Terms of service
Terms for the correct use of Weathercloud
These terms of service govern your access to and use of Weathercloud. Please read them carefully.
By using Weathercloud, you agree to be bound by these terms. If you do not agree to these terms, please do not use Weathercloud.
You may use Weathercloud only if you are not a person barred from receiving services under the laws of the European Union or other applicable jurisdiction. If you are accepting these terms and using Weathercloud on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use Weathercloud only in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
Please note that these terms are subject to regular updates.
The terms detailed below are meant to allow us to continue provide and improve Weathercloud, and they help to ensure that a few mean users do not ruin the fun for everyone else. Your part in that is simple. Just use common sense and enjoy all the amazing features of Weathercloud.
Who is Weathercloud intended for?
Weathercloud is intended for use by people who are fourteen years of age or older. If you are under the age of fourteen, you are prohibited from creating a Weathercloud account. We do, however, allow children under the age of fourteen to use certain features or areas of Weathercloud that do not involve creating an account.
You affirm that you are either more than eighteen years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms, and to abide by and comply with them. In addition, you affirm that you have not been previously suspended or removed from Weathercloud.
We may, in our sole discretion, refuse to offer Weathercloud to any person or entity. We may, without notice and in our sole discretion, terminate your right to access to or use Weathercloud.
Your account security
After opening a Weathercloud account, you accept all responsibility for any activity that occurs while you are signed in. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.
The content you provide
Weathercloud consists of interactive features and areas that allow users to create, post, transmit and store content and data. You understand that your content and data may be viewable by others and that you have no ability to control who can access such content and data.
You agree that you are solely responsible for your content and data, and that Weathercloud is not responsible or liable for these. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete content and data at any time and for any reason.
You agree that any feedback, suggestion, idea or other information or material that you provide is non-confidential and shall become the sole property of Weathercloud. We will be entitled to the unrestricted use of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the feedback, including any copyrights or moral rights. We like hearing from our users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
The content on Weathercloud
All content on Weathercloud is the sole responsibility of the person who originated such content. We may not monitor or control the content on Weathercloud and we cannot take responsibility for such content. Any use of content on Weathercloud is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content on Weathercloud. You understand that by using Weathercloud, you may be exposed to content that might be offensive, harmful, inaccurate or inappropriate. Under no circumstances will Weathercloud be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of Weathercloud.
Restrictions on the use of Weathercloud’s content
We give you a personal, worldwide, non-assignable and non-exclusive license to use Weathercloud. This license is for the sole purpose of enabling you to use and enjoy Weathercloud in the manner permitted by these terms. This license is revocable at any time. This license does not include:
- The distribution of Weathercloud’s content.
- Modifying or otherwise making any derivative uses of Weathercloud, or any portion thereof.
- Use of any scraping, data mining, robots or similar data gathering or extraction methods.
- Downloading, other than page caching, any portion of Weathercloud, except as expressly permitted.
- Accessing Weathercloud’s API with an unauthorized or third-party client.
- Any use of Weathercloud other than for their intended purposes.
Any use of Weathercloud other than as specifically authorized in these terms, without our prior written permission, is strictly prohibited and will terminate the license to use Weathercloud granted in these terms.
Additionally to other restrictions outlined in these terms, you agree that you will not:
- Use Weathercloud for any purpose that is illegal, beyond the scope of their intended use or otherwise prohibited in these terms.
- Use Weathercloud in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying it, or that could damage, disable, overburden or impair Weathercloud’s functioning in any manner.
- Compromise the security of Weathercloud.
- Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials.
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access to Weathercloud or to extract data.
- Reverse engineer any aspect of Weathercloud, do anything that might discover source code or circumvent measures employed to prevent or limit access to any area, content or code of Weathercloud.
- Use or attempt to use another user's account without authorization.
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so.
- Engage in any harassing, intimidating, predatory or stalking conduct.
- Violate the publicity, privacy or data protection rights of others.
- Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- Buy, sell, rent, lease or otherwise offer in exchange for any compensation, access to your Weathercloud account.
- Develop any third-party application that interacts with Weathercloud’s content without our prior written consent.
Weathercloud and all its contents are protected by copyright, trademark, applicable intellectual property and other laws. These terms do not grant you the right to use any content, trademark, branding or logo of Weathercloud. No portion of Weathercloud may be reproduced in any form or by any means, except as expressly permitted in these terms.
Weathercloud respects the intellectual property rights of others and expects you to do the same. We have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating your account if your are determined to be a repeat infringer.
Modifying and terminating our service
We are constantly modifying and improving Weathercloud. We may add or remove features or functionalities, and we may temporarily suspend or discontinue it. We may, at any time, change or impose fees for premium access to and use of Weathercloud.
You can stop using Weathercloud at any time, although we would be sorry to see you go. We may also stop providing Weathercloud to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these terms, or use Weathercloud in any way that would cause us legal liability.
If we suspend or terminate Weathercloud or your account, we will try to give you reasonable advance notice and a chance to get your information out of it. After a period of time, however, we may permanently delete all the content that is associated with your account.
WEATHERCLOUD IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT WEATHERCLOUD WILL ALWAYS BE SECURE OR ERROR-FREE, OR THAT IT WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEATHERCLOUD SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON WEATHERCLOUD’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT WEATHERCLOUD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Any dispute between you and Weathercloud will be governed by these terms and the laws of the European Union, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these terms shall be deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
By agreeing to these terms, you agree to indemnify, defend and hold harmless Weathercloud, our managing members, shareholders, employees, affiliates, licensors and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses due to, arising out of or relating in any way to:
- Your use of Weathercloud.
- Any content you post, upload, use, distribute, store or otherwise transmit through Weathercloud.
- Your violation of these terms.
- Your violation of the rights of another.
These terms supersede all prior understandings regarding the same and represent the complete agreement between you and Weathercloud.
Hopefully, that has clarified things for you. However, if you are still looking for more information, then you can contact us and we will be happy to help you.
Last updated on February 28, 2014