Effective Date: August 20, 2023
These Terms of Use (“Terms”) govern your access to and use of the WhatTemperature.net website (the “Site”) and any content, functionality, products, and services offered on or through the Site (collectively the “Services”). The Terms constitute a legally binding agreement between you and WhatTemperature.net regarding your use of the Site and Services.
Acceptance of Terms
By accessing or using the Site or Services, you signify that you have read, understood, and agree to be bound by these Terms and any future amendments. If you do not agree with these Terms, you are not granted permission to access or use the Site or Services.
Site Access and Use
Subject to your compliance with these Terms, WhatTemperature.net grants you a limited, personal, non-exclusive, non-transferable, freely revocable license to use and access the Site and Services solely for your own lawful purposes.
Restrictions
You agree not to: (a) copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site or Services, except to: (i) store files on your computer for your personal, non-commercial use only; or (ii) bookmark Site pages for your own reference; (b) utilize any data mining, robots, or similar data gathering methods on the Site or Services; (c) damage, disable, overburden, or impair the Site or Services; (d) use any meta tags or other hidden text utilizing the WhatTemperature.net name or trademarks; or (e) circumvent any access or use restrictions put into place to prevent certain uses of the Site or Services.
Intellectual Property
The Site and Services contain material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of WhatTemperature.net (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Site, Services, or Content, and you will not use the Site, Services, or Content except as permitted under these Terms. No other use is permitted without our prior written consent.
User Content
If you submit, post, upload, transmit, or otherwise make available any text, images, audio, video, or other content (“User Content”) on or through the Site or Services, you grant WhatTemperature.net a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, create derivative works of, publicly display, publicly perform, distribute, store, and reproduce that User Content in any form, medium, or technology, whether now known or hereafter developed, for any purpose, including commercial purposes. You represent and warrant you have all rights necessary to grant us this license.
We do not control User Content submitted by you or other users and do not guarantee the accuracy, quality, or integrity of any User Content. You understand that by using the Site and Services you may be exposed to User Content that is offensive or illegal and you access the Site and Services at your own risk. We have no liability arising from your access to or use of any User Content.
Your Account
You are responsible for safeguarding the password associated with any account you use to access the Site or Services. Do not disclose your password to any third party. If you believe your account has been compromised, contact us immediately.
Your account is solely for your personal, non-commercial use. You may not authorize others to use your account, and you may not assign or transfer your account to any other person or entity.
Your Interactions with Other Users
You are solely responsible for your interactions with other users of the Site or Services. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and good judgment when interacting with others. Do not threaten or abuse others.
Disclaimers
THE SITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHATEMPERATURE.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHATEMPERATURE.NET MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR ERROR FREE. YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.
Limitation of Liability
WHATEMPERATURE.NET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, SERVICES, OR CONTENT INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless WhatTemperature.net from any claims, damages, liabilities, costs, and expenses arising from your use of the Site, Services, or Content or your violation of these Terms. WhatTemperature.net reserves the right to assume exclusive defense and control of any matter subject to indemnification by you.
Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of [Your State] without regard to conflict of law principles. Any disputes relating to these Terms or your access to or use of the Site or Services will be subject to the exclusive jurisdiction of the state and federal courts in the State of [Your State].
Termination
WhatTemperature.net may terminate your access and use of the Site, Services, or Content at any time and for any reason. The restrictions, indemnification, disclaimers of warranties, and limitations of liability will survive termination of these Terms.
General Provisions
These Terms constitute the entire agreement between you and WhatTemperature.net relating to their subject matter and supersede any prior understandings or agreements.
A printed copy of these Terms will be admissible in judicial or administrative proceedings. If any provision is determined to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions. No waiver by WhatTemperature.net of any breach or default under these Terms will constitute a waiver of any subsequent breach or default. No agency, partnership, joint venture, or employment relationship is created by these Terms. Headings are included for convenience only and will not affect interpretation of these Terms.
Changes to Terms
We may make changes to these Terms from time to time. If we make material changes, we will provide you notice through the Services or by other means. Your continued use of the Services after any changes becomes effective constitutes your binding acceptance of the updated Terms.
Contact Us
If you have any questions about these Terms, please contact us at:
WhatTemperature.net
5095 Bennington Dr
Saginaw, Michigan 48603
(989) 793-1008
United States
[email protected]