Lade...

GENERAL TERMS AND CONDITIONS

 

General Terms of Use for MeteoMap.cloud Websites

 

Part 1: Scope of application

This website is an internet service of MeteoMap.cloud, Stoeckliweg 1, 4556 Bolken (Switzerland). The following General Terms of Use (GTC) apply to any use of the online services of MeteoMap.cloud, hereafter referred to as the "Provider", and the users of the online services, hereafter referred to as the "Users". By accepting or using the services of this website, the user accepts the General Terms of Use (GTC) in any case. 

1.2 Further General Terms and Conditions, more specific provisions
The General Terms and Conditions apply to all one-time and ongoing services, insofar as no more specific regulations intervene.

1.3 General Terms and Conditions of Users
Terms and Conditions of the User that contradict or deviate from these General Terms and Conditions shall not apply.

1.4 Cooperation partners
We also point out that, insofar as online services are clearly provided by cooperation partners, their general terms and conditions shall have priority.

1.5 The general terms and conditions as well as all changes are available on the Internet and can be printed out.  


Part 2: Generally understandable area - non-legal

 

2.1 Data

2.1.1 The data supplied shall always belong to you. MeteoMap.cloud does NOT sell them to third parties

2.2 Operation 

2.2.1 We shall endeavour to operate the system as stable as possible. However, we are also powerless against technical failures, especially since the cloud server is operated in an external computer center. Should failures occur despite all precautions and clean planning, data gaps will occur. Please note that we do not offer a highly redundant system - the subscription costs would be many times higher.  

2.2.2 This system has been programmed with passion, commitment and diligence. The operators are neither profit-oriented nor are they committed to third parties. Thus, we are anxious to operate this system also in such a way. If for any reason the continuation for the foundation team should not be possible any more, we will engage ourselves for suitable replacement and the continued operation. Your weather homepage does not face a sudden end.  

2.2.3 Mistakes can be everywhere. If one of these occurs, we are happy about constructive contributions in the forum. We will try to fix it as soon as possible - but also we can NOT do magic.  

2.2.4 We also accept ideas and expansion suggestions in the forum area. The urgency can then be discussed together with the other participants and any expansion and funding planned.  


2.3 Pictures

2.3.1 By confirming these GTC, you undertake to publish only image material which belongs to you or for which you have permissions or rights of use (station image, webcam images).

So, and now follows the German Lawyers. Must unfortunately be.

 

Part 3: Use of free services on the provider's websites

3.1 Contents  

3.1.1 The contents of this website are in principle freely accessible to anyone, but the following General Terms of Use ( GTC) shall apply. The registration of the user is required for certain contents.  

3.1.2 The provider is free in the design of the content and is entitled at any time to change, restrict, expand or discontinue its service. The user further acknowledges that the services of this website are offered with the inclusion of advertising and third party network operators.  

The availability of the services is therefore also dependent on the technical provision of external network services. There are no claims for further operation, but also no claims from a restriction of the services of this website. The provider reserves the right, to change, discontinue, restrict to certain user groups or provide services against payment - even without prior notice. The user can - without giving reasons - be excluded from using individual or all services at any time.  

3.1.3 The Internet pages are not directed at persons in countries who prohibit the provision or calling up of the content posted therein. Each user is responsible to inform himself about any restrictions before calling up this website and to comply with them.

3.1.4 The provider endeavours to provide its services in the best quality, but can only do so in accordance with the existing technical, economic, operational and organizational possibilities. The provider expressly assumes no liability - neither expressly nor tacitly - for the correctness, completeness, reliability and relevance as well as for the usefulness of the retrieved contributions to the user.  

3.1.5 The provider will eliminate more than insignificant disturbances and errors as quickly as possible and will endeavour to eliminate insignificant impairments within a reasonable period of time. The provider will endeavour to keep the service accessible at all times. However, the user has no claim to the constant availability and freedom from disturbances of the service of the provider.  


3.2 Scope of use

3.2.1 The user is entitled to use the services of the provider at his own risk and expense and is obliged to use only suitable technical devices such as computers, modems etc.. The user must bear his own transmission fees. Access is free of charge unless otherwise stated.  

With certain services of the web pages of the offerer the majority and maturity of the user is presumed. Here the user must be at least 18 years old to be allowed to access and view such areas.

3.2.2 The user acknowledges that the services offered contain services protected by copyright. A violation of these copyrights can be prosecuted in criminal and civil court.  

If the national regulations applicable to the user do not provide otherwise, the user is entitled to use the provided contribution including all graphics, photos, logos, designs etc. for private purposes and to copy it into the main memory of his computer. Downloading for private purposes and temporary storage for private purposes on a computer or screen are permitted. The user is only entitled to produce copies (e.g. printout of web pages or of the respective contribution) for private purposes. In addition, the user may use the retrieved contributions exclusively for his own use. These authorisations shall only apply if protective notices (copyright notices and similar notices) and reproductions of trademarks and names remain unchanged in the copies.

3.2.3 Archiving is only permitted with the following specifications: The collection may only be used for the private and internal purposes of the archivist, i.e. exclusively to secure the holdings and for so-called internal use;

 
  • the archive must not be accessible to third parties;
  • it may also not be used to make copies for third parties;
  • it may not lead to any additional exploitation of the works.
 

3.2.4 All other uses (including but not limited to reproduction for commercial purposes including archiving, transfer to or processing by third parties for their own or third party purposes or for public reproduction as well as translation, editing, arrangement or other reworking) require the prior written consent of the provider.

3.2.5 The user may not remove the copyright notices, trademarks and other legal reservations in the data. He is obliged to ensure the recognition of authorship.

3.3 Liability 

3.3.1 The services offered by the provider are designed to meet the requirements and needs of the general public. The provider assumes no guarantee and liability for the accuracy, timeliness, accuracy or completeness of the content of the services offered or for a particular usability. The provider is not liable to the user for any interruptions, disturbances, delays, deletions, false transmissions or a memory failure in connection with the use of services or communication with the user. The use of the services provided, in particular any data transmission, is at the risk of the user. Before transmitting data, the user must inform himself about the compatibility of his computer system with the data provided by the provider for transmission. The provider excludes liability for malfunctions and damage to the user's or a third party's computer systems caused by data transmission.  

3.3.2 The liability of the provider and his employees, contractors or other vicarious agents ("people") is limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury and damage to items which the provider has accepted for processing. As far as the liability of the provider is excluded or limited, this also applies to the personal liability of his people.  

3.3.3 The provider does not guarantee that the services used by users are free of third-party rights, in particular copyrights, exploitation rights, trademark rights or other rights of use. Liability for any resulting damages is excluded.  

3.3.4 The provider is not liable for the behavior of users or third parties or for contents or declarations which are kept retrievable by users or other third parties within the scope of the services. The provider has no obligation to monitor the processes; this obligation only occurs when the provider becomes aware of illegal content.     

Any obligation to remedy the defect shall only become effective after a reasonable period of time for inspection and remedy has elapsed.

3.3.5 The Provider assumes no liability for the freedom from viruses and other harmful programs, such as Trojans, Spyware and the like, and recommends to the User the installation of suitable protection programs and the regular update of such programs.  


3.4 Links

Hyperlinks to websites operated by the provider may only be set with the written consent of the provider, which may be revoked at any time. The setting of frame and inline links is prohibited in any case.  

A link to websites of third parties represents an additional service for the user. The inclusion of a website mediated or operated by a third party on the online offer of the provider does not constitute any recommendation or guarantee for the content, services and products offered on the linked page. The provider does not assume any guarantee or liability for the content of linked websites.

 

3.5 Cookies

The provider's websites use "cookies" in order to simplify use and offer additional functions. A cookie is a text file that is copied from a web server to the user's hard drive.  

Cookies cannot be used to run programs or deliver viruses to computers. A primary purpose of cookies is to assist the user in navigating through the Web site and to simplify input. If necessary, saved settings can be called up so that they can be used more easily by the user. The user can accept or reject cookies. The majority of web browsers automatically accept cookies. The user can also adjust his browser settings for cookies according to his needs. If the user rejects cookies, he may not be able to make full use of all the interactive features of the community services or websites.

 

3.6 Place of performance, place of jurisdiction

3.6.1 For all disputes arising in connection with the use of the Services, including the pre- and aftereffects, the exclusive jurisdiction of the court having subject-matter jurisdiction for the Canton of Solothurn shall be agreed. The place of performance shall be the city of Solothurn.  


3.6.2 The parties agree that the place of jurisdiction shall be Solothurn (Switzerland).

        

3.7 Applicable law, validity, written form

3.7.1 Swiss law shall apply. 

3.7.2 Should individual terms of use be or become invalid in whole or in part, the remainder of the contract shall remain valid. In the event of such invalidity, the contracting parties shall agree upon a legally effective replacement provision that comes as close as possible to the invalid provision in economic terms. The same shall apply if a loophole is found in the contract.  


3.7.3 Verbal ancillary agreements do not exist.

3.7.4 All information, consents, communications or enquiries regarding these GTC as well as amendments or supplements to these GTC including this clause shall be made in writing. Sending by e-mail or fax shall be in writing; this shall also apply to clicking on the corresponding buttons.  

3.7.5 Deviations from these GTC shall only be deemed to have been agreed if they have been expressly confirmed in writing by the Supplier. In particular, the mere failure of the Supplier to object to other GTCs does not mean that they are deemed to have been agreed.  

3.7.6 The Supplier reserves the right to amend or supplement these GTC at any time. Changes shall be published and binding to the User upon first acceptance or use of the Services.  


Part 4: Use and participation in the Community

4.1 Scope of application

The community of this website, consisting of interactive services such as chat, community, ticket, is currently offered by the provider free of charge. The provider reserves the right to provide the services for a fee at any time or to discontinue them without giving reasons. The Provider cannot guarantee that the Service is compatible with the User's technical equipment.

 

4.2 Access authorization

In order to gain access to the contents and offers requiring registration, the user must register by entering the requested data in the input mask. In order to prevent misuse, a traceable e-mail address and a valid mobile number are required for registration on this website. In particular, it is prohibited to provide a non-existent e-mail address or mobile phone number or the e-mail address or mobile phone number of a third party. The data entered by the user must be correct and complete. Any changes or additions to the data must be notified to the Provider immediately or can be made yourself under "Manage my data". Every user is obliged to keep his password secret. He is therefore also responsible for every use of the Community that takes place under his user name. Should the user become aware of the unauthorized use of his user name, he is obliged to change his password.   

Should this not be possible, he must inform the supplier of this immediately. The user has no claim to the granting or receipt of a specific user name. The provider must reject the corrected user name.

 

4.3 Data protection

The provisions of the Data Protection Act as amended are observed. The user agrees that the data provided by him during registration or otherwise, i.e. name, address, telephone number, e-mail address, date of birth, etc., may be stored and used by the provider and transmitted for the purposes of his own market research and for advertising, such as the transmission of information on current offers.

The user can give his written consent to MeteoMap.cloud, Stoeckliweg 1, 4556 Bolken, info@meteomap.cloud at any time. The registered data may be transferred to third parties for the fulfillment of legal obligations or official orders as well as in the case of legal interest (above all for purposes of effective legal prosecution or defense). The provider does not sell or rent the personal data of its users to third parties associated with MeteoMap.cloud.  

The user agrees, however, that his user name will be made public by the provider in connection with services such as postings. All user data are evaluated and used by the provider and its partners to plan and improve the program.

 

4.4 Forum/Postings/Weblogs

The forum or the postings from this website are available to all registered users. Here, questions can be asked and opinions can be expressed. However, some rules apply to the forum as well as to the postings and weblogs, which must be observed in order to guarantee quality, level and legal security. In addition to the TOS, the user also acknowledges the binding nature of the netiquette for him.

The user guarantees the provider not to store any content whose provision, publication or use violates applicable law or infringes the rights of third parties. In particular, the user guarantees that no rights (in particular copyrights) of third parties exist to the contents stored by him or that he is entitled to the rights of use for not merely temporary reproduction, distribution and retrieval.  

The user undertakes to indemnify and hold harmless the provider and his staff with regard to all claims based on the storage and publication of his content and to provide full satisfaction for the resulting disadvantages; this also includes the costs of a necessary and expedient legal defense. If a third party claims to have been violated by the content of a user, the provider is entitled to disclose all data stored about the user.

The user grants the provider an unlimited, transferable and exclusive right to use and exploit the contents stored by him. The provider is not obliged to hold the contents of the user.     

The provider can reject user content at any time, publish it at another location, shorten or delete it.

It is expressly forbidden to make racist, pornographic, inhuman, insulting or immoral contributions. It is expressly forbidden to distribute content that incites hatred against parts of the population (incitement of the people) or propaganda for an anti-constitutional organization, as well as slanderous and reputation or business-damaging statements as well as junk mail, spam, chain letters and other content with an advertising character. The commercial use of the forum, the postings and the weblogs requires the explicit written consent of the provider. Furthermore, it is forbidden to use machines, algorithms or other automatic functions to create page views or content.  

It is also forbidden to disrupt the dialogue between different users, e.g. by repeatedly interrupting the conversation between other members, by harassment or by creating hostile images or hostilities.

It is not permitted to publish private data, such as names, addresses, telephone numbers, etc. in contributions. Also, private e-mails or messages in the forum may not be published without the consent of the sender.  

The provider asks all users for a committed and fair discussion and for an acceptable and respectful choice of words.

 

4.5 Obligations of the user and service disruptions

4.5.1 The user may only use the provider's service properly. In particular:

 
  • Not to use the access possibilities to the Service in an abusive manner, in particular not in contradiction to the GTC, and not to respect the laws as well as the rights of third parties;
  • Comply with the recognized principles of data security for the protection of data and observe the obligations of the data protection agreement;
  • If necessary, check e-mails and queries sent to the Provider or the cooperation partners for viruses with the greatest possible care;
  • Comply with legal, official and technical regulations;
 

4.5.2 The Provider reserves the right, in the event of suspicion of improper use or material breaches of contract, to pursue these procedures, to take appropriate precautions and, in the event of justified suspicion, to block the User's access to the contents and/or, in the event of particularly serious breaches, to terminate the contractual relationship without notice.

4.5.3 The provider is entitled to monitor the services it offers and their use by the user and to take all measures necessary for compliance with these General Terms and Conditions and Netiquette (sending warnings, deleting content, blocking the user's access to the services).

In the event of a breach of obligations arising from the GTC and Netiquette, the Provider shall be entitled to a processing fee of € 150,- for the expenses incurred in restoring the lawful condition, without prejudice to further claims for damages. In his opinion, the provider is also entitled to forward illegal content to the competent authorities without prior notification of the user and to provide the latter with all information necessary for prosecution.  

4.5.4 Every protected content disseminated by the user should contain a reference to the property right to which it is subject, irrespective of any other legally required information. Corresponding copyright or other markings (e.g. name of the photographer) must be maintained and applied by the user on his own responsibility, even when making copies. Markings and other references may not be deleted, falsified or made unrecognizable without the consent of the authorized person. In any case, they shall indemnify the provider against any claims by third parties which may be asserted against the provider due to infringement of the rights of third parties or conduct of the member contrary to the law or the contract.  

4.6 Refusal of participation

The provider is entitled to refuse acceptance to participate in the community.

4.7 Termination

Participation in the Community can be cancelled by the user at any time by sending an e-mail to info@meteomap.cloud. Upon termination of the account, all imported data (texts, photos, audio, videos, postings, etc.) will be deleted without any claim for compensation on the part of the user.

4.8 Blocking

The provider has the right to exclude a user from access to content requiring registration for important reasons. The right is given to the provider in particular if the user violates essential provisions of these GTC or netiquette.

4.9 Deletion

The provider is entitled to delete the access and all associated data of the customer after a period of six months of inactivity (no login via web browser) after consultation with a period of four weeks. The customer's user name will then be released again for other users.

If the user is deleted, all data (texts, photos, audio, videos, postings etc.) will be deleted without any claim for compensation on the part of the user.

Bolken, 6/1/2019