Terms of Use

Date of Last Revision: February 26, 2024

Welcome to WeatherTomorrow, a weather platform designed to facilitate connections between you, your business, and your local community. WeatherTomorrow, provided by Weather-Tomorrow.In and its affiliates (referred to as "us," "we," or "the Company"), offers a range of services and a network (referred to as "WeatherTomorrow" or "the Service"). By accessing our website at www.WeatherTomorrow.in or its mobile version (collectively referred to as the "Site"), or by integrating a Share Button on your own site, you (referred to as the "User") acknowledge that you have read, understood, and agree to comply with these Terms of Use ("Terms of Use" or "Agreement"), regardless of whether you are a registered member of WeatherTomorrow.

We reserve the right, at our discretion, to modify, add, or remove sections of these Terms of Use without prior notice. Any changes will be posted on this page, with the date of the latest revision indicated at the top. Your continued use of the Service or the Site following any such modifications constitutes acceptance of the updated Terms of Use. If you do not agree to these or any future Terms of Use, refrain from using or accessing the Service or the Site. It is your responsibility to regularly check the Site for updates to the Terms of Use and to review them accordingly.

KINDLY TAKE THE TIME TO CAREFULLY READ THESE TERMS OF USE, AS THEY CONTAIN SIGNIFICANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND RESPONSIBILITIES. THIS ENCOMPASSES VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A DISPUTE RESOLUTION CLAUSE OUTLINING THE PROCESS FOR RESOLVING DISPUTES.

Registration Data; Account Security

By using the Site, you agree to the following terms: (a) furnish accurate, up-to-date, and complete information about yourself as requested in any registration forms on the Site ("Registration Data"); (b) safeguard the security of your password and account identification; (c) ensure the Registration Data and any other information provided to the Company remain accurate, current, and complete by promptly updating them; and (d) take full responsibility for all activities conducted under your account and for any actions carried out using your account.

Proprietary Rights in Site Content; Limited License

All content provided on the Site and accessible through the Service, including but not limited to designs, text, graphics, images, videos, information, applications, software, music, sounds, and other files, as well as their arrangement and selection (referred to as the "Site Content"), are the exclusive property of the Company, its users, or its licensors, with all rights reserved. No part of the Site Content may be reproduced, modified, distributed, framed, republished, downloaded, displayed, posted, transmitted, or sold, in whole or in part, without prior written consent from the Company, except for your own User Content (as defined below) that you legally upload to the Site.

If you are eligible to use the Site, you are granted a limited license to access and utilize the Site and its Content. You may download or print a copy of any portion of the Site Content for your personal, non-commercial use, provided that you retain all copyright and proprietary notices intact. However, except for your User Content, you are prohibited from uploading or republishing Site Content on any Internet, Intranet, or Extranet site, or incorporating it into any other database or compilation. Any other use of the Site Content is strictly forbidden. This license is subject to the terms outlined in these Terms of Use and does not include the use of data mining, robots, or similar data gathering methods.

Any use of the Site or its Content beyond what is explicitly authorized herein, without prior written permission from the Company, is strictly prohibited and will result in the termination of the granted license. Such unauthorized use may also constitute a violation of applicable laws, including copyright and trademark laws, as well as relevant communications regulations and statutes. Unless expressly stated otherwise herein, these Terms of Use do not grant any license to intellectual property rights, whether through estoppel, implication, or otherwise. The Company reserves the right to revoke this license at any time, with or without cause, and without prior notice.

Trademarks

The graphics, logos, designs, page headers, button icons, scripts, and service names associated with WeatherTomorrow and other Company properties are either registered trademarks, pending trademarks, or trade dress of the Company in the India and/or other countries. These trademarks and trade dress of the Company may not be utilized, including as components of trademarks or domain names, in a manner that could cause confusion regarding products or services. They may not be copied, imitated, or used, either in their entirety or in part, without prior written consent from the Company.

User Conduct

You affirm, guarantee, and agree that no materials submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights. Furthermore, these materials will not contain any libelous, defamatory, or otherwise unlawful content.

• Using the Service or the Site in any unlawful manner or in a way that could harm, disable, overload, or impair the Site;
• Employing automated scripts to gather information from or interact with the Service or the Site;
• Uploading, posting, transmitting, sharing, storing, or otherwise making available any content deemed harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
• Sharing videos on the Site that do not depict your establishment and were not created through the Company’s live webcam service, or those of a personal nature that: (i) feature you or your friends, (ii) are taken by you or your friends, or (iii) consist of original art or animation created by you or your friends;
• Registering for multiple User accounts or creating a User account on behalf of someone else or another entity;
• Impersonating any individual or entity, or providing false information about yourself, your age, or your affiliation with any person or entity;
• Sharing private information of any third party on the Site, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
• Posting material containing software viruses or any other computer code, files, or programs intended to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Intimidating or harassing others;
• Sharing content that could encourage or instruct in criminal activities, violate the rights of any party, or create liability or breach any local, state, national, or international law;
• Attempting to use another individual's account, service, or system without authorization from the Company, or creating a false identity on the Service or the Site;
• Sharing content that, according to the sole judgment of the Company, is objectionable or that hampers or prevents others from using or enjoying the Site, or that may expose the Company or its users to any form of harm or liability.

User Content Posted on the Site

You are solely accountable for the content you upload, publish, or display (referred to as "post") on or through the Service or the Site, including photos, profiles (such as your name, image, and likeness), messages, notes, text, information, music, videos, advertisements, listings, and any other material (collectively referred to as "User Content"). You must not post, transmit, or share User Content on the Site or Service that you did not create or do not have permission to post. You acknowledge and agree that the Company reserves the right, but is not obligated, to review the Site and may delete or remove (without notice) any Site Content or User Content at its sole discretion, for any reason or no reason, including User Content that, in the Company's sole judgment, violates this Agreement, or is offensive, illegal, or may infringe upon the rights, harm, or threaten the safety of users or others. You are solely responsible, at your own cost and expense, for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize and instruct us to make any copies necessary to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or its promotion, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. WeatherTomorrow does not claim any ownership over your User Content; instead, you retain full ownership of all your User Content and any associated intellectual property rights or other proprietary rights, subject to the rights granted to us in these Terms.

WeatherTomorrow Mobile Services

The Service provides several features accessible via your mobile phone, including: (i) uploading content to WeatherTomorrow, (ii) receiving and responding to WeatherTomorrow messages, making posts via text messaging (Mobile Texts), (iii) browsing WeatherTomorrow from your mobile phone (Mobile Web), and (iv) accessing specific WeatherTomorrow features through a downloaded and installed mobile application (Mobile Client) (collectively referred to as the "Mobile Services"). There are no charges for these Mobile Services; however, standard messaging, data, and other rates and fees from your carrier will still apply. It's advisable to consult with your carrier to understand available plans and associated costs. Moreover, certain Mobile Services may be restricted or prohibited by your carrier, and compatibility with all carriers or devices is not guaranteed. Therefore, it's recommended to verify with your carrier whether the Mobile Services are compatible with your mobile device and to inquire about any applicable restrictions.

By using the Mobile Services, you consent to receiving communications regarding WeatherTomorrow and other entities via SMS, MMS, text message, or other electronic means to your mobile device, and acknowledge that certain usage information of the Mobile Services may be transmitted to us. If you change or deactivate your mobile telephone number, you agree to promptly update your WeatherTomorrow account information to prevent your messages from being sent to the new holder of your old number.

Copyright Complaints

We uphold the intellectual property rights of others and prohibit users from uploading, posting, or transmitting any materials on the WeatherTomorrow website or service that infringe upon the intellectual property rights of another party. Upon receiving a valid Notification of Alleged Copyright Infringement, as outlined in our WeatherTomorrow Copyright Policy, we promptly remove or disable access to the allegedly infringing material and take appropriate action, including terminating the accounts of repeat infringers, in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon a copyright which you own or control, you may submit a written notification of such infringement to our Designated Agent. For further details on reporting copyright infringement, please refer to our WeatherTomorrow Copyright Policy.

Repeat Infringer Policy

In compliance with the Digital Millennium Copyright Act (DMCA) and other relevant laws, the Company has implemented a policy of terminating, at its sole discretion and under appropriate circumstances, members identified as repeat infringers. Additionally, the Company reserves the right, at its sole discretion, to restrict access to the Site and/or terminate the memberships of any users found to infringe upon the intellectual property rights of others, regardless of whether such infringement is repeated.

Third Party Websites and Content

The Site may contain links to other websites ("Third Party Sites") and may also feature articles, photographs, text, graphics, designs, music, sound, video, applications, software, and other content or items originating from third parties ("Third Party Applications, Software, or Content"). These Third Party Sites and Third Party Applications, Software, or Content are not scrutinized, monitored, or verified for accuracy, suitability, or completeness by us, and we bear no responsibility for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained within the Third Party Sites or the Third Party Applications, Software, or Content. The inclusion of, linking to, or permission for the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply our approval or endorsement thereof.

If you choose to leave the Site and access the Third Party Sites or use or install any Third Party Applications, Software, or Content, you do so at your own risk. You should be aware that our terms and policies no longer apply in such instances. It is recommended that you review the applicable terms and policies, including privacy and data gathering practices, of any site you visit from the Site or in connection with any applications you utilize or install from the site.

Share Service

The Company provides a feature on the Site known as the "Share Service," allowing users to share videos, articles, and other Third Party Applications, Software, or Content from, and/or links to, Third Party Sites with others or on their own member profile. You acknowledge and agree that your utilization of the Share Service, as well as all links, User Content, or Third Party Applications, Software, or Content shared through the Share Service, is subject to and must fully comply with the user conduct rules outlined above and the additional terms and conditions specified in these Terms of Use.

Use of Share Links by Online Content Providers

Subject to the terms and conditions outlined in these Terms of Use, Third Party Sites that meet the specified criteria below are permitted to place a Share Link (as defined below), in the format approved by the Company, on their web pages to facilitate the use of the Share Service. A Third Party Site that embeds a Share Link on its website is herein referred to as an "Online Content Provider" and must adhere to and be bound by the relevant sections of these Terms of Use. A "Share Link" constitutes a button and/or text link displayed on an Online Content Provider's webpage that, when clicked by a user, enables the launch of a sharing mechanism through which users can share links and content from that page with others or post it to their own member profile.

If the Share Link comprises a button featuring icons, graphic images, trademarks, or other proprietary materials of the Company, the Online Content Provider is granted permission to use such materials solely for the purpose of placing the Share Link on their site and solely in the current form provided by the Company. If the Share Link is a text link, it must incorporate the term "WeatherTomorrow" within the link. The rights granted in this paragraph may be revoked by the Company at its discretion, with or without cause, and upon such termination, the Online Content Provider agrees to promptly remove all Share Links from their site.

For an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that, if shared or posted by a user, would contravene the user conduct rules outlined above. Furthermore, the Online Content Provider warrants not to post a Share Link on any website containing, or represent and warrant that such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights, or that may expose the Company or its users to any form of harm or liability. Upon adding a Share Link, the Online Content Provider agrees to defend, indemnify, and hold harmless the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees from any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising from or relating to such Share Link, any links, content, or other items or materials shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.

By incorporating a Share Link, the Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links, and other materials of any kind residing on any web pages on which the Online Content Provider places the Share Link.

WeatherTomorrow Pages

WeatherTomorrow Pages are specialized profiles intended solely for commercial, political, or charitable purposes. You are prohibited from creating a WeatherTomorrow Page on behalf of another individual or entity unless you have explicit authorization to do so. This prohibition extends to fan WeatherTomorrow Pages, as well as WeatherTomorrow Pages established to endorse or critique another individual or entity.

WEATHERTOMORROW DOES NOT PRE-SCREEN OR APPROVE WEATHERTOMORROW PAGES, AND CANNOT ENSURE THAT A WEATHERTOMORROW PAGE WAS CREATED AND IS OPERATED BY THE INDIVIDUAL OR ENTITY REFERENCED ON THE PAGE. WEATHERTOMORROW IS ALSO NOT LIABLE FOR THE CONTENT OF ANY WEATHERTOMORROW PAGE OR ANY TRANSACTIONS OR ACTIONS TAKEN ON OR IN CONNECTION WITH ANY WEATHERTOMORROW PAGE. THIS INCLUDES HOW THE OWNER OF THE WEATHERTOMORROW PAGE COLLECTS, HANDLES, USES, AND SHARES ANY PERSONAL INFORMATION OBTAINED FROM USERS (PLEASE REFER TO THE WEATHERTOMORROW PRIVACY POLICY FOR INQUIRIES OR CONCERNS ABOUT THE USE OR SHARING OF YOUR PERSONAL INFORMATION). IT IS ADVISABLE TO EXERCISE CAUTION BEFORE PROVIDING ANY PERSONAL INFORMATION OR ENGAGING IN TRANSACTIONS RELATED TO A WEATHERTOMORROW PAGE.

Terms of Sale

Kindly consult our Terms of Sale for the terms, conditions, and policies governing your acquisition of products or services from the Company. By purchasing products or services from the Company through the Site, you consent to abide by and acknowledge the Terms of Sale. These Terms of Sale may undergo modifications without advance notice at any moment, at the Company's sole discretion, hence it is advisable to review them each time you make a purchase.

Disclaimers

The Company bears no responsibility or liability for any User Content or Third Party Applications, Software, or Content posted on the Site or associated with the Service, whether by users of the Site, WeatherTomorrow, third parties, or any equipment or programming utilized on the Site or the Service. While we establish guidelines for user conduct and postings, we do not exercise control over, and thus are not accountable for, the content users post, transmit, or share on the Site. Additionally, we disclaim responsibility for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content encountered on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company does not assume liability for the behavior, whether online or offline, of any Site or Service user.

Periodically, the Site and the Service may be unavailable due to maintenance or other reasons. The Company assumes no liability for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, or unauthorized access to User communications. We are not accountable for any technical malfunction or other issues affecting telephone networks or services, computer systems, servers or providers, computer or mobile phone equipment, software, email failures, or players due to technical problems or Internet traffic congestion, including any harm or damage to User's or any other person's computer, mobile phone, or other hardware or software, linked to or resulting from the use or download of materials in connection with the Web, the Service, or any Mobile Client software. Under no circumstances will the Company be liable for any loss or damage, including loss or damage to User Content, personal injury, or death, resulting from anyone's use of the Site or the Service, User Content, or Third Party Applications, Software, or Content posted on or through the Site or the Service, transmitted to Users, or any interactions between Site users, whether online or offline.

THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, SHARE SERVICE, AND MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS, AND THE SITE CONTENT ARE PROVIDED "AS IS," AND THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE, THE SERVICE, OR ANY PLATFORM APPLICATIONS. WE DO NOT WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS ON THE SITE, THE SERVICE, OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE SITE, SERVICE, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THUS, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF SUCH SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM RESULTING THEREFROM.

The Company reserves the right to modify any and all content, software, and other items used or contained on the Site, as well as any Services and Platform Applications offered through the Site, at any time without prior notice. Any reference to products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF ANYTHING TO THE CONTRARY STATED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. HOWEVER, IN NO EVENT SHALL COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Termination

The Company reserves the right to terminate your membership, remove your profile, and delete any content or information you have posted on the Site or through any Platform Application. Additionally, the Company may prohibit you from using or accessing the Service, the Site, or any Platform Application (or any part thereof) for any reason, or no reason, at its sole discretion, with or without notice. This includes instances where it believes you are under 13 years of age, or under 18 and not enrolled in high school or college. In the event of a user's death, we may, but are not obliged to, maintain the user's account under a special memorialized status for a period determined by us, allowing other users to post and view comments.

Governing Law; Venue and Jurisdiction

By accessing or using the Site and/or the Service, you hereby consent to the laws of the India governing these Terms of Use and any potential disputes between you and the Company or any of our affiliates, without regard to conflict of laws principles. In relation to any disputes or claims not subject to arbitration (as detailed below), you agree to exclusively initiate or pursue legal actions related thereto in the state and federal courts of India. Furthermore, you hereby waive any defenses regarding lack of personal jurisdiction and forum non conveniens, and consent to the jurisdiction and venue of the state and federal courts of India.

Arbitration

YOU AND COMPANY AGREE THAT, UNLESS OTHERWISE STATED IN SPECIFIC TERMS APPLICABLE TO CERTAIN SERVICES ON THE SITE, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ALL DISPUTES AND CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF USE, THE SITE, AND/OR THE SERVICE (INCLUDING YOUR USE OF THE SITE AND/OR THE SERVICE) SHALL BE BINDING ARBITRATION. However, this provision does not apply: (a) if either party has infringed upon the other party's patent, copyright, trademark, or trade secret rights, or has violated any of the user conduct rules specified above, in which case injunctive or other appropriate relief may be sought; and (b) to disputes or claims arising from transactions with third parties through the WeatherTomorrow Marketplace, which may not be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, for consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (collectively the "AAA Rules"). The location of the arbitration and allocation of costs and fees shall be determined in accordance with the AAA Rules, and shall be subject to the limitations provided in the AAA Consumer Rules for consumer disputes. If arbitration costs are deemed excessive in a consumer dispute, the Company will cover all arbitration fees and arbitrator compensation beyond what is considered reasonable. The arbitrator's decision shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the maximum extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR CLAIM, INCLUDING THOSE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND CLASS ARBITRATION PROCEEDINGS SHALL NOT BE ALLOWED. Furthermore, any claim, action, or proceeding related to the Site and/or the Service (including your use of the Site and/or the Service) must be initiated within three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, directors, officers, agents, contractors, partners, and employees from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising from or related to any User Content you post or share on the Site (including through the Share Service), any Third Party Applications, Software, or Content you use or share on or through the Site, your use of the Service or the Site, your conduct with other users of the Service or the Site, or any violation of this Agreement or any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Service ("Submissions"), provided by you to the Company, are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless specifically stated otherwise, terms such as "includes", "including", "e.g.," "for example", and similar terms are understood to incorporate the term "without limitation" immediately afterward. Terms capitalized within these Terms will carry the meanings assigned to them in these Terms.

Other

These Terms of Use represent the entire agreement between you and the Company concerning the use of the Site and/or the Service, overriding any previous agreements between you and the Company regarding your use of the Site or the Service. The Company's failure to enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision in that instance or any other. In the event that any provision of this Agreement is deemed invalid, the remaining provisions shall remain in full force and effect. If any provision of these Terms of Use is considered unlawful, void, or unenforceable for any reason, such provision shall be deemed separable from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions.