Last Updated: August 08, 2012
This document sets the terms and conditions (these “Ts&Cs”) for the use of the Services (as defined below). We reserve the right to amend these Ts&Cs from time to time and all such amendments shall apply to our relationship effective immediately upon our notification to you. If you are a Weather Station operator who has engaged with us in a services agreement pursuant to which you will provide us with the data of your Weather Station, please also refer to the specific terms and conditions relating to Weather Station operators.
1. Acceptance of Terms
1.1. These Ts&Cs are between us, Meteo-Logic Ltd. (“Meteo-Logic“, “we” or “us“), and you, the legal entity that will be using the Services or that will be granted access to the Services for any purpose, including for evaluation purposes, testing purposes, presentation purposes, campaign purposes, pre-sale activity or any other purpose (“you” or “End User“). For the purpose of these Ts&Cs.
2. The Services
2.1. In providing the Services, we obtain and rely on certain information third parties, and third party software and applications. We cannot guarantee the accuracy or completeness of such data nor can we assume any responsibility for the analytical, historical and statistical information provided to you as part of or by your using or accessing the Services.
2.2. The use of the Services is conditioned upon your providing an Internet connection of sufficient bandwidth and quality, and for meeting such other site requirements as we may specify.
3. Permission to Use the Service
3.1. You may access and use the Services only so long as you are in compliance with all provisions of these Ts&Cs and make all payments relating to the Services as and when due.
3.2. You acknowledge that we may, in our sole discretion and at any time or from time to time, change or discontinue providing any part of the Services, and our sole liability in such case shall be to refund any amounts previously paid by you with respect to any portion of the Services that we discontinue.
4. User Conduct
4.1. In connection with your use of the Services you agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party, to violate any rights, data or information of others or the operational or security mechanisms of the Services or to allow third parties to use or to exploit the Services, in any manner whatsoever.
4.2. Without limiting the foregoing, you may not:
4.2.1. Pass your username and/or password to any other third party. The registration and the permitted use shall be made by the registered user only and who shall not give, pass, give, rent, sell, license, transfer his username and/or password and/or any content of the site to any third party. Each user has to be registered to the site/Services;
4.2.2. use the Services to promote, conduct, or contribute to fraudulent or illegal activities, including without limitation deceptive impersonation;
4.2.3. use any content except for the intended purposes of the Services and Site, subject always to the terms of this Agreement.
4.2.4. infringe on intellectual property rights (including, without limitation, copyrights and trademark rights) relating to: (i) the Services, and (ii) third party content or resources;
4.2.5. disrupt, circumvent, self-customize, or interfere with any part of the Service; attempt to circumvent any protection mechanism in the Services, or any part or component thereof;
4.2.6. alter, modify, delete, forge, frame, hyper-link, or otherwise interfere with or in any manner compromise the Services or any content, programming, advertising, services or features contained in or through the Services, including without limitation any data, text, images, sounds, video, content, programming, logos, trademarks, service marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears as part of the Services, whether was independently developed by us or received by any third party (“Content“);
4.2.7. access or use, or attempt to access or use, any Meteo-Logic systems, programs or data that you are not authorized to access or use, or bypass or attempt to bypass any registration or User ID authentication processes, or any other security mechanisms, included in or part of the Services;
4.2.8. decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Services;.
4.2.9. copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Services or any component or software included within or embedded in the Services. The services are for private use only;
4.2.10. harvest or otherwise collect non-public information about another user obtained through the Site or the Service (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
4.2.11. add a Site member to your email or physical mailing list without such member’s consent after adequate disclosure to such member, or use their email address or contact details for antisocial, disruptive, or destructive purpose;
4.2.12. use the Services in any manner which is in contrary to its intended purpose or which is not specifically authorized by Meteo-Logic.
4.3. We cannot and do not assure that other members of the Site are or will be complying with this Agreement, and, as between us, you assume all risk of harm or injury resulting from any such lack of compliance. Without limiting the above, when using the Site or the Service you will be exposed to Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content. You may be exposed to Content that is inaccurate, offensive, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to such Content. We urge you to report on such information if you encounter any such information through the Site or the Services.
5.1. Access to the Services requires registration, and as part of the process you will be requested to provide certain information, including a unique User ID and a password (“Registration Data“) provided to you by Meteo-Logic. You are responsible for providing true, accurate, current and complete Registration Data; promptly updating the Registration Data to keep it accurate, current and complete; preventing access to the Services by any unauthorized person by means of use of your Registration Data.
5.2. You agree that Meteo-Logic may, in its sole discretion and without notice or liability to you or any third party, immediately suspend or disable your account and deny access to the Services (or any portion thereof) upon loss, theft or unauthorized use of your Registration Data, an intellectual property infringement claim by any third party, or violation of these Ts&Cs. Such step shall not derogate from any other right or remedy that Meteo-Logic may have by law, equity or otherwise.
6. End User Improvements
6.1. You agree that Meteo-Logic may, in Meteo-Logic’s sole discretion, use any improvements that you request or propose to the Services, and any feedback or ideas that you provide to Meteo-Logic in connection with the Services in any way (“Submission“), including without limitation in future modifications of the Services or advertising and promotional materials relating thereto.
6.2. You hereby grant Meteo-Logic and its successors and Affiliates a perpetual, worldwide, non-exclusive, transferable, non-revocable, sub-licensable, royalty-free and fully paid-up license, without restriction, to use, modify, create derivative works from, reproduce, distribute and display any of your Submissions, without notice to you.
7. Intellectual Property; Trademarks
7.1. All Content included in or incorporated into the Services or that may be made available to you by Meteo-Logic from time to time is and remains the sole property of Meteo-Logic or its data suppliers or licensors, and is protected by copyrights, trademarks, service marks, patents and other proprietary rights and intellectual proprietary rights and laws.
7.2. Meteo-Logic makes no claim of ownership as to the trademarks of any data suppliers or licensors listed on the Services, or with respect to any publication mentioned in the Services, including any goodwill that arises from the use of those trademarks.
8. End User Confidential Information
8.1. We understand that as part of the Services you may disclose certain Confidential Information (as defined below) to us. Meteo-Logic will take reasonable measures to maintain all of your Confidential Information in confidence and not to disclose any Confidential Information to any third party without your prior consent.
For the purpose of this section “Confidential Information” means your technical and non-technical proprietary information disclosed by you to Meteo-Logic which is designated in writing as “Confidential” or “Proprietary” at the time of disclosure or promptly thereafter. Confidential Information shall not include any information that: (1) was in the public domain prior to the time of disclosure by the you; (2) enters the public domain after disclosure by you to Meteo-Logic through no action or inaction of Meteo-Logic; (3) is already in the possession of Meteo-Logic free of any obligation of confidentiality at the time of disclosure by you; (4) is obtained by Meteo-Logic from a third party; (5) is independently developed by Meteo-Logic without use of or reference to your Confidential Information; or (6) is required by law to be disclosed by Meteo-Logic, provided that Meteo-Logic gives you immediate written notice of such requirement prior to such disclosure and shall provide you with reasonable assistance in obtaining an order protecting the information from public disclosure.
9. Disclaimer of all Warranties
9.1. YOU ACKNOWLEDGE THAT THE DATA PRESENTED IN THE SERVICES AND THROUGH THE SITE AND ANY FORWARD-LOOKING STATEMENT IS CALCULATED WITH THE USE OF MATHEMATICAL ALGORITHMS, BASED ON HISTORICAL AND STATISTICAL INFORMATION AND IS NOT INTENDED AS AN ADVICE FOR ANY A ACTION. YOU ARE AWARE THAT FUTURE RESULTS CAN NOT BE PREDICTED AND VARIOUS RISKS AND UNCERTAINTIES COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM ANY PREDICTION MADE BY US. THE USE AND INTERPRETATION OF THE CONTENT, IS AT ONE’S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE THE RELIANCE ON THE CONTENT HEREIN AND OF ANY RESULTING CONSEQUENCES OF ANY KIND.
9.2. YOU ACKNOWLEDGEANDAGREE THAT YOUR USE OF THE CONTENT AND THE SERVICES, OR YOUR PERFORMANCE, USE OR CONDUCT OF ANY ACTIVITY OR ANY OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETIONANDRISKANDTHAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES, INCLUDING WITHOUT LIMITATION ANY RESULTING DAMAGES OR COSTS TO METEO-LOGIC OR TO ANY OTHER INDIVIDUAL OR ENTITY.
9.3. METEO-LOGIC shall not be held liable for any down time or unavailability of the Services due to internet down time, insufficient band width or any errors which are beyond Meteo-Logic’s reasonable control.
9.4. THE SERVICESAREPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METEO-LOGIC, METEO-LOGIC’S AFFILIATES, LICENSORS, AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) EXPRESSLY DISCLAIMALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE CONTENT AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEANDNON-INFRINGEMENT.
9.5. WITHOUT LIMITING THE FOREGOING, METEO-LOGIC MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR, BUG OR VIRUSFREE;NORDOES METEO-LOGIC WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE. THE DATA IN THE SITE AND THROUGH THE SERVICE IS NOT INTENDED AS AN ADVICE TO ACT OR REFRAIN FROM ANY ACTION; WE DO NOT ENDORSE OR APPROVE THE DATA, AND WE MAKE IT AVAILABLE TO YOU ONLY FOR YOUR OWN CONVENIENCE. WE, AND ANY THIRD PARTY PROVIDERS OF SUCH METEOROLOGICAL DATA ARE NOT OBLIGATED TO UPDATE ANY METEOROLOGICAL DATA OR ANY INFORMATION OR OPINIONS CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICE.
9.6. YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE, THE SERVICE AND CONTENT, IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES. WE MAKE NO WARRANT REGARDING THE USE OR THE RESULTS OF, OR THE RELIANCE ON THE SITE, APPLICATION, THE SERVICE AND ANY CONTENT PROVIDED.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL METEO-LOGIC BE LIABLE, UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE,DATAOR OTHER INTANGIBLE. IN ADDITION, UNDER NO CIRCUMSTANCES SHALL METEO-LOGIC BE LIABLE FOR ANY DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE OR THE AVAILABILITY OR PERFORMANCE OF THE SERVICES , OR (II) FORCOSTOF PROCUREMENT OF SUBSTITUTE GOODSANDSERVICE(S), OR (III) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE(S) RESULTING FROM USER ID SUSPENSION, TERMINATION, SHUT DOWN, LIMITATIONS OR ANY OTHER OPERATION DECIDED SOLELY BY METEO-LOGIC IN CONNECTION WITH SUCH USER ID, OR (IV) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THE SERVICES, OR (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON USING THE SERVICES; IN EACH CASE, EVEN IF METEO-LOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Meteo-Logic’s aggregate liability shall not exceed the amount Paid by you for the services during the SIX-month period prior to the event giving rise to such liabIlity.
11. Weather Station Operators
11.1. All Weather Station operators supplying data from their Weather Station to Meteo-Logic acknowledge and agree that:
11.1.1. Meteo-Logic may use and present all data received from the Weather Station operator (the “Weather Station Data”) in the Site and in any related activities. Upon the engagement between the Weather Station operator and Meteo-Logic, the Weather Station operator gives its irrevocable permission for the perpetual, worldwide, royalty-free and fully paid-up use of the Weather Station Data by Meteo-Logic (or any transferee of Meteo-Logic) during his engagement with Meteo-Logic and thereafter for an unlimited period.
11.1.2. Meteo-Logic may, at its sole discretion, analyze, alter, modify, delete, frame, hyper-link, present or make any similar action with any part of the Weather Station Data (including without limitation any data, text, images, sounds, video, content, programming, HTML code, compilation of content, format, design, and software).
11.1.3. Meteo-Logic and its successors and Affiliates have a perpetual, worldwide, non-exclusive, transferable, non-revocable, sub-licensable, royalty-free and fully paid-up license, without restriction, to use, modify and create derivative works from the Weather Station Data.
11.1.4. To best of his knowledge, the Weather Station Data provided by it is full, true and accurate.
11.1.5. The Weather Station Data shall be presented, at our discretion, as a forecasting point which shall not contain any reference to the Weather Station operator, its site, brand name or any other details (“Forecasting Point“).
12. Public Course
12.1.1. All Weather Station operators registered to the Public Course acknowledge and agree that all users of the Service shall have access to the Weather Station Data for each Forecasting Point, and such users will be able to use such data for their any purpose. Such users will be able to, inter alia, analyze, alter, modify, delete, frame, hyper-link, present or make any similar action with any part regarding the Weather Station Data (including without limitation any data, text, images, sounds, video, content, programming, HTML code, compilation of content).
12.1.2. By joining the Public Course, Weather Station operator registered to the Public Course gives its irrevocable permission for the perpetual, worldwide, royalty-free and fully paid-up use of the Weather Station Data by any user of the Service, during his engagement with Meteo-Logic and thereafter for an unlimited period.
Meteo-Logic may change these Ts&Cs or the Services at any time(s), in Meteo-Logic’s sole discretion after posting a notice in the Services. It is the End User’s responsibility to periodically check these Ts&Cs for any changes.
14. Governing Law
These Ts&Cs will be governed by Israeli law without regard to its choice of law or conflicts of law principles. The parties hereby consent to the exclusive jurisdiction and venue of the courts in Tel Aviv,Israelexcept that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
15. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services and these Ts&Cs or any related matter must be filed within one year after such claim or cause of action arose or be forever barred.
16. Contacting Us
Copyright © 2012, Meteo-Logic Ltd. All rights reserved.