Terms

WXshift is a project of Climate Central. As such, Climate Central's Terms written below apply to this site as well.

Proprietary Rights

Climate Central’s materials are protected by copyright. We own all rights, title and interest in and to the Site, all the content (including, for example, text, photos, illustrations, graphics, videos, audio, software, files, code, date and materials thereon), the look and feel, design and organization of the website, the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, and other intellectual property and proprietary rights therein. Use of the Site does not grant to you ownership of any content, code, data or materials you may access on or through the Site.

Content Sharing Agreement

Materials made available on the Site may not be copied, modified, broadcast or otherwise distributed, and you agree to not copy, modify, publish, broadcast, sell or otherwise distribute such materials without the prior written permission of Climate Central.

We would be happy to answer your questions regarding republishing or licensing for Climate Central’s content, including stories, graphics, videos and photos. Please contact Climate Central's Director of Digital Media and Editorial, Geoff Grant, or Climate Central’s Senior VP for Program Strategy and Integration, Richard Wiles

Intellectual Property Rights of Others

We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the Site.

If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

ATTN: Copyright

Climate Central

One Palmer Square, Suite 330

Princeton, NJ 08542

The notification must include ALL of the following:

  1. A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
  2. a description of the copyrighted work you claim has been infringed;
  3. a description of where the material you claim is infringing is located on this Site;
  4. your name, address, telephone number, email address and all other information reasonably sufficient to permit Climate Central to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that content has been taken down improperly from the Site or that access to material on the Site was improperly disabled, you may send a counter-notification to the Climate Central copyright agent identified above. Such counter-notification must contain the following information:

  1. Your physical or electronic signature, or that of an authorized representative;
  2. a description of the material that you claim has been improperly removed or to which you believe access has been improperly disabled and the location at which the material appeared before it was removed or access was disabled;
  3. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. your name, address and telephone number, and a statement that (i) you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which Climate Central may be found, and (ii) you will accept service of process from the claimant who provided Climate Central's designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.

Warranties

Your use of this site is at your sole risk. This site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to this site or any feature or part thereof at any time. To the fullest extent permitted under applicable law, climate central expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on this site are noninfringing; that access to this site will be uninterrupted or error-free; that this site will be secure; that this site or the server that makes this site available will be virus-free; or that information on this site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from climate central or through or from this site shall create any warranty of any kind. Climate central does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability

To the fullest extent permitted under applicable law, you understand and agree that neither climate central, nor any of its affiliates or third-party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use of or inability to use this site or any other site you access through a link from this site or from any actions we take or fail to take as a result of email messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.

This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this site, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

External Links, Users, Sponsors and Advertisers

Links provided to other locations or sites are made available for your convenience only and do not indicate endorsement by Climate Central of such other location or site or it's information. The existence of a link to another site does not imply that the organization or person publishing at that site endorses any of the materials at the Site. Climate Central is not responsible for the materials contained at any web site linked to the Site. You agree that Climate Central is not responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other users, sponsors, or advertisers, or as a result of such parties’ access to and use of the Services.

You generally do not need to obtain permission from us to put a text link on your site that links back to the Site. We request that you notify us of any links you create to the Site and we reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. You shall include all appropriate attributions in connection with all links to the Site and shall not use any link in a manner that is likely to create confusion as to the source of content.

Modification to the Services and Terms of Use

Climate Central reserves the right to modify or discontinue the Services with or without notice or liability to you or any third party. Climate Central may change these Terms of Use from time to time and will notify you of any such changes by posting a notice of such changes on the Site.

If you object to any such changes, your sole recourse shall be to cease using the Services. Continued access to and/or use of the Services following notice of such modifications or changes shall indicate your assent to and acceptance of the Terms of Use, including, but not limited to, all posted changes.

Termination

Climate Central reserves the right to terminate your use of any or all of the Services, or any right granted herein, at any time, for any reason, including, without limitation, violation of these Terms of Use. You agree that Climate Central shall not be liable to you or any third party for termination of your access to the Services or any right granted under these Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless Climate Central, its affiliates and their respective directors, officers, trustees, employees, independent contractors and agents from and against any losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party arising out of or relating to (a) your violation of these Terms of Use or the rights of any other user, (b) your use of the Services, (c) any information submitted or transmitted by you through the Services, (d) your transmission of computer viruses, worms, harmful program routines or other similar items into the Site, or (e) your use of the Services to access, without authorization, any other computer or machine. Climate Central shall have sole control over any such defense.

Governing Law

These Terms of Use shall be governed by the laws of the State of New Jersey, without regard to its conflicts of law provisions.

Miscellaneous

These Terms of Use contain the entire terms between the parties. In the event any provision of these Terms of Use is held to be illegal, invalid or unenforceable, then such provision shall be severed from these Terms of Use while the remaining terms shall remain binding on the parties hereto. Climate Central's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to the use of the Services, or specified in these Terms of Use, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.