does not in any way endorse, nor is it responsible for, the content on those other Web sites.
16. 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 MSShop Technologies’ Agent the following information in writing (as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA") for copyrighted works):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. 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 MSShop Technologies to locate the material;
d. Information reasonably sufficient to permit MSShop Technologies to contact you;
e. 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
f. 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.
17. Our agent for notice of claims of copyright infringement on the Services can be reached as follows: Email: email@example.com This contact information is only for reporting infringement under United States law. Contact information for other jurisdictions or other matters is provided below or elsewhere on this site.
18. 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 contact us at: firstname.lastname@example.org .