Photo Info
What Wunderground says
THE WEATHER UNDERGROUND, INC. ("WUI") has established the web site
"www.wunderground.com" (the "Photo Gallery") to receive
weather-related photo images (the "Images") from individuals (the
"Image Authors") and to display and make those Images available to
visitors to the web site (the "Image Viewers"). This PHOTO GALLERY
AGREEMENT (the "Agreement") confirms the terms and conditions upon
which an Image Author may submit Images to the Photo Gallery and the terms and
conditions upon which an Image Viewer may use Images taken from the Photo
Gallery.
BEFORE ACCESSING THE PHOTO GALLERY, CAREFULLY READ THE TERMS AND CONDITIONS
OF THIS AGREEMENT. BY SUBMITTING IMAGES OR CLICKING ON THE "I ACCEPT"
BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS
AGREEMENT AND THOSE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO ALL
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT OR ACCESS IMAGES IN
THE PHOTO GALLERY.
- Images. All Images submitted to the Photo Gallery must be weather-related.
WUI will have complete discretion as to whether and how long an Image is
displayed in the Photo Gallery. WUI reserves the right to alter any Image
submitted for the Photo Gallery.
- Agreements of Image Authors. An Image Author has
the right from at any time to submit one or more Images for display in the
Photo Gallery. By submitting an Image to the Photo Gallery, the Image Author
grants to WUI a perpetual non-exclusive, royalty-free and irrevocable right
to place that Image in the Photo Gallery and to use, reproduce, copy,
publish, display, distribute, adapt, modify or otherwise exploit that Image
and to incorporate that Image in other works and to sell, license or
otherwise commercially utilize that Image. By submitting an Image to the
Photo Gallery, the Image Author warrants to WUI that: the Image Author has
read and is bound by the terms of this Agreement; the Image Author is at
least 18 years old and is a photographer; the Image Author owns and has the
legal right to submit the Image to the Photo Gallery and to grant to WUI the
rights to the Image described in this Agreement; the Image Author has
obtained all required releases from any persons who are recognizable in the
Image and from any persons who have provided any materials appearing in the
Image; WUI's copying, publishing, displaying or otherwise utilizing the
Image will not infringe upon the rights of any other party; the Image Author
waives any rights of attribution, integrity or otherwise with respect to
WUI's copying, publishing, displaying or otherwise utilizing the Image; the
Image Author agrees that WUI may use the Image Author's name in publicity or
advertising of the Image without compensation to the Image Author; and the
Image Author recognizes that WUI has no liability for any unauthorized use
of the Image by third parties.
- Agreements of Image Viewers. An Image Viewer has
the right at any time to access, view, store or reproduce any Image
displayed in the Photo Gallery for that Image Viewer's personal use. An
Image Viewer may not, however, publish, display, sell, license or otherwise
commercially utilize any Image obtained from the Photo Gallery or
incorporate that Image in any other works. The Image Viewer acknowledges
that WUI is not responsible for the content of any Images and will not be
responsible if the Image Author who submitted an Image to the Photo Gallery
was not authorized to do so. An Image Viewer may rate the quality of
Images. However, an Image Viewer may only submit one rating per Image.
- Indemnification. Each individual accessing the
Photo Gallery (whether as an Image Author or an Image Viewer) will indemnify
and hold WUI harmless from any loss, liability, damage or expense (including
attorney fees) suffered or incurred by WUI as a result of a breach of
his/her warranties or commitments in this Agreement.
- Discontinuance or Change of Photo Gallery. WUI
reserves the right, in its discretion, to modify or discontinue the Photo
Gallery at any time for any reason.
- Modification of Terms and Conditions. WUI
reserves the right, in its discretion, to modify the terms and conditions of
this Agreement at any time by posting such modifications in the Photo
Gallery. Any Image Author who thereafter submits an Image to the Photo
Gallery and any Image Viewer who thereafter accesses the Photo Gallery to
view Images will be bound by such posted modifications.
- Applicable Law Jurisdiction. This Agreement is
being made under and will be interpreted in accordance with the laws of the
State of Michigan. The exclusive jurisdiction and venue for any action to
interpret or enforce the terms of this Agreement shall be a State or Federal
Court in the State of Michigan and WUI and each Image Author and each Image
Viewer expressly consents to that exclusive jurisdiction and venue.