The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Weather Bar, and it's parent company and affiliates (“Weather Bar”). This EULA governs your use of Software and Services (as specified below).
This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA") which governs your use of the Weather Bar is a legal agreement between (1) you and (2) Weather Bar and Weather Bar's parent company based in the U.S.A. The terms "Weather Bar", "we", "us" or "our" used in this EULA refer to Weather Bar respectively, based on your country of residence. By installing or otherwise using the Weather Bar, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Weather Bar application/software will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Weather Bar updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Weather Bar. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Weather Bar application shall constitute reasonable means. Your continued use of the Weather Bar after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Weather Bar. If you have any questions or concerns regarding the terms or conditions herein, please email us at [email protected]. Do not use the Weather Bar until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
You must be 13 years of age or older to install or to use Weather Bar. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install Weather Bar for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access Weather Bar, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use Weather Bar or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Weather Bar, please contact us at [email protected].
Grant of License
Subject to your compliance with the terms and conditions of this EULA, Weather Bar grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Weather Bar on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
Description and Other Rights and Limitations
Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to Weather Bar or use Weather Bar for the benefit of any third party. Unless expressly authorized by Weather Bar's parent company or permitted under the applicable mobile platform terms, you are prohibited from making Weather Bar available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of Weather Bar, except to remove our Weather Bar from a device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with Weather Bar or it's services, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of Weather Bar in any way. You do not have the right to and may not create derivative works of Weather Bar or any portions thereof. All modifications or enhancements to Weather Bar remain the sole property of Weather Bar and it's parent company.
Weather Bar Updates. We reserve the right to add or remove features or functions to the existing Weather Bar application. When installed on your device, Weather Bar periodically communicate with our servers. We may require the updating of Weather Bar on your device when we release a new version of Weather Bar, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of Weather Bar. You acknowledge and agree that any obligation we may have to support previous versions of Weather Bar may be ended upon the availability of updates, supplements or subsequent versions of Weather Bar. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of Weather Bar.
Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use Weather Bar. If you access Weather Bar through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access Weather Bar from your device. Downloading, installing or using Weather Bar may be prohibited or restricted by your network provider and not Weather Bar may work with your network provider or device. Weather Bar makes no representation that Weather Bar can be accessed on all devices or wireless service plans. Weather Bar makes no representation that the Weather Bar are available in all languages or that the Weather Bar are appropriate or available for use in any particular location.
Subscription Services. Weather Bar in certain marketplaces will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner. Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). See below in paragraph 6 ("Trial Periods") for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your account. The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 ("Purchases & Cancellation Rights") for further information.
Trial Periods. Certain of our subscription services via marketplaces may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple) or (b) you cancel before the end of the trial period (Google).
Online Dispute Resolution. If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: [email protected].
Weather Bar Functionality
Weather Bar allows you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "Weather Bar Functions"). Weather Bar Functions are provided by Weather Bar and third party suppliers who offer content and/or services in conjunction with or through Weather Bar (the "Third Party Partners"). Weather Bar Functions may provide you with location data for basic navigational and weather services purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Weather Bar or it's parent compant, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by Weather Bar.
Third-Party Services and Content. Weather Bar may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing Weather Bar that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Weather Bar may provide access or links to Third Party Partner websites or resources. Weather Bar has no control over such websites and resources, and you acknowledge and agree that Weather Bar is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Weather Bar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Weather Bar will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
Access to Third-Party Services and Content through Weather Bar. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an Weather Bar, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Weather Bar you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Weather Bar be liable in any way for any Content created by or originating with entities other than Weather Bar, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of Weather Bar.
Weather Bar, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that Weather Bar and any information you download or offer to share by means of Weather Bar, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Windows users, enabling device encryption in your settings. You agree that Weather Bar and it's parent company shall not be liable for any unauthorized access to your device or the app data thereon.
Uninstallation and removal methods vary depending on your device. To uninstall and remove Weather Bar, please use the application manager or Window's uninstall feature provided with Windows.
Consent to Use Data
Weather Bar, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Weather Bar are Weather Bar's property or the property of Weather Bar's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within Weather Bar. All rights not expressly granted hereunder are expressly reserved to Weather Bar and its licensors.
Weather Bar logos and affiliated properties, are the exclusive property of Weather Bar or its affiliates. All other trademarks appearing on any Weather Bar are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through Weather Bar. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Copyright and Submissions
You are solely responsible for any Content you contribute, submit or display on or through your use of Weather Bar. It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
Weather Bar respects and expects its users to respect the rights of copyright holders. On notice, Weather Bar will act appropriately to remove content that infringes the copyright rights of others. Weather Bar reserves the right to disable the access to Weather Bar or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an Weather Bar, or elements, infringe your copyright rights, Please contact Weather Bar's Copyright Agent at [email protected].
Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the Weather Bar, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Weather Bar, its users, or members of the public or (v) to report a crime or other offensive behaviour.
Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the Weather Bar. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Weather Bar. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Weather Bar. None of the Submissions shall be subject to any obligation of confidence on the part of Weather Bar, and Weather Bar shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Weather Bar shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to Weather Bar all right, title and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favour of Weather Bar and its assignees, licensees and designees.
Repeat Infringer Policy. Weather Bar may terminate a user's access to Weather Bar if, under appropriate circumstances, the user is determined to be a repeat infringer.
No Intended Third Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and automatically without any notice from Weather Bar if you fail to comply with any of the terms and conditions of this EULA. You understand that Weather Bar, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Weather Bar at any time. Further, Weather Bar, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Weather Bar or any of its component features. You agree that Weather Bar shall not be liable to you or any third-party for any termination or disabling of the Weather Bar. Promptly upon expiration or termination of this EULA, you must cease all use of the Weather Bar and destroy all copies of Weather Bar in your possession or control. Termination will not limit any of Weather Bar's other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
Disclaimer of Warranty
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, WEATHER BAR IS PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, WEATHER BAR, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, WEATHER BAR MAKES NO WARRANTY THAT WEATHER BAR WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Weather Bar PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF WEATHER BAR WILL MEET YOUR EXPECTATIONS. WEATHER BAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Weather Bar; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WEATHER BAR OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH WEATHER BAR BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEATHER BAR.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE Weather Bar REMAINS SOLELY WITH YOU.
Weather Bar EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEATHER BAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEATHER BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE WEATHER BAR; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO WEATHER BAR. IN NO EVENT SHALL WEATHER BAR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING WEATHER BAR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS WEATHER BAR, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WEATHER BAR, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF WEATHER BAR, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY WEATHER BAR OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
The Weather Bar and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
Notice to Government Users
Any Weather Bar installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Jurisdictional Issues and Miscellaneous Terms
Weather Bar does not represent or warrant that Weather Bar or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Weather Bar, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of the Uninited States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) Weather Bar. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of the United States of America, with respect to all matters arising out of or relating to this EULA.
No failure or delay by Weather Bar in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEATHER BAR MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have questions about the policies described in this statement, please email us directly at [email protected].
Last Updated: 9/24/2018