Terms of Service

Date of Last Revision: April 14, 2024

Acceptance of Terms.

These Terms of Service ("TOS") govern your use of:

  • the InWeatherTomorrow website at www.inweathertomorrow.com ("Site"); or
  • any other services, features, tools, software, or applications provided by or through the Site, including the InWeatherTomorrow browser plug-in and the InWeatherTomorrow Application for the Apple® iPhone®, iPod touch® and iPadTM (collectively "Services").

By using the Site or Services, you agree to these TOS.

Additional Terms

Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.

Permission to Use the Site and the Services

You can access the Site or Services for personal, non-commercial purposes only, as long as you comply with all terms in this TOS and any applicable Additional Terms. By using the Site or Services, you agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works from any part of the Site or Services.

You're allowed to link to the Site from your website, as long as it doesn't imply endorsement by or association with InWeatherTomorrow. Please note that we may, at our discretion and without notice, stop providing any part of the Site or Services.

Currently, there's no charge for downloading or using the InWeatherTomorrow Application for the Apple® iPhoneTM ("InWeatherTomorrow Application"). However, depending on your service plan and your mobile carrier or Internet provider, you may incur charges for downloading the InWeatherTomorrow Application or using your mobile phone with the InWeatherTomorrow Application.

User Conduct

Through your use of the Site or the Services, you agree that you will not:

  • Do not break any laws or regulations.
  • Do not violate or infringe on someone else's intellectual property, privacy, publicity rights, or other legal rights.
  • Do not transmit illegal, abusive, harassing, reputation-harming, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable content.
  • Do not send unsolicited or unauthorized advertising or commercial communications (spam).
  • Do not send malicious or unsolicited software.
  • Do not stalk, harass, or harm others.
  • Do not impersonate or falsely represent your affiliation with someone else.
  • Do not use the Site or Services for non-personal or commercial purposes, or for the benefit of any third party, or charge anyone for using them.
  • Do not use the Site or Services to access or view content that violates age recommendations or other restrictions.
  • Do not use any methods to "scrape," "crawl," or "spider" Web pages on the Site, except for public search engines indexing materials for creating publicly available searchable indices.
  • Do not use automated methods that send more requests to our servers than a human using a regular Web browser could reasonably produce in the same time frame.
  • Do not interfere with or disrupt the Site or Services.
User Contributions

InWeatherTomorrow does not assert ownership over (a) any profile information, comments, tags, ratings, chat messages, or other content that you post, upload, or transmit to InWeatherTomorrow through the Site or Services (referred to collectively as "Posts"); or (b) any software applications or widgets developed using the InWeatherTomorrow API (referred to as "Widgets"). However, we reserve the right to remove any User Contribution (comprising Posts or Widgets) that violates this TOS, any applicable Additional Terms, or is deemed objectionable at our sole discretion.

You acknowledge that you are solely responsible for any User Contribution you make on the Site or Services. This includes ensuring accuracy, reliability, rights clearance, and compliance with legal requirements associated with your User Contribution. User Contributions are not treated as confidential and may be used by us or our affiliates without compensation or liability, including for product development, manufacturing, and marketing purposes.

You grant InWeatherTomorrow Acquisition LLC ("InWeatherTomorrow") and its affiliates a worldwide, non-exclusive, fully-paid, royalty-free, sublicensable, and transferable license to use, copy, distribute, transmit, modify, create derivative works, publicly display, and perform your User Contribution in connection with the Site or Services. We may display ads with your User Contribution and use it to promote InWeatherTomorrow, the Site, or Services. You retain the right to use your User Contribution for your own purposes or allow others to use it. Our license to your User Contribution is perpetual and royalty-free.

By submitting any User Contribution, you confirm that you have the necessary permissions to grant these licenses.

Privacy Policy

We respect your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.

Third-Party Content

Each contributor to the Site or Services, including those providing data, text, images, sounds, videos, software, and other materials (including third-party licensors of audio-visual content and User Contributions), is responsible for ensuring the accuracy, reliability, nature, rights clearance, and compliance with legal requirements of their contributions. We do not regularly monitor or verify the accuracy, reliability, nature, rights clearance, or legal compliance of such contributions.

You understand that all title and intellectual property rights to third-party trademarks, logos, photographs, images, audio-visual content, programming, advertising, and other intellectual property on the Site or Services belong to their respective third-party owners, including content owners or advertisers. These rights are protected by copyright, trademark, or other intellectual property laws and treaties. You do not receive any commercial, sale, resale, reproduction, distribution, or promotional use rights for such third-party intellectual property, including rights requiring synchronization or public performance licenses for underlying musical compositions. Unauthorized reproduction or distribution of third-party intellectual property, including content, programming, advertising, services, or features on the Site or Services, is prohibited by law.

The Site and Services may include links to third-party text and video feeds, websites, offers, software applications, widgets developed by third parties using the InWeatherTomorrow API, and embedded content on blogs, websites, or web pages. These third-party links, feeds, blogs, websites, and widgets are not owned or controlled by us but are operated by and belong to their respective third-party owners. We are not responsible for their content, functionality, security, services, privacy policies, or other practices. You should review the terms and policies published by these third parties. We are not liable for your use of third-party feeds, websites, widgets, or embedding of Site or Services content on third-party platforms. We may disable or remove third-party links, feeds, or widgets if they violate this TOS or any Additional Terms.

Making Claims of Copyright Infringement

We value and uphold the intellectual property rights of others and expect our users to do the same. If you believe that your work, as displayed or distributed on the Site or Services, has been copied in a manner that constitutes copyright infringement, please contact our Copyright Agent.

To file a notification of claimed infringement, please provide a written communication containing the following:

  • Identification of the copyrighted work claimed to be infringed, or a representative list of such works if multiple works are involved.
  • Identification of the allegedly infringing material and sufficient information to locate it on the Site or Services.
  • Your contact information, including address, phone number, and email address if available.
  • A statement from you affirming that you have a good faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law.
  • A statement under penalty of perjury that the information in your notification is accurate and that you are the copyright owner or authorized to act on their behalf.
  • Your physical or electronic signature.

The Copyright Agent will only respond to any claims involving alleged copyright infringement. Copyright Agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).

InWeatherTomorrow Feeds

You are allowed to use InWeatherTomorrow RSS feeds solely for your personal, non-commercial use. You must not charge a fee or require users to purchase products or services to access or view the feeds.

Your use of the feeds should include a functional link that allows immediate display of the full article or post on your platform, as specified in the feed. Proper attribution to InWeatherTomorrow as the source is required.

By using InWeatherTomorrow RSS feeds, you agree not to violate these terms. We reserve the right to discontinue any or all feeds at any time and may require you to stop using a feed or prevent your access to the Site or Services if necessary.

Please note that this section applies specifically to InWeatherTomorrow's own RSS feeds and not to the third-party feeds mentioned in section 8 above.

Disclaimer and Limitation of Our Liability

USING THE SITE AND SERVICES IS DONE AT YOUR OWN RISK, AS THEY ARE PROVIDED "AS IS" AND "AS AVAILABLE." InWeatherTomorrow AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

SPECIFICALLY, InWeatherTomorrow AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON THE SITE OR SERVICES, INCLUDING USER CONTRIBUTIONS OR THIRD-PARTY CONTENT, OR THE CONTENT OF LINKED WEBSITES OR RESOURCES. InWeatherTomorrow AND ITS AFFILIATES WILL NOT BE LIABLE FOR ERRORS, PERSONAL INJURY, UNAUTHORIZED ACCESS TO SERVERS OR PERSONAL INFORMATION, INTERRUPTIONS IN TRANSMISSION, VIRUSES, OR ANY LOSS OR DAMAGE RESULTING FROM USING CONTENT ON THE SITE OR SERVICES.

InWeatherTomorrow AND ITS AFFILIATES DO NOT ENDORSE OR GUARANTEE ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES ON THE SITE OR SERVICES OR LINKED WEBSITES.

YOU UNDERSTAND AND ACCEPT THAT DOWNLOADING MATERIAL OR INFORMATION FROM THE SITE OR SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE. ANY ADVICE OR INFORMATION OBTAINED FROM InWeatherTomorrow OR THE SITE DOES NOT CREATE ANY WARRANTY BEYOND WHAT IS EXPRESSLY STATED IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER InWeatherTomorrow NOR ITS AFFILIATES WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THEY WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not allow certain warranties to be excluded or liability to be limited, so some of the above disclaimers and limitations may not apply to you. In such cases, InWeatherTomorrow's liability will be limited to the minimum extent permitted by law.

Indemnification

InWeatherTomorrow shall not be liable for any delay or failure in performance due to acts of nature or other causes beyond its reasonable control.

These terms of service (TOS) will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.

You agree that any legal action arising from or related to these TOS, the Site, or any Services will be brought exclusively in the state or federal courts of [Los Angeles] County, California. You consent to the jurisdiction of these courts for such actions.

If any provision of these TOS is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

The failure of InWeatherTomorrow to enforce any right or provision in these TOS does not waive its right to enforce such provisions in the future.

InWeatherTomorrow may assign its rights and obligations under these TOS, including in connection with mergers, acquisitions, asset sales, or by operation of law.

Changes to TOS

Occasionally, we may update these terms of service (TOS). If there are changes to the TOS, we will notify you by posting the revised version on the Site. The updated terms will take effect on the Revision Date indicated in the revised TOS. Your continued use of our Site or Services signifies your agreement to the revised TOS.