Terms Of Service
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS” OR “AGREEMENT”) CAREFULLY BEFORE USING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY TEXT, DESCRIPTIONS, PRODUCTS, SOFTWARE, GRAPHICS, PHOTOS, SOUNDS, VIDEOS, INTERACTIVE FEATURES, SERVICES, AND ANY OTHER CONTENT AVAILABLE THEREON OR THERETO, NOW OR IN THE FUTURE, (COLLECTIVELY, AND TOGETHER WITH THE SITE, THE “SERVICE”) SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO City Weather Forecast Hub, ITS AFFILIATED COMPANIES, AND SUBSIDIARIES (INDIVIDUALLY AND COLLECTIVELY, “COMPANY”, “WE”, OR “OUR”). We reserve the right, at our discretion, to modify these Terms. We will inform you of any such modifications by posting the latest changes on the Site. Your continued use of the Services following the posting of such changes will mean your acceptance of those changes.GENERAL TERMS OF USE
By visiting and accessing the Site and using the Service, including without limitation any of the content thereon, you consent to these Terms and the Company’s Privacy Policy and any subsequent changes to these Terms. In addition, certain content or features of the Service may be subject to additional terms or rules which will be posted in connection with such content or features; all such terms and rules are incorporated into these Terms. If you do not agree, you may not use the Service, including the applicable content or feature. Your right to use the Service is expressly conditioned upon your assent to all of these Terms, to the exclusion of all other terms.
You certify that if you are an individual, you are at least 13 years of age and that you are of legal age to form a binding contract. If you are accessing or using the Service on behalf of an entity, you represent and warrant that you have authority to bind the entity to these Terms. You also certify that you are legally permitted to access and use the Service and take full responsibility for such access and use. You are solely responsible for complying with all laws, rules, and regulations applicable to your access and use of the Service. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.SITE USE AND ACCESS
Company hereby grants you permission to use the Service for personal, noncommercial, and informational purposes only, and provided that you comply with these Terms and refrain from the following:
(i) Copy, modify, distribute, transmit, publicly display, publicly perform, or create derivative works of any portion of the Service;
(ii) You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any part of the Service;
(iii) Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden, or compromise any part of the Service;
(iv) Use the Service (including, but not limited to, any chat room, forums, or communication systems provided by or available through the Service) or any content thereon to promote, conduct, or contribute to activities that, in Company’s sole discretion, are fraudulent, obscene, pornographic, commercial, inappropriate, or illegal, or which promotes hatred towards any group of people;
(v) Disrupt servers or networks connected to the Service or interfere with the access, use, or enjoyment of this Service by others, including, but not limited to, causing greater demand on the Service than is deemed reasonable by Company;
(vi) Use any method to intercept or expropriate any system data or information from the Service;
(vii) Use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Service or the content contained herein;
(viii) Decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code or underlying ideas or algorithms of the Service;
(ix) Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks;
(x) Link, upload, post, email, transmit, or otherwise make available any content that (a) you do not have a right to make available under any law or under any contractual or fiduciary relationships, (b) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(xi) Collect or harvest any personally identifiable information, including account names or email addresses, from the Service;
(xii) Use the communication systems provided by the Service for any commercial solicitation purposes, or link, upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Service;
(xiii) Link, upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, viruses, malware, bots, files, or programs designed to interrupt, damage, disable, overburden, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(xiv) Interfere with, damage, disable, overburden, impair, destroy, limit the functionality of, or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies of networks connected to the Service;
(xv) Violate any applicable local, state, national, or international law, rule, or regulation, or harm Company or any other person or entity; or
(xvi) Allow or facilitate any third party to do any of the foregoing. Company will have the right to terminate your access to the Service, in its sole discretion, immediately and with or without cause. Company may, in its sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Service. Without derogating from the above, you are solely responsible and liable for any activity by any person who uses the Service through your subscription, where applicable. You agree to immediately notify Company of any unauthorized use suspected by you or any other breach of security known or suspected by you.YOUR SUBMISSIONS
Some of our Service allow you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send, or receive content to or through the Service, you give Company and our partners a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new features. This license continues even if you stop using our Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.INTELLECTUAL PROPERTY RIGHTS
As between Company and you, Company is the sole owner of the Service, including, without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights in connection thereto. Company further owns all rights to its logos and trademarks used in connection with the Service. All other logos and trademarks appearing on or through the Service are the property of their respective owners. Company reserves all rights not expressly granted in and to the Service. You acknowledge that you do not acquire any ownership rights to the Service. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or through the Service.DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND RESPONSIBILITY. NEITHER COMPANY NOR ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF ANY INFORMATION, PRODUCT, OR SERVICE PROVIDED THERETO. FURTHERMORE, COMPANY DOES NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICE.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICE WILL FUNCTION AS CLAIMED, COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SERVICE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS, INCLUDING THOSE THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY DATA OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, HARM TO GOODWILL OR REPUTATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE, EVEN IF COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ACCESSING AND USING THE SERVICE SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO COMPANY, IF ANY, IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.INDEMNIFICATION
By agreeing to use the Service, you agree to defend, indemnify and hold Company, its affiliates and successors, and their respective owners, officers, directors, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising in any way from (i) your use of the Service; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property, publicity or privacy right.LINKED SITES
The Service may contain features that may link you to third parties’ applications and/or websites (“Linked Applications & Sites”). The Linked Applications & Sites are not reviewed, owned, controlled, or examined by Company in any way. Company has no control over those Linked Applications & Sites, and assumes no responsibility for the content, privacy policies, or practices of any of those Linked Applications & Sites, or any additional links contained therein. In addition, Company will not and cannot censor or edit the content of any Linked Applications & Sites. The offering of these features does not imply Company’s endorsement of, or association with, the Linked Applications & Sites, and by using the Service, you expressly release Company from any and all liability arising from your use of any Linked Applications & Sites.
It is your sole responsibility to comply with the appropriate terms of service of the Linked Applications & Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Applications & Sites and any content contained thereon. We encourage you to read the terms and conditions, term of use, and privacy policy of the Linked Applications & Sites. In no event shall Company be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Applications & Sites or the information or material accessed through these Linked Applications & Sites.
All title and intellectual property rights in and to the content of any third party website which may be linked to or viewed in connection with this Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.ASSIGNMENT
The Company may transfer, assign sublicense or pledge in any manner whatsoever to a third party, any of its rights and obligations under this Agreement, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.APPLICABLE LAWS / JURISDICTION
You agree that the laws of Israel, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to your use of the Service resides in the courts of Tel Aviv, Israel. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tel Aviv, Israel, in connection with any dispute or claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.COMPANY COPYRIGHT POLICY
Company respects the legitimate rights of copyright owners and has adopted an efficient notice and takedown procedure as required by the Digital Millennium Copyright Act (“DMCA”) and described herein.
TO COPYRIGHT OWNERS
It is our policy to respond to clear, DMCA-compliant notices of alleged copyright infringement. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing Company’s Designated Copyright Agent (provided below) with the following information in writing:- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly;
- Information reasonably sufficient to permit Company to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TO USERS
If you are a user of the Service and you believe that your rights under applicable copyright laws are infringed by any content hosted on the Service, please contact Company’s Designated Copyright Agent and provide the following information in writing:- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly;
- Information reasonably sufficient to permit Company to contact you, such as address, telephone number, and, if available, electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to: Copyright Agent @ GSXHub Limited - 'City Weather Forecast Hub' Address: Griva Digeni, 42–44, 3d floor, office 302, 1080, Nicosia, Cyprus. Email Address: supportgsxhub@gsxhub.com For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Company’s customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.MISCELLANEOUS
These Terms and the Privacy Policy, which is incorporated by reference, constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms are entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Any delay or failure on the part of Company to exercise or enforce any rights under these Terms to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. Company may freely assign its rights and obligations under these Terms.
These Terms (and all policies, terms, and conditions referenced herein) constitute the entire agreement between you and Company and govern your use of the Service, and they supersede any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
CONTACT INFORMATION
To get in touch with us, please send an email to supportgsxhub@gsxhub.com or reach out to us at:
*** GSXHUB Limited***
*** Griva Digeni, 42–44, 3d floor, office 302, 1080, Nicosia, Cyprus. ***