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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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:
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.
Last Updated:December 3rd, 2013