- Account and Registration. Developer shall provide AccuWeather with true and correct contact information and shall update such information as necessary to ensure that AccuWeather always has current information for the Developer in connection with Developer’s account. Developer consents to receiving phone calls, emails, texts or any other type of messages from AccuWeather relating to the account and for general marketing purposes. Once You have successfully registered and provided Your credit card information, You will be given an API license key(s) relating to the chosen APIs. All activities that occur related to Your account and API license key(s) are Your responsibility. In the event that You suspect that either may have been compromised, You shall notify AccuWeather immediately and terminate Your account. You are responsible for any and all activity in connection with Your API license key(s) and Your account. You agree to have complete and correct billing and credit card information on file at all times and to be responsible for all charges in relation to Your account. All queries requesting data from the APIs must reference Your valid login API license key(s). You agree to keep such account information and API license key(s) information confidential.
- Renewal Terms. Monthly subscription Packages shall continue to renew monthly until either party terminates. Each month, you will be billed for that calendar month at the start of that calendar month at midnight UTC time; however your charges may not appear until the second calendar day of the month.
- Cancellation. Developer may cancel the subscription Package at any time. In order to cancel, log in to Your account and select “My Purchased Packages” from the user menu (available by clicking on Your username in the top right). Click the “Cancel” button beside the Package(s) that You would like to cancel. Click “Confirm.” Upon cancellation, Your API license key(s) will become inactive at midnight UTC on the date of cancellation. If you do not wish to be billed for next month’s service, you will need to cancel before the end of the current calendar month at midnight UTC time.
The API Data in each Package will be made available for worldwide locations. AccuWeather, as part of its standard API Data offerings can change location data from time to time (at AccuWeather’s sole option and for certain international locations). API Data will be updated in accordance with AccuWeather’s normal updates cycles which may vary between types of data and which may change from time to time. AccuWeather reserves the right to change or substitute the API Data included in the APIs from time to time and to adjust or modify the content, graphics or images contained therein.
- Exclusions, Conditions and Restrictions of License.
Specifically excluded from the License grant relating to the APIs and the API Data are any television type uses such as electronic publishing, database transmissions, side band transmissions, cable castings, over-the-air transmission, nationally originated television, locally originated television, cable television, satellite television, internet protocol television, OTT, interactive television or other types of broadcasts, such as radio broadcast, internet broadcast, wireless broadcast, satellite or other broadcast technology which currently exists or which may exist in the future.
Additional exclusions from the license grant include the use of the APIs or the API Data in connection with i.) the targeting of or triggering of advertising; ii.) any “connected car” applications, products or services or any vehicle telematics; iii.) the creation of an archive, database or other type of storage of information; and/or iv.) any dangerous, vital, life-threatening and/or mission critical application, product, service or facility. Examples of the types of uses that would be covered by this exclusion include but are not limited to such uses as for the operation of emergency services, nuclear facilities, air traffic control, and/or life support systems. You agree not to use the APIs, the API Data or the AccuWeather Mark for any purpose that is prohibited by law or in connection with any activity that may be unlawful or which would otherwise be considered to violate the rights of third parties.
Developer agrees that the License does not allow and Developer will not:
- change, modify or otherwise alter the APIs or the API Data in any manner or modify their link structure;
- reverse engineer, decompile or otherwise attempt to extract the source code of the APIs or any part thereof, unless doing so is expressly permitted or required by applicable laws;
- allow direct or indirect access to the stand-alone APIs or resell, sublicense or redistribute all or any part of the APIs or the API Data to any third party;
- commingle or supplement API Data from the APIs with any other weather information;
- delete, remove, or otherwise modify any API Data or AccuWeather Mark that may or may not be included in the APIs, or in any way prevent them from appearing with the APIs as made available by AccuWeather;
- display API Data or the AccuWeather Mark(s) in any manner that suggests or implies an endorsement or sponsorship by AccuWeather or that a reasonable person could infer that content other than the API Data is approved by or is otherwise associated with AccuWeather;
- use the APIs or the API Data in connection with any activities or in any manner that could lead to death, personal injury, property damage or environmental damage;
- use the APIs or the API Data in a way that impacts the stability of the API servers, impacts the use of the APIs by others, or to interfere or disrupt products or services of AccuWeather;
- use the APIs or the API Data to disparage, rate, rank, review or otherwise evaluate AccuWeather or its services and products;
- use the APIs or the API Data in a manner that is not consistent with the AccuWeather Acceptable Use Policy as exists from time to time.
Developer agrees to the following conditions:
Developer Use of the APIs and API Data shall not be used to target current or potential customers of AccuWeather or to offer products and services that may be similar to those offered by AccuWeather.
Developer may cache the API Data for up to two (2) weeks for purposes of improving the user experience. There are no rights to store API Data for any other purpose.
In all uses of the APIs and the API Data which are licensed hereunder, Developer shall attribute AccuWeather by name and using AccuWeather brand logo as the source of the API Data. Developer shall comply with the AccuWeather’s Logo Usage Guide located at https://www.dropbox.com/sh/mty5l7hjrz0r9hh/AAA26qaqjoTbFN4aqAEIYqdea?dl=0
Upon termination of Your subscription to a Package, You agree to remove any API Data obtained in connection with APIs from all networks and/or storage media, hard drives, etc. and delete all information in Your control or possession related to the APIs and API Data and to pay all fees hereunder.
You will only access (or attempt to access) the APIs by the means described in the documentation of the API. If AccuWeather assigns Developer credentials (e.g. Developer IDs), You must use them with the applicable APIs. You will not misrepresent or mask either Your identity or Your API Developer's identity when using the APIs.
In the event that the desired use by Developer is not covered by the License herein, You may contact AccuWeather at email@example.com to discuss a separate license.
AccuWeather may change the APIs at any time without notice and for any or no reason, in its sole discretion, and Developer acknowledges these actions may make the version of the APIs being utilized by Developer obsolete.
All comments, feedback information or materials submitted by Developer to AccuWeather shall be considered non-confidential and Property of AccuWeather. AccuWeather shall be free to use them on an unrestricted, royalty-free basis.
AccuWeather is not responsible to Developer or any third party or entity in connection with Developer Uses.
All uses of the AccuWeather Mark(s) will inure solely to the benefit of AccuWeather. You disclaim any right, title or interest in or to the AccuWeather Mark(s). You agree that You will not contest or impair the rights of AccuWeather in and to the AccuWeather Mark(s).
Developer will not enter into any settlement that imposes any responsibility, liability or obligation on AccuWeather and/or Affiliated Parties, or contains any admission or acknowledgement of wrongdoing.
For purposes of clarification, the indemnification obligations of Developer shall not include any third party claims that the APIs, the API Data, or the AccuWeather Mark(s), as provided by AccuWeather without modification and not as implemented by Developer or combined with Developer Uses, directly and independently and infringe the intellectual property rights of a third party.
- Technical Support. AccuWeather has no obligation to provide You or any third party with technical support unless otherwise agreed to in writing.
- Export Law Compliance and International Obligations. Developer agrees to comply with all export restrictions and regulations of the Department of Commerce or other agency of the US Government. You agree that You will not export or otherwise use or transfer the APIs, directly or indirectly, to a prohibited country. AccuWeather makes no claims that the APIs may be lawfully accessed, used or downloaded outside of the United States. Any such use of the APIs may not be lawful by certain persons or in particular countries or territories. Developer assumes all risk and is solely responsible for compliance with applicable laws, rules and regulations in a jurisdiction.
- Compliance with Law, Third Party Rights, and Other AccuWeather Terms of Service. Developer will comply with all applicable laws, regulations, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs or the API Data to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with AccuWeather (or its affiliates). Developer represents and warrants that all Developer Use and any products, services, software, equipment, technology or materials of any kind utilized by Developer in connection with the use or display of the APIs or the API Data does not and will not violate or infringe upon the intellectual property rights or other rights of any third party or violate any applicable rule, law, regulation and will not create any liability for AccuWeather.
If You use the APIs as an interface to, or in conjunction with other AccuWeather products or services, then the terms for those other products or services also apply. If there is a conflict between these terms and additional terms applicable to a separate agreement between You and AccuWeather or an affiliate in common ownership with AccuWeather, the additional terms will control for that conflict.
- Limitations on APIs. AccuWeather sets and enforces limits on Your use of the APIs (e.g. limiting the number of API requests that You may make or the number of users You may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with the APIs. If Developer desires to use any APIs beyond these limits or the license described herein, Developer must obtain AccuWeather's express consent. AccuWeather may decline such request for any reason or no reason; or condition acceptance subject to additional terms and/or charges for that use. To seek such approval, contact AccuWeather.
- Additional Terms and Conditions.
No Warranties. AccuWeather makes no express or implied warranties, guaranties or affirmations that weather will occur or has occurred as the reports, forecasts, graphics, data, briefings or information comprising the Service state, represent or depict and AccuWeather and its affiliates shall have no responsibility or liability whatsoever to Developer or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or occurred. AccuWeather MAKES NO WARRANTIES HEREUNDER, AND THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AccuWeather offers no information or advice with respect to investments, purchases, sales or transactions of any kind affecting commodities, securities, tradeables or other products or services, and AccuWeather disclaims any and all liability for reliance on the information provided in the APIs and/or the API Data. To the extent permitted by law or as expressly set forth herein, AccuWeather provides the APIs and API Data “as is” with no warranties of any kind.
Acceptable Use Policy. You agree not to use the APIs or the API Data to:
* upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;
* harm minors in any way; impersonate any person or entity, including, but not limited to, an AccuWeather official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
* upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons (spoofs);
* upload, post or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
* upload, post or otherwise transmit any content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
* upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with AccuWeather;
* upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* interfere with or disrupt AccuWeather or servers or networks connected to AccuWeather, or disobey any requirements, procedures, policies or regulations of networks connected to AccuWeather;
* "stalk" or otherwise harass another; collect or store Personally Identifiable Information about other users;
* promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
* use Your access or AccuWeather-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the AccuWeather site, without express written permission from AccuWeather.