- Licences: Subject to the terms and conditions of this Live Feed Service agreement (hereinafter referred to as the “Agreement”) Freemeteo grants you (Freemeteo and you hereinafter referred to collectively as the “Parties” or individually as the “Party”) a non-transferable, non-sub-licensable, non-exclusive licence to display exclusively on your website (hereinafter referred to as the “Site”) specified weather related content (hereinafter referred to as the “Freemeteo Content”). Freemeteo Content is provided on an “as is” and as “is available” basis. You must exhibit Freemeteo Content on its entirety and Freemeteo hereby reserves absolute editorial control over Freemeteo Content. Moreover, Freemeteo shall remain editorially independent at all times. Hence, you may not alter, modify, add, delete or in any way not intervene in Freemeteo Content and you may not produce any derivative works of Freemeteo Content.
The Site undertakes to use the Content solely for the purposes of online publishing and shall abstain from exploiting the Content in a commercial or other way, indicatively and not extensively by sending e-mails, sms, rss, data feeds, video or audio streams or any other medium for the transfer of data to third parties whether individuals or commercial entities, online or offline, for whichever application and regardless if provided against remuneration or not.
Payment depends on the type of service requested by the Site. Two types of services are provided for by Freemeteo, namely:
I. Weather banner feeds:
i. Weather banner feeds can be royalty free or on a paid-up basis, depending on the number of impressions requested by each Site. The economic terms as well as the valid payment methods are specified in the Subscription Form, which is hereby incorporated in this Agreement.
ii. Freemeteo hereby expressly reserves the right to place an upper limit in the number of impressions per month provided to each Site.
iii. Finally, the Site must abstain from exhibiting or displaying Freemeteo Content in any medium that would hinder any user click through to Freemeteo, reference made indicatively and non – exclusively to any broadcast, interactive or cable television, telephone and DSL television services, radio, print publications and video on demand. The Site must abstain from placing competitive weather related sites or content nearby Freemeteo Content.
iv. The maximum number of banner feeds allowed per domain or blog is five (5). If Site exceeds this number Freemeteo will disable all Banner Feeds displayed on Site without warning.
II. Weather data feeds:
i.The Site shall publish Freemeteo Content on a single domain, subject to the monthly payment agreed for between the Parties. If Site wishes to publish Freemeteo Content on more than one domain, a specific agreement to that effect shall be reached between the Parties.
ii.The Site shall provide Freemeteo with the accurate domain where weather data is to be displayed.
iii.The Site shall indicate on every single page where Freemeteo Content is displayed, the source of the weather data and the link to the URL from which Freemeteo Content can directly be obtained (for example "Weather by ©"), unless a different written agreement is reached between the Parties. Paragraph 2-I-(iii) above is also applied.
- Ownership: You hereby acknowledge that Freemeteo is the sole owner of Freemeteo Content including any title, ownership rights, intellectual property rights and marks contained therein. Consequently, upon termination of this Agreement you must delete and/ or remove all copies of Freemeteo Content from the Site and all hard drives, networks and other storage media.
- Liability Disclaimer:
A. Freemeteo, its affiliates and its service providers do not guarantee that Freemeteo Content will be provided uninterrupted, error free or that any error will be corrected. Moreover, Freemeteo does not provide any form of guarantee as to the results obtained from Freemeteo Content, especially regarding to its accuracy or reliability.
B. Freemeteo Content is provided on an “as is” basis, without warranty of any kind, either express or implied, including without limitation any warranty for title, information, and any implied warranties of merchantability, fitness for a particular purpose, or non – infringement.
C.The information contained in Freemeteo Content shall not be construed as an advice or an incitement to perform or not a particular act. Freemeteo is not to be held liable for the interpretation given to the information contained therein, nor for the actions that you or the public in general decide to take following the information do they obtain through Freemeteo Content.
D. Freemeteo is not to be held liable for the content of the advertisements appearing in Freemeteo Content, nor for the content of any Site these advertisements redirect to.
- Site’s Content:
- Through the Site you may not suggest directly or indirectly that Freemeteo endorses or approves of its content.
- Site undertakes to serve Weather data feeds (xml or txt) to users from its own server after storing Freemeteo Content in its server and it shall not redirect the Content requests of its users directly to Freemeteo server. Freemeteo reserves the right to disable the Feed, permanently or temporarily, or completely cancel the Service, in case Site performs an excessive number of Content requests. Site should not request Content more than 100 times per any 24 hour period.
- You must not exhibit Freemeteo Content on sites displaying or promoting without exception:
A.Child pornography, or children, women or animal abuse, or linking to such sites.
B. Sites enticing or promoting hate or intolerance against any particular race, nationality, religion or lifestyle, or linking to such sites.
C. Sites enticing or promoting violence or criminal activity, or linking to such sites.
D. Sites enticing or promoting libellous or defamatory material or material in breach of third party intellectual property rights.
E. Sites enticing or promoting any illegal activity.
You remain solely responsible for the compliance of Freemeteo Content to the laws and regulations of your country.
- Limitation of Liability: To the maximum extent permitted by law, Freemeteo will not be held liable for: i) any special, indirect, incidental or consequential loss or damage or ii) loss of profit, loss of use, loss of opportunity, or any cost or damage resulting from that loss suffered or incurred by you arising out of or in connection with these provisions, or any other matter under this Agreement.
- Indemnification: You agree to defend, indemnify and hold harmless Freemeteo and its owner, employees, affiliates or agents against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including lawyer’s fees) arising out of any claim relating to the Site or to your use of Freemeteo Content.
- Changed terms: Freemeteo has the right at any time to change or modify the terms and conditions applicable to this Agreement, in part or in whole. Therefore, you are strongly advised to check this Agreement on a regular basis since, your use of Freemeteo Content following this change or modification shall be deemed to constitute your acceptance of such changes or modifications.
- Term and Termination: This Agreement begins once the financial terms are agreed upon between you and Freemeteo and shall terminate upon expiry of the duration period agreed upon by the Parties. You may terminate this Agreement for any reason, including but not limited to disagreement with the terms and conditions of this Agreement or any changes thereof on thirty (30) days prior written notice to Freemeteo. Your termination of this Agreement shall not entitle you to any refund of prepaid fees, if any. Freemeteo may terminate this Agreement at any time without liability and for any or no reason, and notably for non – payment of fees or your breach of any of the terms and conditions of this Agreement, without notice. If Freemeteo terminates this Agreement because of your breach, you will not be entitled to refund of any prepaid fees. In any other case of termination Freemeteo shall reimburse you by a pro rata refund of the monthly fee, if any. In the event of Termination clauses 2 “Payment”, 6 “Limitation of Liability, 7 “Indemnification”, 9 “Term and Termination”, 10 “Severability”, 13 “Entire Agreement”, and 14 “Governing Law and Jurisdiction” shall survive.
- Severability: If a clause of this Agreement becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any and all other clauses of this Agreement.
- Relationship between the Parties: Nothing in this Agreement is intended by the Parties to create or constitute a joint or collaborative venture, partnership, of any kind between them, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture, partnership or franchise between you and Freemeteo, its employees, agents or assigns.
- Assignment: The Parties may not assign novate or otherwise transfer their rights and/ or obligations under this Agreement to a third party without the other Party’s prior written consent, exception made to Freemeteo assigning, novating or otherwise transferring its rights and/ or obligations to an affiliate or to a purchaser of all or a part of Freemeteo’s assets.
- Entire Agreement: This Agreement together with the Parties’ agreement about the duration period and the economic terms constitute the entire agreement between the Parties and supersede all prior written or oral agreements with regard to such subject matter. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any precedent or subsequent breach or default. The section headings are inserted for convenience only and do not affect the interpretation of this Agreement.
- Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with Greek law and subject to the exclusive jurisdiction of the Courts of Athens, Greece.