VIRUSWEATHER WIDGET TERMS OF SERVICE
Updated: June 2, 2020
I. AGREEMENT TO TERMS
By using the VirusWeather Widget (“Widget”), you are entering into a legally binding agreement (“Agreement”) with Data Subsystems, Inc., (“DataSub”) registered owner of Cases.app, Markosweb.com, Virusweather.com. This agreement incorporates provisions which: (i) allows your use of Widget under certain terms and conditions, (ii) clarifies that your use of the Widget does not in any way create a partnership relationship with DataSub, (iii) that expressly prohibits you from directly monetizing your use of the Widget, and (4) allows DataSub to terminate this Agreement and your use of the Widget at any time.
By downloading Widget, you agree to bound by the terms of this Agreement. As an express requirement for using Widget, you agree to link to https://CASES.APP. If you are entering into this Agreement on behalf of a company or entity, you represent that you have authority to bind the entity and/or its affiliates to this Agreement, as such the terms “you” or “your” shall refer to such entity and/or its affiliates. If you do not have authority, or if you do not agree with the terms of this Agreement, you are strictly prohibited from downloading or use any of our widgets.
We encourage you to carefully read this Agreement before proceeding to download Widget. By downloading Widget, you acknowledge that you have fully read and understood this Agreement and that you agree to be bound by all of its provisions.
II. WIDGET AND WIDGET CONTENT
Widgets is a tool that you may place on your website, which allows your website visitors to access and view specific content on Widget. You agree that Widget may display DataSub logos, search boxes that link to information located on third party websites (“Content”). The Widget includes the Content, as well as all software files or images incorporated in, or generated by, Widget, and any and all data and html embedded code that accompanies Widget, and any upgrades, enhancements or modifications to such software and code. DataSub retains all ownership and other rights in Widget, the style of Content, and all DataSub logos and trademarks. You acknowledge and agree that DataSub may use server logs in particular for referring urls and website visitors IP addresses, as tools for analyzing data or information resulting from use of Widget by you and your website visitors. If you object to any of these terms, your only recourse is to discontinue use of Widget and the removal of Widget from your website.
Conditioned upon your compliance with this Agreement, DataSub hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display Widget on a website for which you have proper authorization (“Website”) as permitted by this Agreement. You are not licensed to use Widget for any other purpose, and nothing in this Agreement shall be deemed to grant you any right, title or interest in Widget.
IV. Use Restrictions
Your license is subject to the following restrictions on use: (i) you may not decompile, reverse engineer, disassemble, modify, embed, rent, lease, loan, distribute, or create derivative works or improvements from Widget or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Widget; (ii) you may not obtain or attempt to obtain unauthorized access to DataSub’s network(s); (iii) you may not incorporate Widget into any hardware or software device that you are not authorized to use or otherwise modify; (iv) you may not use, export, or re-export Widget in violation of any applicable laws or regulations; (v) you may not sell, lease, loan, distribute, transfer, or sublicense Widget or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without DataSub’s prior, express, written permission; (vi) you may not obscure or disable any element of Widget; (vii) you may not display Widget in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by DataSub; (viii) you may not display Widget on any site that disparages DataSub, its products or services, infringes any DataSub’s intellectual property or other rights, or violates any applicable law; (ix) you may not place Widget on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by DataSub in its sole discretion; (x) you may not use Widget in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; and (xi) you may not use Widget for any enterprise, commercial, personal, or other purposes for which Widget was not designed. Subject to the express provisions of this limited license granted to you, Widgets and Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without obtaining the express prior written permission of DataSub in each and every instance. Without the express written consent of DataSub, Widget may not be embedded by you or any third parties within other widgets or software modules. You acknowledge and agree that DataSub may crawl or otherwise monitor your site for the purpose of confirming compliance with this Agreement.
V. SUPPORT UPDATES
DataSub may offer technical or maintenance support for Widget. DataSub may offer upgrades or updates to Widget at its sole discretion. Notwithstanding the foregoing, nothing in this Agreement will be construed as an obligation for DataSub to install, maintain or support Widget or to provide you with upgrades, updates to Widget. DataSub may change, suspend, or discontinue any aspect of Widget at any time without notice. DataSub may impose limits on certain features and services or restrict your access to parts or all of Widget, any related Content and services without notice or liability.
VI. NO WARRANTY
WIDGET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATASUB DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING WIDGET, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DATASUB FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF WIDGET. YOU UNDERSTAND AND AGREE THAT YOUR USE OF WIDGET IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE USE OF WIDGET.
VII. LIMITATION OF LIABILITY
WIDGET IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT DATASUB SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON ANY USE OF WIDGET BY YOU. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF DATASUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, DATASUB’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED THE AMOUNT OF $50.00.
To the extent permitted by applicable law, you agree to hold harmless and indemnify DataSub, its officers, directors, agents, licensors, co-branders, other partners, and employees from and against any third party claim arising from or in any way related to your download, installation, access or use of Widget, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
IX. RIGHT TO TERMINATE AGREEMENT
DataSub, at all times and for any reason, in its sole discretion, may: (i) terminate your use of Widget, and (ii) terminate this Agreement by giving notice to you. In either case, you agree to (i) promptly remove Widget from your website, (ii) cease all further use, copying and distribution of Widget, and (iii) destroy all copies of Widget, including all portions and derivatives thereof.
X. CHANGE TO TERMS OF SERVICE
DataSub reserves its right at any time to change or modify this Agreement applicable to use of Widget, or any part thereof, and/or to impose new conditions, without limitation. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by electronic mail or updated in this Agreement. The most recent version of this Agreement can be found at https://cases.app/virusweather/terms-of-service/. Your use of Widget after such notice shall constitute acceptance of such changes, modifications, additions or deletions to this Agreement.
XI. NO PUBLICITY
XII. GENERAL PROVISIONS
This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without reference to conflict of laws principles thereof. The parties hereto irrevocably consent and agree to the exclusive jurisdiction and venue of the U.S. federal courts and state courts located in the State of Florida in any suit or proceeding based on or arising under this Agreement and irrevocably agree that all claims in respect of such suit or proceeding shall be determined only in such courts. The parties hereto irrevocably waive the defense of an inconvenient forum and the right to object to the maintenance of such suit or proceeding and consent to the personal jurisdiction of such courts for any lawsuit filed therein based on or arising under this Agreement. Nothing in this Agreement will be construed as creating a partnership or joint venture of any kind between the parties, and neither of us will have the authority to bind the other party or to contract in the name of or create a liability against the other party in performing its obligations or exercising its rights under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement cancels and supersedes any and all prior or contemporaneous proposals and agreements (oral or written) between the parties, related to your use of Widget. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless it is by an update to this Agreement that Active makes available by notice in accordance with Section X above.