THIS IS A SUMMARY OF SOME OF THE ISSUES RELATED TO THE WEATHER ENGINE SERVICE.
1.Clickaglobe Ltd offers a new service, whereby interested sites may incorporate free of charge, weather related content (feeds) in the form of a customizable micro site that can be hosted in their existing websites.
2.The feeds displayed as per above will embed third party advertisements that will appear at different locations of the micro site.
3.The interested sites are given the opportunity to earn revenue by placing up to 2 banner units on the pages displaying the weather micro site.
4.The interested sites must display only “family friendly” content.
5.The use of the new service is subject to several obligations of the interested sites as well as to limitations on the liability of Clickaglobe Ltd, both to be found in the Weather Engine Service Agreement.
YOU ARE STRONGLY ADVISED TO READ THE WEATHER ENGINE AGREEMENT BEFORE YOU DECIDE TO PROCEED WITH THE WEATHER ENGINE SERVICE AS BY PROVIDING THE WEATHER ENGINE SERVICE YOU ARE DEEMED TO HAVE ACCEPTED, ADHERED TO AND BY BOUND BY THE WEATHER ENGINE SERVICE AGREEMENT.
WEATHER ENGINE SERVICE AGREEMENT
PLEASE READ THESE TERMS CAREFULLY PRIOR TO ACCEPTING THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU AGREE TO ADHERE TO AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS, YOU ARE REQUIRED NOT TO ACCEPT THIS AGREEMENT
1.1.Clickaglobe Ltd offers a new service, whereby interested sites may incorporate free of charge, weather related content (the “Freemeteo Feeds”) in the form of a customizable micro site (the “Freemeteo Micro Site”) that can be hosted in their existing websites (the “Weather Engine Service”). In order for the interested sites to make use of the Weather Engine, Clickaglobe Ltd shall, upon relevant request, provide to such interested sites (hereinafter referred to as the “Host Site” or the “Host Sites”) the source code of the Weather Engine Service (the “Source Code”), that when included in the source code of the Host Site, will produce the Freemeteo Micro Site that will display Freemeteo Feeds and enable visitors of the Host Site to navigate between the various available Freemeteo Feeds.
1.2.The Host Site owner will be given the opportunity to apply a number of standardized customizations on the Freemeteo Micro Site’s general appearance, style, and filter the Freemeteo Feeds in order to match the general appearance, style and content requirements of the Host Site. Clickaglobe Ltd will then deliver the Host Site owner the customized Source Code that can be inserted in the Host Site to enable the Weather Engine Service.
1.3.The Freemeteo Feeds displayed by the Freemeteo Micro Site will embed third party advertisements that will appear at different locations of the Freemeteo Micro Site. The frequency and location of the advertisements appearance in the space belonging to the Freemeteo Micro Site will remain at the absolute discretion of Clickaglobe Ltd.
1.4.The Host Sites that will elect to offer the Weather Engine on their web pages, will be sufficiently remunerated for that hosting by the satisfaction rendered to their page visitors from viewing live and up to date weather information and content, and shall not be entitled to any further fee including any revenue share from advertising revenues from the advertisements appearing on the Freemeteo Micro Site.
2.1.Subject to the terms and conditions of this Weather Engine Service agreement (hereinafter referred to as the “Agreement”) Clickaglobe Ltd grants to the Host Site (Clickaglobe Ltd and the Host Site hereinafter referred to collectively as the “Parties” or individually as the “Party”) a non-transferable, non-sub-licensable, non-exclusive license to display the Freemeteo Feeds exclusively on its own website.
2.2.The Freemeteo Feeds are provided on an “as is” and as “is available” basis. Clickaglobe Ltd hereby reserves absolute editorial control over the Freemeteo Feeds. Moreover, Clickaglobe Ltd shall remain editorially independent at all times. The Host Site may not alter, modify, add, delete nor in any way intervene in the Freemeteo Source Code and/ or the Freemeteo Feeds. Moreover, the Host Site may not produce any derivative works of the Freemeteo Feeds.
3.Host Site Obligations:
3.1.The Host Site undertakes to use the Freemeteo Feeds solely for the purposes of online publishing and shall abstain from exploiting the Freemeteo Feeds in a commercial or other way as for instance, indicatively and not extensively by sending e-mail, 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.
3.2.The Host Sites undertake the obligation not to place more than two (2) advertising banners in each webpage where the Freemeteo Feeds are published.
3.3.The Host Sites undertake the obligation to place the Freemeteo Micro Site on the upper part of their web pages in order for the Freemeteo Micro Site to be directly visible by the Host Sites’ visitors without the need for them to scroll down the page.
3.4.The Host Sites may not suggest directly or indirectly, through its websites that Clickaglobe Ltd endorses or approves of the Host Sites’ content.
3.5.The Host Sites must not exhibit the Freemeteo Feeds 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.
The Host Sites remain solely responsible for the compliance of the Freemeteo Feeds to the laws and regulations of their country.
3.6.The owners of the Host Sites shall comply with the Program Policies of Google AdSense to be found at:
For the avoidance of any doubt, the Host Sites shall not be entitled to any payment from Clickaglobe Ltd for hosting the Freemeteo Micro Site to their web pages and for their use of the Weather Engine whatsoever.
5.Changes to the Source Code
Clickaglobe Ltd expressly reserves the right to change the Source Code at anytime, and notify the Host Site’s owner to update the copy of the Source Code that has been included in the Host Site.
Clickaglobe Ltd expressly reserves the right to record the IP addresses of the Host Sites’ visitors that visit the Freemeteo Micro Site for statistic purposes only.
The Host Site hereby acknowledge that Clickaglobe Ltd is the sole owner of the Source Code, the Freemeteo Feeds and the Freemeteo Micro Site in general, including any title, ownership rights, intellectual property rights and marks contained therein. Consequently, upon termination of this Agreement the Host Site must delete and/ or remove all copies of the Source Code and the Freemeteo Feeds from the Host Site and all hard drives, networks and other storage media.
A.Clickaglobe Ltd, its affiliates and its service providers do not guarantee that the Freemeteo Micro Site will be provided uninterrupted, error free or that any error will be corrected. Moreover, Clickaglobe Ltd does not provide any form of guarantee as to the results obtained from the Freemeteo Feeds, especially regarding to their accuracy or reliability.
B.The Source Code is inserted at the Host Sites at their own risk, and Clickaglobe Ltd cannot be held liable for any damages, problems or claims caused by the Source Code insertion in the Host Sites’ own code. This limitation of liability extends to and includes any damage arising from any material posted in Freemeteo Micro Site and inserted in the Host Sites’ own code.
C.The Freemeteo Feeds are 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.
D.The information contained in the Freemeteo Feeds shall not be construed as an advice or an incitement to perform or not a particular act. Clickaglobe Ltd is not to be held liable for the interpretation given to the information contained therein, nor for the actions that the Host Site or the public in general decide to take following the information they obtain through the Freemeteo Feeds.
E.Clickaglobe Ltd is not to be held liable for the content of the advertisements appearing in the Freemeteo Micro Site and/ or in the Host Site, nor for the content of any site such advertisements redirect to.
9.Limitation of Liability:
To the maximum extent permitted by law, Clickaglobe Ltd 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 the Host Site arising out of or in connection with these provisions, or any other matter under this Agreement.
The Host Sites agree to defend, indemnify and hold harmless Clickaglobe Ltd and its members, 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 Host Sites or to their use of the Freemeteo Micro Site and of the Weather Engine in general.
Clickaglobe Ltd has the right at any time to change or modify the terms and conditions applicable to this Agreement, in part or in whole. Therefore, the Host Sites are strongly advised to check this Agreement on a regular basis since, the Host Sites’ use of the Freemeteo Feeds and/ or of the Weather Engine following such change or modification shall be deemed to constitute the Host Sites’ acceptance of such changes or modifications.
12.Term and Termination:
This Agreement begins upon the date the Freemeteo Micro Site code has been inserted within the Host Site code and published on the internet and shall terminate at any time without liability for any and no reason i) by the Host Site by removing the Freemeteo Micro Site from its web pages and a version of the Host Site that does not include the Freemeteo Micro Site is published on the internet, or ii) by Clickaglobe Ltd by discontinuing the provision of the Freemeteo Feeds to the Host Site. In the event of Termination clauses 4 “Payment”, 9 “Limitation of Liability, 10 “Indemnification”, 12 “Term and Termination”, 14 “Severability”, 17 “Entire Agreement”, and 18 “Governing Law and Jurisdiction” shall survive.
Sites that wish to communicate with Clickaglobe Ltd in relation to the Weather Engine Service shall complete the communication form to be found at: http://www.freemeteo.com/default.asp?pid=208&la=1
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.
15.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 the Host Sites and Clickaglobe Ltd, its employees, agents or assigns.
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 Clickaglobe Ltd. assigning, novating or otherwise transferring its rights and/ or obligations to an affiliate or to a purchaser of all or a part of its assets.
This Agreement constitutes 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.
18.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.
The language of this Agreement is English. In case of conflict between the English text and any translation thereof, the English version shall prevail.