1. Your Acceptance
, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
2. AhahWeather Service
These Terms of Service apply to all users of the AhahWeather Service.
Information provided by our users through the AhahWeather Service may contain location data and / or data that are not owned or controlled by AhahWeather. By using the Service, you expressly acknowledge and agree that AhahWeather shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
The service exposes a PUBLIC system to obtain forecast information provided location in form of latitude and longitude or city name.
3. AhahWeather Access
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders", "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the AhahWeather servers in a given period of time than a human can reasonably produce in the same period by using the AhahWeather application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, AhahWeather grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AhahWeather reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by AhahWeather clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.
4. Intellectual Property Rights
The Service is provided to you AS IS for your information and personal use only.
AhahWeather reserves all rights not expressly granted in and to the Service.
You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein for any commercial purposes.
All contents requested are publicly accessible and the Service will unconditionally and irrevocabily remove them without notice.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AHAHWEATHER SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AHAHWEATHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. AHAHWEATHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) 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 THE AHAHWEATHER SERVICE. AHAHWEATHER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AHAHWEATHER SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN OTHER ADVERTISING, AND AHAHWEATHER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
6. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT AHAHWEATHER SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is offered by AhahWeather from its paid providers (OVH) in France. AhahWeather makes no representations that the AhahWeather Service is appropriate or available for use in other locations. Those who access or use the AhahWeather Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless AhahWeather, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the AhahWeather Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the AhahWeather Service.
8. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the AhahWeather Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the AhahWeather Service. Gioacchino De Fusco is the developer of the Service, with an address at Via Anime Sante, 49, Ceccano, FR, Italy, info at gdverse.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AhahWeather without restriction.
and any other legal notices published by AhahWeather, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and AhahWeather concerning the AhahWeather Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and AhahWeather's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. AhahWeather reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the AhahWeather Service. Your continued use of the AhahWeather Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND AHAHWEATHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AHAHWEATHER SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Information AhahWeather Collects
AhahWeather may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
Cookies Information: When you visit the AhahWeather Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. AhahWeather uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the AhahWeather Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the AhahWeather Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser. When you use the AhahWeather Service, our servers log certain general information and no personal data is stored.
The Information AhahWeather Does Not Collect
AhahWeather does not collect emails, addresses or other contact information from its users. We do not collect location data, but users may voluntarily submit their location via the AhahWeather Service.
The contents of responses that have been delivered by the AhahWeather Service are not copied, kept or archived by AhahWeather in the normal course of business. The AhahWeather Service is meant to be a weather forecast service. Users select their location / city, which are sent via data service to our servers, and receive weather forecast data of that location. The response is then cached for future reuse on the same location / city for two (2) hours, then deleted from our servers. Files that are requested through the AhahWeather Service will reside on our servers after delivery for a short period of time.
The Way AhahWeather Uses Information
We may use non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the AhahWeather Site and AhahWeather Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we'll be able to improve the AhahWeather Site and Service.
When AhahWeather Discloses Information
We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the AhahWeather Site. We may collect and release non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. AhahWeather also reserves the right to disclose non-personally-identifiable information that AhahWeather believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the AhahWeather Site or our servers, and to protect the rights, property, or personal safety of AhahWeather, our users or others.
Third-party Advertisers, Links to Other Sites
We are not fans of advertising. AhahWeather is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.
Our Commitment To Data Security
AhahWeather uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to AhahWeather and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit requests through the AhahWeather Service is never recommended. Once we receive your transmission of information, AhahWeather makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If AhahWeather learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. AhahWeather may post a notice on the AhahWeather Site or through the AhahWeather Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, AhahWeather does not knowingly collect or maintain non-personally-identifiable information on the AhahWeather Site or AhahWeather Service from persons under 18 years of age, and no part of the AhahWeather Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the AhahWeather Service or access the AhahWeather Site at any time or in any manner.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that AhahWeather is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified June 25th, 2018