THIS TERMS OF SERVICE (“AGREEMENT”) DESCRIBES THE TERMS AND CONDITIONS ON WHICH WE GRANT TO AN END USER (“YOU” OR “USER”) ACCESS TO APPS OF THE LOCAL WEATHER:LIVE&ACCURATE (“WE”, “US”, AND “OUR”) AND OTHER RELATED SERVICES (COLLECTIVELY THE “SERVICES”). BY ENTERING, USING, PLAYING OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THIS AGREEMENT (AS MAY BE AMENDED FROM TIME TO TIME). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE AND STOP ACCESSING THE SERVICES.

You must be at least 13 years of age to access and use the Services. If you are at least 13 years of age but below 18 years of age or such other age of majority required for this Agreement to be binding and enforceable against you and not voidable (“Age of Majority”), your parent or legal guardian must consent to your use of the Services.

1. TERMS OF AGREEMENT

(a) Terms of Agreement. Our offer to allow you to use and access our Service (as we may choose to provide from time to time) is conditioned upon your agreement to all of the terms and conditions contained in this Agreement. In order to access certain Services, you may be given “just-in-time” notices or otherwise notified that you are required to agree to additional terms and conditions applicable to such Services in which you choose to participate. If you do not agree, you should not access or use such Services. Such additional terms and conditions including the Rules of Conduct are hereby incorporated in this Agreement by reference. Your use of Services constitute your agreement to all such terms and conditions.

(b) Amendments. We may amend (such as update, modify or correct) this Agreement (including any additional terms and conditions applicable to any specific Services and the Rules of Conduct) at any time in our sole discretion by posting the amended Agreement on our website or within the Services. Amendments to the Agreement will be effective within three (3) days after posting of the amended Agreement. However, the amendments will not apply to any dispute of which we receive actual notice before the amended Agreement is in effect. Your use of Services after the amended Agreement comes into effect constitutes your agreement to the amended Agreement. You agree to check this Agreement (including the Rules of Conduct) before each use so you will be familiar with their content as amended from time to time. If you do not agree to the amended Agreement, immediately stop accessing the Services.

2. LICENSE TO USE

Subject to your agreement to and compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the Services (including the Software in connection with the Services) solely for your personal, non-commercial use to the Services in accordance with this Agreement.

We are entitled to immediately terminate this license, without any liability to you in the event of your any violation of the terms of this Agreement.

The Services comprise of content that belongs to us and/or our licensors and that are protected by copyright, trademark, and other intellectual property laws. We reserve all rights, including without limitation, intellectual property rights and other rights, in respect of the Services. You may not use the Services or the intellectual property comprised in the Services in a manner that constitutes an infringement of our or our licensors’ rights. You shall not create, modify, adapt, reverse engineer, recompile, reproduce, publish or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Services, or otherwise use the Software and Services except as may be expressly provided in this Agreement or to the extent permitted by law or relevant open source licenses.

Without prejudice to the generality of the foregoing, you shall not sublicense, rent, lease, loan, sell, auction, trade or otherwise transfer the Software for profit.

3. DESCRIPTION OF SERVICE

We may offer access to the Services through the Internet, other Local Weather: Live & Accurate branded websites, versions, Apps and third party services.

We reserve the right to change the URL address of the Web Site at any time without prior notice.

The Web Site, other Local Weather: Live & Accurate branded websites and any Apps and any software/client program that we make available comprising, for and/or in connection with the Services (“Software”) are an active part of the Services and any use of the foregoing is governed by this Agreement.

We do not represent, or warrant that the Services will be compatible with your browser or mobile device. In particular, we do not represent, or warrant that the App will be compatible with your mobile device.

It is your sole responsibility to ensure that you use compatible web browser, mobile device and other equipment and software to access and use the Services.

All fees incurred in accessing the Services shall be borne by you. In particular, please note that data charges may apply to your use of the App and for the avoidance of doubt, you are responsible for all data charges incurred in connection with the App. We do not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection and fees charged by a location providing such internet access such as a cyber café, hotel or arcade; or costs of the computer or mobile device or other hardware or software.

4. ACCESS TO SERVICES

(a) Eligibility. You must be at least 13 years of age to access and use the Services. If you are at least 13 years of age but below the Age of Majority, your parent or legal guardian must agree to your use of the Services.

(b) Right To Monitor and Remove Contents. You agree that we have the right to monitor, collect, use, remove, alter, suspend and disclose all such data, information and content as we, in our sole discretion, believe necessary or appropriate for provision of the Services, to investigate or resolve possible problems or inquiries, for any legal process, for compliance with any laws or regulations, to enforce the terms of this Agreement or in our good faith belief that it would aid in protecting the rights, property or safety of any person.

We further reserve the right in our sole discretion to remove, suspend or terminate any access through any content that we find objectionable for any reason, or in the event of any breach of any terms of this Agreement, without any prior notice, without any liability whatsoever.

5. OFFICIAL SERVICE

We have designed Services for use only as offered by us. You agree to use Services only as offered by us and not through any other means not approved by us. You further agree not to create or provide any other means through which Services may be accessed by others, such as through server simulators. You shall not attempt to gain unauthorized access to the Services, or computers, servers or networks connected to the Services, including without limitation by circumventing, manipulating or modifying any technological or security measures, devices or Software.

You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

6. CONTENT AND USER CONDUCT

(a) Content. You acknowledge that: (i) by using the App, Software and the Services you will have access to graphics, sound effects, music, animation-style video and text (collectively, “Content”), and (ii) Content may be provided under license by independent content providers, including text contributions from other Users (all such independent content providers shall hereinafter be referred to as “Content Providers”). We do not pre-screen Content as a matter of policy. We have the right, but not the obligation, to remove Content at any time at our sole discretion, in particular but without limitation any Content which we deem to be harmful, offensive, or otherwise in violation of this Agreement.

(b) Rights in Content. You acknowledge that we and Content Providers have rights in our respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with the use of the Services.

(c) Modification of the Software. All Users must use the Software provided by us. We periodically update the App and other Software, with or without notifying you and all Users are required to use the latest version of the Software. You agree that we may automatically upgrade the version of the Software that has been downloaded. You are strictly prohibited from modifying the Software.

(d) Exploitation of Program Bug. You are prohibited from exploiting any programming bugs in the Services, on the Web Site, and/or within our Services and system.

7. PRIVACY

(a) The personal information you provide us during registration is used for our internal purposes only. We use the information we have collected to learn what you like in order to improve the Services. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purposes relating to the Services, the Software, and any services or software which may in the future be provided by us or on our behalf.

(b) We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as we, in our sole discretion, believe necessary or appropriate for provision of the Services, to investigate or resolve possible problems or inquiries, for any legal process, for compliance with any laws or regulations, to enforce the terms of this Agreement or in our good faith belief that it would aid in protecting the rights, property or safety of any person.

(c) Please also see our Privacy Policy. Registration data and other information collected about or from you are subject to our Privacy Policy, the terms of which are incorporated herein. You should review our Privacy Policy to better understand how we collect and use data about you.

8. INTERRUPTION OF SERVICES

(a) We reserve the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.

(b) You acknowledge that the Services may be interrupted for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access the Services whenever you may wish to do so. In any event, we shall not be liable for any interruption of the Services arising from unforeseen circumstances or causes beyond our reasonable control, including without limitation acts of God, acts or regulations of government, military authorities and political interferences with our activities, network, server or infrastructure failures or shortages of labor, fuel, energy or technological facilities.

9. DISCLAIMER OF WARRANTIES

WE PROVIDE THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, AND ALL OTHER SERVICES ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, OR OTHER SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, OR OTHER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, OR OTHER SERVICES WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR ANY OTHER SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULARLY TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, AND ALL OTHER SERVICES. YOU SHOULD NOT USE THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, OR ANY OTHER SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. WE DO NOT WARRANT OR REPRESENT THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. WE ARE NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES OR FOR ANY FOUL/UNFAIR PLAY OR ANY BREACH OF THIS AGREEMENT BY ANY USER OR LOSS OF IN-APP RESOURCES OR RECORDS OR OTHER DATA (IN PARTICULAR BUT WITHOUT LIMITATION FOR LOSS OF IN-APP RESOURCES PURSUANT TO ANY PROHIBITED TRADING ACTIVITES).

10. LIMITATION OF LIABILITY

(a) THE MAXIMUM AMOUNT OF OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE FEES PAID BY YOU TO US IN AND WITHIN THE SAME MONTH OF THE EVENT FROM WHICH SUCH LIABILITY ARISES. IN NO EVENT SHALL WE, OR ANY OF OUR JOINT VENTURES, RELATED CORPORATIONS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR ANY OTHER SERVICES OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR.

(b) You agree to release us and the Local Weather: Live & Accurate Team from any and all liabilities related to any computer virus infection to your device, whether it is through our server or third party activities.

(c) To the fullest extent permissible under any applicable law, unless otherwise expressly provided herein, you agree that we will not be held responsible or liable for anything that occurs or results from accessing or using the Services (including without limitation any loss, costs, damages, claims, actions or liability arising from any breach of this Agreement or other acts by any User or other person or any deletion or removal of any Content or from the use, access and use of the Services and In-App Resources) and you agree to release us from, and waive and not assert any claims you may have against us under any law of every kind and nature, whether known or unknown, suspected or unsuspected, fixed or contingent, arising out of or in any way related to any of the Services.

(e) Notwithstanding any other provision in this Agreement, we shall not be liable for any delay or failure to perform any of our obligations under this Agreement or otherwise for any loss, costs, damages, claims, actions or liability arising from unforeseen circumstances or causes beyond our reasonable control, including without limitation acts of God, acts or regulations of government, military authorities and political interferences with our activities, network, server or infrastructure failures or shortages of labor, fuel, energy or technological facilities. Notwithstanding any other provision in this Agreement, we shall be excused from any delay or failure to perform arising from unforeseen circumstances or causes beyond our reasonable control and any such delay or failure shall not be a breach by us of our obligations under this Agreement.

(e) You agree that the disclaimers, limitation of liability, releases, waivers contained in this Agreement shall apply to the fullest extent permitted by any applicable law. If you are a California resident, you hereby waive your rights under the California Civil Code section 1542 that provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Residents of other jurisdictions waive any similar rights under applicable and/or analogous laws.

(f) Notwithstanding the foregoing, the exclusion of certain warranties or the limitation or exclusion of liability may not be permitted by relevant laws in certain instances. Therefore, some of the limitations herein may not apply to you. In particular, nothing herein shall affect the statutory rights granted to consumers or restrict any liability for death or personal injury arising from our negligence or fraud.

11. UNCENSORED INFORMATION AND THIRD PARTIES

Our linking to such third-party sites or tie-up with third parties for the provision of the Services does not imply an endorsement, guarantee, approval or sponsorship of such third parties, or the information, products or services offered by or through such third parties. We do not warrant that the third-party sites or their client programs will not contain viruses or otherwise impact your computer. In addition, we do not control in any respect any information, products or services that third parties may provide or their business practices and policies.

YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY THIRD PARTIES.

IN NO EVENT SHALL WE BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO THE CONDUCT OF ANY THIRD PARTY OR ANY MATERIALS, INFORMATION, PRODUCTS AND SERVICES FROM THIRD PARTIES, WHETHER SUCH THIRD PARTIES ARE OTHER USERS OR THIRD PARTY SERVICE PROVIDERS, VENDORS OR OPERATORS OF EXTERNAL SITES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE SERVICES AND INTERNET GENERALLY INCLDUING WITHOUT LIMITATION ANY OBLIGATIONS INCURRED IN YOUR DEALINGS WITH ANY THIRD PARTIES. WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH HYPERLINKS OR IN ANY OTHER FORMS AND ANY OTHER THIRD PARTY PRODUCTS AND SERVICES.

12. INDEMNIFICATION

AT OUR REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, THE LOCAL WEATHER:LIVE&ACCURATE GROUP, OUR LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER USERS OF THE SERVICES, FROM ALL DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS ON A FULL INDEMNITY BASIS, WHICH WE, OUR LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER USERS MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OR MISUSE OF THE SOFTWARE, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR ANY OTHER SERVICES OR ANY BREACH OF THIS AGREEMENT BY YOU.

YOU AGREE THAT WE SHALL NOT BE OBLIGED TO BUT SHALL BE ENTITLED TO, AT YOUR EXPENSE, ASSUME THE DEFENCE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO PROVIDE YOUR FULL CO-OPERATION AND ASSITANCE IN ANY SUCH CLAIMS, ACTIONS OR PROCEEDIINGS.

13. TERMINATION

(a) We may suspend your access to the Services for an indefinite period of time, terminate your access and/or terminate this Agreement (including your license to the Services, Software and other services) immediately and without notice if you breach this Agreement or if we, in our sole discretion, believe you to have willfully infringed any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon use, or any user activity whatsoever which is, in our sole discretion, inappropriate, an abuse and/or in violation of the spirit of Services and other services (including without limitation the circumvention or manipulation of any term of this Agreement). We reserve the right to seek further legal remedies against you.

(b) You acknowledge that we reserve the right to take action (in our sole discretion) including but without limitation, to interrupt, suspend or terminate our Services to you, without prior notice, if you violated any term of this Agreement.

14. GENERAL PROVISIONS

If we should at any time choose to provide you with a translation of the English language version of this Agreement, you agree that such translation is provided for your information only and does not amend this English version. In the event of any conflict between a translation of this Agreement and the English version, the English version shall prevail. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without our prior written permission. We may assign, transfer, sub-contract and/or sub-license the rights and obligations under this Agreement to any party at any time, without your prior written consent. This Agreement sets forth the entire understanding and agreement between us and you with respect to us, the Services, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. All notice given by you or required under this Agreement shall through in-app feedback function channel, and are effective on the date received.

15. Contact Us

If you have any questions or concerns about this Terms of Service, you may contact us at email: help@hlimate.com