Terms of Use


ACCEPTANCE OF TERMS OF USE


Welcome to sunnycomb (the “App”), owned and maintained by Weathernews Inc., a Japanese corporation (“Weathernews”). Use of the App is provided to you subject to the following terms and conditions of use. These terms of use, together with any such additional terms and conditions, are referred to as the “Terms of Use”. In these Terms of Use, the words “you” and “your” refer to registrant or user using the App (each, a “Supporter”), and “we”, “us”, “our” and “Weathernews” refer to Weathernews, and “Services” refers to all services provided by us.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APP. THIS IS A LEGALLY BINDING AGREEMENT.

Your use of the App constitutes your binding acceptance of these Terms of Use, as amended from time to time, and our Privacy Policy, found in the App, and incorporated herein by reference. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the App.


USE OF THE APP


You may use the App by providing us with an email address and other information as requested on the registration form. An individual who provided such information and registered as a user of the App is referenced as a “Supporter.”

You must give consent to us to the Terms of Use in order to use the App.

You will choose a Supporter name and password for you to use to access our App. You may import an ID information from your Facebook account.

Weathernews reserves the right to refuse registration of, or cancel a use of the App in its sole discretion. You are solely responsible and liable for activity that occurs with relation to your use of the App and shall be responsible for maintaining the confidentiality of your Supporter name and password.

You represent and warrant that you are thirteen years old or more and of legal age to form a binding contract and become subject to these Terms of Use. Weathernews may, in its sole discretion, refuse to offer the Services to any person and may also change its eligibility criteria at any time. You further hereby acknowledge and agree that, in the event that the Services or use of the Services or access to the App is prohibited or becomes prohibited, then your right to access is revoked, and you agree not to use or access the App or Services in any way.


DESCRIPTION OF THE SERVICES


Weathernews will provide such Supporter with online weather information services, including but not limited to a function providing a Supporter with weather observation and forecast information with regard to a specific location, a function for a Supporter to report the surrounding weather, sky photos, and body sensory weather information, a function for a Supporter to browse reports from other Supporters, and a social networking service such as registering favorite Supporters and exchanging messages.


FEES


Currently, Weathernews does not charge Supporters for any fees in consideration for the Services. In case we start charging fees in consideration of the Services, Users will have to pay to Weathernews such fees as may be established by Weathernews and indicated in the App, pursuant to the payment method as designated and indicated by Weathernews. If a User fails to pay the above fees when due and payable, you shall be obligated to pay a default penalty at the rate of 14.6% per annum.


RIGHTS AND OBLIGATIONS OF SUPPORTERS


You are solely responsible for the content and accuracy of any and all information you posted, uploaded or transmitted to us or in the App. We will not be responsible for verifying the accuracy of such information. Your use of the App or the Services for any illegal purpose or activity is a violation of the Terms of Use and shall be grounds for our termination of this agreement and the registration with you.

Except as provided expressly herein, you may not assign or delegate any rights, obligations, or the status under these Terms of Use. Any purported assignment or delegation shall be ineffective.

You agree to protect your Supporter name and password. If you have reason to believe that your Supporter name or password has been compromised or if there has been any unauthorized use of any of the above, you agree to contact us immediately via email.

Supporters hereby represents and warrants to us that they have lawful rights to post, upload, or transmit any and all data and information to us or in the App.


RIGHTS AND OBLIGATIONS OF WEATHERNEWS


Weathernews is not the publisher or author of the contents you posted, uploaded, or transmitted. We disclaim all responsibility for such contents. If we determine in our sole discretion that information posted, uploaded or transmitted by you to us or in the App proposes a threat to the proper technical operation or the security of the App, we reserve the right to delete that information in our sole discretion.

Weathernews reserves the right to reject or edit those contents, (provided that material edits to the contents will not be completed without Supporters’ consent).

Weathernews takes reasonable precautions to protect your information including posted contents from loss, misuse and unauthorized access, disclosure, alteration and destruction. Due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that those contents will be absolutely safe from intrusion by others, such as hackers. Any unauthorized access to or use of the App or information collected and maintained by the App should be immediately brought to the attention of Weathernews. We will investigate and if necessary, take reasonable action to prevent or halt any such unauthorized access or use of which we become aware.

YOU AGREE THAT AS BETWEEN YOU AND WEATHERNEWS, WEATHERNEWS SHALL HAVE NO RESPONSIBILITY AND NO LIABILITY WHATSOEVER REGARDING (i) CONTENT DELETED FROM, OR (ii) CONTENT (INCLUDING SUCH CONTEN’T ACCURACY OR COMPLETENESS) POSTED, UPLOADED OR TRANSMITTED TO THE APP BY ANY PERSON OR SUPPORTER.


PROPRIETARY RIGHTS


The App is owned and operated by Weathernews. All rights, including and not limited to ownership, copyrights, patents, trademarks, utility rights, design rights and other intellectual property rights, titles and interests in the App and the Services are expressly reserved and owned by Weathernews. Nothing contained herein shall be construed as granting to Supporters a license of these rights above.

Supporters hereby grants to Weathernews, without any charge, non-exclusive, royalty-free, perpetual, worldwide, sublicensable and transferrable license to use, exploit, reproduce, distribute, make, express and create derivative works of the information and data that Supporters posted, uploaded or transmitted, and related copyright, patent, trademark, and other intellectual property rights and ownership. This license will continue even after the Supporters would suspend or stop using the App or the Services or be terminated by Weathernews. Supporters also hereby agree not to exercise moral rights, including and not limited to author’s moral right, against us or any other person or entity who succeeded to the same from us.

Except as otherwise expressly provided by us, none of the contents may be copied, reproduced, republished, downloaded, displayed, transmitted or distributed by Supporters in any way and nothing in the App shall confer any license or sublicense of any rights of Weathernews, whether by estoppel, implication or otherwise.

Any rights not expressly granted herein are reserved by us.


PRIVACY POLICY


Please review our complete Privacy Policy found in the App to learn more about how we collect and use information provided by you via your access to the App and use of our Services.

In the event that Weathernews, or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, our databases containing contact information of Supporters may be one of the transferred assets. In using our Services, you consent to such transfer.

Weathernews shall disclose information provided by you to the extent required by law through subpoena, search warrant, court orders or other legal process or requirement or as necessary to protect the rights, property or safety of Weathernews or others.

You acknowledge that your email communications with us might not be secure, and that a third party could hack into the App and view any information you send by email in transit. Weathernews will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission.


WARRANTIES; DISCLAIMER


You represent and warrant to us that (i) you have the right to post, upload or transmit information or data to us, (ii) you will comply with all applicable laws, rules and regulations, and (iii) Submitted Materials will not contain any content that is obscene, libelous, or defamatory, false or misleading or which violates any copyright, right of privacy or publicity or right of any other person.

Your use of this App is at your own risk. If you are dissatisfied with the App or any contents, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the App. WEATHERNEWS DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES WEATHERNEWS WARRANT THAT ANY DEFECTS IN THE APP OR INACCURACIES IN THE CONTENTS WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE APP AND ALL OF THE WEATHERNEWS APP CONTENTS ARE PROVIDED TO YOU "AS IS". THE SERVICES ARE BASED ON INFORMATION CONSTANTLY CHANGING, SUCH AS WEATHER ANALYSIS INFORMATION, AND THE SERVICES INCLUDE VARIOUS UNKNOWABLE FACTORS. NONE OF WEATHERNEWS, ITS THIRD PARTY CONTENT PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF COMPLETENESS, ACCURACY, APPLICABILITY, EXPEDIENCY, USABILITY, SAFETY, OR CERTAINTY OF THE INFORMATION IN THE APP, INCLUDING BUT NOT LIMITED TO WRITINGS, PHOTOS, DATA AND OTHER INFORMATION THAT THE SUPPORTERS POSTED, UPLOADED OR TRANSMITTED.

ALSO, NONE OF WEATHERNEWS, ITS THIRD PARTY CONTENT PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE APP, ANY CONTENTS OR ANY PRODUCTS OR SERVICES PURCHASED, OBTAINED, TRANSPORTED, OR DEALED WITH, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE APP.

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP IS ASSUMED SOLELY BY YOU.

You specifically acknowledge and agree that Weathernews and its officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any Supporter. In addition, while we intend to take reasonable steps to prevent the introduction of viruses or other destructive materials to the App, we do not warrant, guarantee or make any representations that the App, or any contents made available through the use of the App, will be free of viruses or destructive materials and we shall not be liable, for any viruses or other destructive materials that may infect your computer equipment or other properties on use of the App or the server that makes it available, or your downloading of any contents from the App.


LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WEATHERNEWS AND ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, FUTURE OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WEATHERNEWS, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE APP OR THE SERVICES TRANSMITTING THE APP TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE APP TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE APP.

YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE APP AND AGREE NOT TO POST, UPLOAD, TRANSMITT OR OTHERWISE MAKE AVAILABLE ON THE APP ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.


PROHIBITE ACTIONS


When using the Services hereunder, Supporters may not conduct any of the following acts or any act that we determine falls under any of the followings:

  1. acts that violate any laws or regulations, court judgments or orders, or administrative orders that are legally binding;
  2. acts against public order and good morals;
  3. acts that infringe copyright, patent, trademark, and other intellectual property rights, right of likeness, privacy right, right to reputation, or any other rights or interests of Weathernews, other Supporters or other third parties;
  4. acts to transmit to other Supporters, through or with relation to the App, any of the followings or any transmissions that Weathernews determines include under any of the followings:
    - excessively violent or cruel content;
    - excessively indecent content;
    - content that could lead to discrimination regarding age, race, national origin, sex, religion, disability, genetic information, social status or family origin;
    - computer viruses, worms, or other hazardous computer programs or tools;
    - content that damages reputation or credit of Weathernews, other Supporters, or other third parties;
    - content that encourages suicide or self-mutilation;
    - content that induces or encourages drug abuse;
    - anti-social content;
    - content that harasses third parties, sexually or in other ways;
    - content that causes uncomfortable feelings to third parties;
  5. acts transmitting same or similar messages for the purpose of spamming anyone. Weathernews will determine what constitutes “spamming” based on new tricks or tactics by spammers, and other factors;
  6. acts attacking our network, servers, systems, including but not limited to placing an excessive burden on servers, acts trying to improperly control, damage, or manipulate our servers or Services by using BOT or any other technical tools or methods, or acts that threaten to interrupt the operation or function of the Services;
  7. acts to use Supporter ID or password of other Supporters or to pretend or impersonate other Supporters;
  8. acts of exploitation, advertisement, soliciting, marketing, or other activities for profit-oriented purposes (other than those we permit), or acts for the purpose of sexual intercourse or indecent activities;
  9. acts to collect, use, exploit or make public personal information of other Supporters, including information regarding history or tendencies using the Services, or other information of other Supporters;
  10. acts that aides, abets or encourages any of the acts above; and
  11. any other acts that Weathernews determines are improper.


TERMINATION AND RESTRICTION


We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the App at any time, without prior notice or liability, in the event of any of the followings:

  1. a Supporter fails to comply with any of the provisions hereof, including the prohibited actions provided in Article 11;
  2. any of the registration information is found to be false or untrue;
  3. a Supporter fails to respond to inquiries from Weathernews or other communication requiring its response for thirty days; and
  4. in addition to the foregoing, if we determined that it is not appropriate for a Supporter to use the Services.


MODIFICATION, TERMINATION AND SUSPENSION OF THE SERVIC1ES


We shall be entitled to at any time modify, terminate, or suspend the App or the Services, including but not limited to the availability of any feature, database, or contents, without prior notice or liability, in our sole discretion; provided, however, that such modification, termination and/or suspension shall be posted within the App, if possible.

We shall not be liable for any damages incurred by Supporters arising out of, or in connection with, any actions taken by us pursuant to this Article. We shall also not be liable for any damages incurred arising out of, or in connection with, a delay or trouble with regard to providing the whole or part of the Services.


AMENDMENTS


We reserve the right, in our discretion, to change or modify any or all of the Terms of Use at any time. In the event of any change or modification to the Terms of Use, we shall make it available in the App. If a Supporter uses the Services after such change or modification, the Supporter shall be deemed to have agreed to the change or modification.


MISCELLANEOUS


This Terms of Use is written in Japanese and English, but the original of this Terms of Use is the one written in Japanese. In case there is any conflict or variance between the two versions, only the Japanese version shall have a legal force and effect.

The Terms of Use constitute the entire agreement between the parties relating to the subject matter herein.

If any provision of this Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Failure by Weathernews, at any time, to use rights under this Terms of Use, or any delay to do so shall not be construed as a waiver of any right accruing under this Terms of Use, nor change this Terms of Use in any sense.

The Terms of Use shall be construed and governed in accordance with the laws of Japan, and Supporters and Weathernews irrevocably consent that any and all disputes arising out or or in connection with the Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF USE, PLEASE DISCONTINUE ACCESSING AND USING THE APP IMMEDIATELY.


Last Updated:December 3rd, 2013
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