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IMPORTANT--READ CAREFULLY: These Terms and Conditions of Service (these "Terms and Conditions") apply to our API. The data currently provided or becoming available in the future (the "Services") will be subject to these Terms and Conditions. By accessing and using the Services, you will be deemed to have agreed to abide by these Terms and Conditions and any other written rules, restrictions, disclaimers, terms, and conditions published or provided to you in conjunction with the Services. TheGlobalWeather.com reserves the right to modify these Terms and Conditions from time to time. Any such modification will be notified to you by email and will govern your use of the Services commencing from the later of the time it is posted on our website or the time that you receive the email notification. You will receive no less than ninety days notice in writing of any change to your rights to access and/or use the data that is made available through the Services.
TheGlobalWeather.com grants you the right to access, use, and view the standard (free) Services, together with any Premium Services for which you have subscribed and agreed to pay the applicable subscription fees, You may access, view and make copies of the data in the API for your personal or commercial use, including making the data in the API available in online and/or mobile applications/services (a single API key/subscription may be used in respect of one online or mobile application/service only) which are, as applicable, sold or resold by you or your group companies or other third parties authorised by you (‘Representatives’). If you are Free API user then for all uses of the data, you will credit TheGlobalWeather.com by name or brand logo as the source of the data. You may not transfer your access privileges or disclose your password to any third party. TheGlobalWeather.com reserves the right to modify or terminate any of the Services at any time. You agree not to sell our weather data to any third party. As a condition of your use of the Services, you warrant to TheGlobalWeather.com that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. If you violate any of these Terms and Conditions, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed materials.
You agree to pay the subscription fees for any Premium Services for which you subscribe, as indicated via. Website, email or telephonic conversation for such Services, unless and until you cancel your subscription. TheGlobalWeather.com reserves the right to modify the subscription fees upon notice of such modifications to ongoing subscribers from time to time, as to periods for which such fees have not yet been paid. TheGlobalWeather.com will not be required to refund any previously collected subscription fees for any period after you have cancelled your subscription. TheGlobalWeather.com reserves the right to appoint one or more third parties to provide billing and collection fulfillment services. In such case, you will be asked to enter into an agreement with such third party for payment of the subscription fees, as a condition of receiving the Services. You are responsible for all charges associated with connecting to the Services, including, without limitation, all cable or telephone access and telephone and computer equipment necessary to access the Services.
You may cancel the service at any time, and will not be billed for additional subscription periods. However, when refunds are requested for subscription periods wholly or partially completed, this policy will govern the outcome of that request.
No refunds will be given after monthly or longer period fees have been made.
TheGlobalWeather.com's ability to deliver the Services may be delayed, impaired, or interrupted by various events beyond TheGlobalWeather.com's control including, without limitation, malfunctions in data transmission, communications or equipment; failure by your Internet service provider or other third parties to transmit information; or war, riot, acts of terrorism, severe weather, or national disasters. The information and content provided as part of the Services may change very rapidly. Factors such as the speed of transmission and loading of such information on your computer equipment, the frequency with which you refresh the information, and other factors outside TheGlobalWeather.com's control, may delay the availability of such information. Weather information and weather predictions are by their nature of indeterminate reliability. Persons engaging in activities that could give rise to injury, death, or loss of property or profits as a result of adverse weather conditions do so at their own risk. You should consult governmental weather reports, bulletins, and advisories in planning any high risk weather-related activities.
The contents of the Services, including any text, graphics, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of TheGlobalWeather.com.. You will not remove, alter, or obscure any copyright, trademark, and other proprietary notices displayed in conjunction with such content. TheGlobalWeather.com has applied for and/or obtained patents protecting certain aspects of the Services. You are not entitled to any rights under such patents, which rights can only be granted pursuant to a separate written patent license agreement. Any rights not expressly granted by these Terms and Conditions or any applicable license agreements are reserved by TheGlobalWeather.com.
TheGlobalWeather.com, ITS THIRD PARTY PROVIDERS, AND ITS OR THEIR AFFILIATES AND REPRESENTATIVES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING sFROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TheGlobalWeather.com SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNT YOU HAVE PAID AS SUBSCRIPTION FEES FOR THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TheGlobalWeather.com agrees to indemnify and to hold you, your Representatives and your/their customers employees and agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney’s fees) arising as a consequence of the Site and/or the Services and its/their use of them in accordance with these Terms and Conditions infringing the copyright, trade mark or other intellectual property rights of any person. TheGlobalWeather.com's liability in respect of this indemnity shall not be subject to the limitations and exclusions in the clause headed 'Limitation of Liability'.
Although TheGlobalWeather.com attempts to ensure the integrity and accuracy of the Services, it makes no guarantees whatsoever as to the correctness or accuracy of the information and content provided as part of the Services. It is possible that the Services could include technical or typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Services by third parties. The nature and content of the Services may be changed or updated without notice.
TheGlobalWeather.com collects information that you provide to us directly, and also collects limited information through "cookies" that we place on your browser. Such information may be used by us for a variety of purposes, including statistical analysis, and identification of products and services that may be of interest to you. TheGlobalWeather.com will not knowingly share personally identifiable information about you with any third party. We do not knowingly collect information from children. Third party suppliers, partners, and advertisers may place "cookies" on your browser to collect limited information when you are browsing on the Internet.
TheGlobalWeather.com may, but is not obligated to, monitor or review any areas of the Services where visitors transmit or post Communications or communicate with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such Communications. TheGlobalWeather.com will not, however, have any liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TheGlobalWeather.com retains the right to remove, in its sole discretion, Communications that include any material deemed infringing, abusive, defamatory, obscene, or otherwise inappropriate.
TheGlobalWeather.com makes no representations whatsoever about any other Web site that you may access through the Services. When you access a non-TheGlobalWeather.com site, please understand that it is independent from TheGlobalWeather.com, and that TheGlobalWeather.com has no control over the content on that Web site. In addition, a hyperlink to a non-TheGlobalWeather.com Web site does not mean that TheGlobalWeather.com endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Services, you do this entirely at your own risk.
The Services may contain forward-looking statements regarding TheGlobalWeather.com's business, customers, partners, future products and services, or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those, expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.
These Terms and Conditions constitute the entire agreement between TheGlobalWeather.com and you pertaining to the subject matter hereof. In its sole discretion, TheGlobalWeather.com may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within the Services. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of TheGlobalWeather.com.
You represent that you are 16 years of age or older, of legal age to enter into contracts, and have full authority and competency to enter into and be legally bound by these Terms and Conditions.
This Service Level Agreement (“SLA”) is a policy governing the use of API under the terms of the TheGlobalWeather.com Terms of Service (the “Terms of Service”) between TheGlobalWeather.com (“us” or “we”) and users of TheGlobalWeather.com High Volume (HV) API Services (“you”). This SLA applies separately to each account using TheGlobalWeather.com Services. Unless otherwise provided herein, this SLA is subject to the terms of the Terms of Service. TheGlobalWeather.com reserves the right to change the terms of this SLA in accordance with the Terms of Service.
TheGlobalWeather.com services for High Volume (HV) API customers are guaranteed to be available and responsive 99.9% of the time. If we don't meet this guarantee you are eligible for a service credit.
TheGlobalWeather.com will use commercially reasonable efforts to make TheGlobalWeather.com instances available with a Monthly Uptime Percentage (defined below) of 99.9%, in each case during any monthly billing cycle (the “Service Commitment”). In the event TheGlobalWeather.com does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for a TheGlobalWeather.com instance for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.
To receive a Service Credit, you must submit a claim by sending an email via Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
The Service Commitment does not apply to any unavailability, suspension or termination of TheGlobalWeather.com Services, or any other TheGlobalWeather.com or TheGlobalWeather.com Services performance issues: (i) caused by factors outside of our reasonable control, including, without limitation, any force majeure event or Internet access or related problems beyond the demarcation point of TheGlobalWeather.com Services or its direct hosting subcontractors (i.e beyond the point in the network where TheGlobalWeather.com maintains access and control over the TheGlobalWeather.com Services); (ii) that result from any actions or inactions of you or any third party (other than TheGlobalWeather.com’s direct hosting subcontractor); (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from any scheduled maintenance; or (vi) arising from our suspension and termination of your right to use TheGlobalWeather.com Services in connection with any breach by you of the Terms of Service or otherwise in accordance with the Terms of Service (collectively, the “TheGlobalWeather.com SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.