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POWEROUTAGE.US
WEBSITE TERMS OF USE AGREEMENT

Last Updated: 2019/06/13

This Terms of Service Agreement (“Agreement”) is a legally binding agreement between Bluefire Studios LLC, a Maine limited liability company, (“Bluefire”, “we” or “us”) that operates https://poweroutage.us (the “Service”) and you (“you” or “your”). This Agreement governs the use of the Service by all users of the Service who have not entered into a separate written agreement with us regarding it. By using the Service, you agree to our collection and use of certain information as we describe in our Privacy Policy.

We reserve the right, from time to time and with or without notifying you, to make changes to this Agreement. By continuing to use the Service after any updates that we may make to the Agreement, you accept any such changes. The most current version of this Agreement posted on the Service will supersede all previous versions.

1. Description of the Service

The Service provides information about electrical power outages in the United States of America. We collect, record and aggregate live power outage data from utilities throughout the United States, with the goal to create the single most reliable and complete source of power outage information available.

2. Your License to Use the Service

2.1. General License.

We grant you a limited, royalty-free, non-exclusive, worldwide, non-sublicensable and non-transferable license to use and access the Service to the extent we make it available to you and subject to the terms and conditions of this Agreement. This license extends only to your personal and noncommercial use (except in the case of News Media Organizations, which are subject to the license in section 2.2). If you are interested in accessing the Service or any of its content for commercial use, click here.

2.2. News Media Organization License.

If you are a company, non-profit organization or other entity engaged in the business of publishing news media via television, print, online or through any other channels (a “News Media Organization”), and only if you are such an entity, then your license under this Agreement includes the license to publicize PowerOutage.us Content in summary fashion provided that you (a) do not summarize the PowerOutage.us Content in a way that materially changes its meaning or renders it inaccurate; (b) attribute the relevant information to PowerOutage.us in each instance of publication, no matter whether the medium of publication is online, print, social media, radio, television or otherwise; and (c) to the extent that you are summarizing the PowerOutage.us Content in a written medium (online, in print, via social media or otherwise) rather than via television or radio alone, include in your attribution a hyperlink to the PowerOutage.us website.

Examples of acceptable use consistent with this paragraph in a radio or television broadcast include:
• “There were 39 power outages in Ohio today, according to the website PowerOutage.us.”
Examples of acceptable use consistent with this paragraph in a print or online publication include the following, with the underlined portions linking to the PowerOutage.us website:
• “There were 39 power outages in Ohio today, according to PowerOutage.us.”
• “According to PowerOutage.us, there are 39 power outages in Ohio as of 5 pm Eastern Standard Time.”

3. Prohibited Conduct

You will not (a) make copies of, take “screen shots” or otherwise reproduce or store images of any written copy or images appearing on any page of the Service (“PowerOutage.us Content”), or display, publish or create derivative works of the same, except to the extent that such copies are made automatically by your computer or mobile device in the course of displaying the PowerOutage.us Content to you; (b) sell, transmit or otherwise distribute any PowerOutage.us Content to any other person or organization, whether for compensation or otherwise; (c) convey to any other person or organization any summaries or descriptions of any PowerOutage.us Content, whether in textual, graphic or any other form; (d) scrape, interfere with or disrupt the Service or any user’s access to it (including by overloading, flooding or spamming), whether by the use of bots or other means; (e) use the Service or the PowerOutage.us Content illegally; or (e) attempt to do any of the foregoing.

4. Suspension, Termination or Modification of the Service

At any time, with or without prior notice to you and without liability to you or any other person or organization, we may suspend, terminate, discontinue or modify the Service, the PowerOutage.us Content, or your access to either of them. It may be necessary for us to perform scheduled or unscheduled repairs or maintenance or remotely patch or upgrade the Service, which may temporarily degrade the quality of the Service or the PowerOutage.us Content or result in a partial or complete outage of the Service or the PowerOutage.us Content.

5. DISCLAIMERS

BLUEFIRE PROVIDES THE SERVICE “AS IS” WITHOUT WARRANTY OF ANY KIND. BLUEFIRE DISCLAIMS ALL WARRANTIES TO YOU AND TO ALL THIRD PARTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, BLUEFIRE DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE.

BLUEFIRE DOES NOT PROVIDE ANY WARRANTIES REGARDING ANY INFORMATION, CONTENT OR OTHER MATERIAL THAT IS CREATED BY, PROVIDED BY, ORIGINATING IN OR OWNED BY ANY PERSON, COMPANY OR PUBLIC AGENCY OTHER THAN BLUEFIRE AND WHICH BLUEFIRE MAKES AVAILABLE THROUGH THE SERVICE (“THIRD-PARTY MATERIALS”). THE THIRD-PARTY MATERIALS MAY VARY FROM TIME TO TIME AS BLUEFIRE IN ITS SOLE DISCRETION CHOOSES TO INCORPORATE NEW THIRD-PARTY MATERIALS INTO THE POWEROUTAGE.US CONTENT OR REMOVE INDIVIDUAL THIRD-PARTY MATERIALS FROM THE POWEROUTAGE.US CONTENT, OR IF INDIVIDUAL SUPPLIERS OF THIRD-PARTY MATERIALS DISCONTINUE THEIR PUBLICATION, DISCONTINUE BLUEFIRE’S ACCESS TO THEM OR MAKE THEM AVAILABLE TO BLUEFIRE ON TERMS THAT BLUEFIRE DEEMS COMMERCIALLY IMPRACTICABLE.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEFIRE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEFIRE SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS OR BUSINESS INTERRUPTION (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE) ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. WITHOUT LIMITING THE FOREGOING, BLUEFIRE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO ANY AMOUNT THAT YOU MAY HAVE PAID TO BLUEFIRE IN CONNECTION WITH THE SERVICE IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. YOU AGREE TO INTERPRET THIS SECTION AS INCLUSIVELY AS MAINE LAW PERMITS.

7. Indemnification

You agree to release, indemnify, and defend Bluefire from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Service, or ii) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

8. Reservation of Rights

Except for the rights and license granted in these Terms of Use, we reserve all rights and grant no rights or licenses to you or to any other person.

9. Governing Law

The laws of Maine, except for conflict of law rules, will apply to any dispute between you and Bluefire relating to the PowerOutage.us Content or this Agreement.

10. Entire Agreement.

This Agreement is the entire agreement between you and Bluefire and supersedes any and all other prior agreements between you and Bluefire concerning its subject matter. If you are a News Media Organization, no other agreement between you and Bluefire will have effect or modify this Agreement unless it is a written document expressly referencing and modifying this Agreement.