Acceptable Use Policy.You agree not to use the Datameteo-LRC SERVIZI Srl abbreviated as Datamneteo Site, Products or services to:upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;harm minors in any way; impersonate any person or entity, including, but not limited to, an Datameteo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, entities or persons (spoofs);upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' 'phishing' or any other form of solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with Datameteo;upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;interfere with or disrupt Datameteo or servers or networks connected to Datameteo, or disobey any requirements, procedures, policies or regulations of networks connected to Datameteo;'stalk' or otherwise harass another; collect or store Personally Identifiable Information about other users;promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating 'Crush' sites;use your access or Datameteo-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Datameteo Site, without express written permission from Datameteo;use the Site to engage in commercial activities without enrolling in Datameteo-approved programs, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites, use the Site to provide access to the Site for other persons through use of Subscriber's User Name and Password;tamper in any way with the Products or functionality of the Site, such as placing on the site material which contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on the Site.Datameteo EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY SUBSCRIBERS OR OTHER USERS OF THE SITE.
Notice Specific To Products Available On This Website. Permission to use Products from this Site is granted, provided that (1) any resident copyright notices appear in all copies and that both the copyright notice and this permission notice appear, (2) use of such Products from this Site is for Subscriber use only and will not be copied or posted on any network computer or broadcast in any media absent an express written agreement with Datameteo, (3) the Products shall not be used on data outside of this Site absent an express written agreement with Datameteo and shall be in compliance with the End User License Agreement; (4) no unauthorized modifications of any Products are made; (5) to the extent modifications are made, a notice of modification including the subject matter of modification appear with the modified Products; and (6) any use of Provider Products is consistent with any applicable Provider Terms. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Subject to Datameteo's Privacy Statement, or where expressly provided otherwise by Datameteo, all comments, feedback, information or materials submitted to Datameteo through or in association with this Site shall be considered non-confidential and Property of Datameteo. By submitting such comments, feedback, information or materials to Datameteo, you agree to a fee-free assignment to Datameteo of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Datameteo shall be free to use such comments, feedback, information or materials on an unrestricted basis. FOR YOUR CONVENIENCE, Datameteo MAY MAKE AVAILABLE ON THIS SITE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Datameteo DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN Datameteo PRODUCTS.Products, as specified above, do not include original user content hosted on this Site, the design or layout of the Site or any other Datameteo owned, operated, licensed or controlled site. Elements of the Site are protected by copyright, patent, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Site may be copied or retransmitted unless expressly permitted by Datameteo, its Providers, or the originating user associated with original user content displayed on this Web site.Additional Products and Services. Certain services, in addition to those described in this Agreement, or as offered by Datameteo through other product licenses and/or service agreements, including, but not limited to, Datameteo.com Desktop, RadarPlus, Datameteo.com Messenger, Datameteo.com Wireless, and others may be made available as part of, or through this Site, by Providers, or by Datameteo, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products and/or service(s) ('Provider Terms'). Any Provider Terms are in addition to these Terms and Conditions, and apply only to that Provider's service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from Datameteo without additional Provider Terms, these Terms and Conditions shall apply. TO THE EXTENT THAT Datameteo SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER Datameteo AGREEMENTS. Additional Provider Terms for any products or services provided with Datameteo registration may be made available through the Site via hyperlinks and are applicable should you choose to use their products or services.
Disclaimer. Datameteo makes no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, graphics, data, briefings or information comprising the Site, products or services state, represent or depict and Datameteo shall have no responsibility or liability whatsoever to Subscriber or any other person or entity, parties and nonparties alike, for any inconsistency, inaccuracy or omission for weather or events predicted or depicted, reported, occurring or occurred. There may be times when data or services from third parties that Datameteo normally uses as all or a part of the basis of its forecasts, graphic, or other products, information, and services is unavailable or disregarded and Datameteo shall have the right to continue to issue such products, information and services without informing the end user of the changed basis or source of such products, information, or services and to change sources from time to time. Web-based and Mobile/wireless services are dependent upon open communications networks provided by third parties, and Datameteo is not responsible for lack of services due to communications network outages. SUBSCRIBER IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, AND ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. SUBSCRIBER SHOULD KEEP ADVISED OF SAME. SUBSCRIBER AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. Datameteo makes no warranty or representation with respect to any Provider products or materials. Subscriber is advised and informed that content provided or accessed through the Site in association with wireless weather information services is not provided by, the responsibility of, nor within the control of, any mobile/wireless communications carriers, internet service providers, or internet storefronts.
No Warranties/Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY ACCU WEATHER ON AN 'AS IS' BASIS. DATAMETEO ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCU WEATHER AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE TOOLBAR(S) AND OTHER PRODUCTS MADE AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. ACCU WEATHER AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCU WEATHER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF Datameteo AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY SUBSCRIBER TO Datameteo UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
Indemnification. Subscriber hereby agrees that it will well and truly indemnify and save harmless Datameteo and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which Datameteo or its Providers may sustain by reason of Subscriber's use of this Site, Subscriber's breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against Datameteo arising from these Terms and Conditions.Export Controls. This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the U.S.A., and any amendment thereof. Subscriber acknowledges that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology.
Third Party Sites and Providers. This site may link, redirect, connect, 'frame', utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others ('Providers'). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the Datameteo Products and services you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of Datameteo. This may occur with or without your knowledge and although the visual representation on your screen may appear to be an Datameteo website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of Datameteo. You acknowledge that Datameteo is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. Datameteo is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. Datameteo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Datameteo, nor has Datameteo independently authenticated products or materials provided by Providers.
Parental Control Protections.We have the legal obligation to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at www.netparents.org.
Modifications. Datameteo trade mark of LRC SERVIZI Srl may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. Datameteo has the right at any time to modify or cancel any feature or functionality of the Site, including hours of availability, content, applications, and equipment requirements for use with the Products and/or services, and Datameteo reserves the right to suspend or terminate access to this Site and/or the Products and/or services provided without prior notice in the event you, the Subscriber, is in violation of these terms of use, or for scheduled or unscheduled support and maintenance on the Site.
Terms of Service. These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber without the express written permission of Datameteo, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and Subscriber's rights will be terminated. You may terminate these Terms and Conditions by destroying, removing or obliterating the Products and all copies thereof, and certifying as such to Datameteo. Datameteo may terminate your right to use the Site and its Products and services upon the breach by you of any provision contained in these Terms and Conditions, any applicable Provider Terms, Subscription Terms, the End User License Agreement, or the Privacy Statement governing this Site and downloaded Products. Upon such termination by Datameteo, you agree to certify the destruction, removal or obliteration of the Products and all copies thereof to Datameteo.
Notice. Posting of notice(s) on the Site by Datameteo shall constitute notice to Subscriber. Written notice of termination and requests for credit (as applicable - see Subscription Terms) shall be provided in the following manner: email notification to info@datameteo.it or facsimile notification at +39 0171943284, attn: Webmaster. No credits or refunds are available for cancellation of monthly wireless services.
Choice of Laws / Jurisdiction. This Agreement is governed by the laws of Italy Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of said Courts located within Italy, and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Italy law.
Subscription Terms. Subscriber agrees to pay to Datameteo the fees stated or as specified from time to time for various fee-based Products and services available by or through Datameteo, and Subscribers are responsible for promptly paying for Datameteo Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site.Charges will be calculated based upon the subscription package selected, and are applicable to the current version of the package selected. Upgrades related to Haardware changes or new releases may be subject to additional charges. 'Lifetime' subscription packages relate only to the Products initially downloaded or accessed by the Subscriber, and do not extend to upgrades to the Products or different Hardware. Datameteo reserves the right to discontinue and/or cancel Lifetime Subscriptions for wireless Products, so long as Datameteo provides the Subscriber a free upgrade to a different Product for
Subscribers wireless device.Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent per month. Fees may be prorated for portions of months. Use of the service beyond the free time or without proper authorization will result in charges to billing or credit card account. Fees and payment terms therefore are subject to change upon Notice by Datameteo to Subscriber.Packages, once purchased, are nonrefundable, regardless of use or lack of use by Subscriber. Absolutely no credits or refunds are available for month-to-month or one-time fee-based services, including, without limitation, mobile/wireless service packages. Once a charge has been processed to a Subscriber's credit card or wireless account, the Subscriber shall not request his or her credit card or mobile carrier company to reverse the charge or charge it back to Datameteo. If Subscriber has a legitimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from Datameteo by written notice and resolve the issue directly with Datameteo. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against Datameteo shall be reimposed by Datameteo upon Subscriber. Such costs may exceed the cost of the reversed item or charge back by many times.
Renewal Terms. Monthly subscription packages shall continue to renew monthly until proper termination notification is received from Subscriber. Upon expiration of subscription period for any 6 Month Special and One Year Supersaver packages, Subscribers will be renewed on monthly subscription terms unless proper termination notification is received from Subscriber.LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN. Prior versions of this document can be found here.ENTIRE AGREEMENT. THESE TERMS OF USE, TOGETHER WITH ANY End User License Agreement, Subscription Terms, PROVIDER TERMS, AND/OR ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PRODUCTS (WHERE APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. These Terms and Conditions may only be modified in writing by Datameteo. |
