WEATHER ALARMS TERMS OF SERVICE
The downloaded Application is the property of TEKNASYON YAZILIM and is being operated. Application operation is provided by ("Us", "WEATHER ALARMS") at the address of TEKNASYON YAZILIM: Büyükdere Cd. Uso Center Plaza No:245 Kat:7 Maslak İstanbul. General Terms and Conditions ensuring use of the applications which are the property of and are operated by TEKNASYON YAZILIM, are valid for all the services provided to you by TEKNASYON. This agreement shall apply for operations performed in the future as well. By installing or running the Applications you clearly express acceptance of these General Terms and Conditions. The Terms of Service and confidentiality policy of WEATHER ALARMS will enable you to use WEATHER ALARMS software applications, web sites, tools and other features provided by us from time to time (all of which hereinafter referred to as “Services”). By accessing or using any of services you accept to be subject to the Terms. In case of other third party services, the terms of service and confidentiality policy of the relevant third parties shall be valid whenever you use any of them. In case you use WEATHER ALARMS as a commercial enterprise, please keep in mind that the operations performed are binding for your commercial enterprise. Certain features of services may be subject to additional directives, terms or rules. This information shall be published in connection to the relevant services. All of the additional terms, directives and rules are included in the scope by referring to them.
1. Personal Information
We guarantee the privacy and protection of contact person details and personal information of our users. The way we collect, use, share and handle personal information is described in the WEATHER ALARMS Confidentiality Policy; you hereby allow the collection, use, sharing and handling of personal information as described herein.
2. Rights of the Parties Unless otherwise agreed between us in written, you can exercise your right to use personal, non-exclusive, non-transferable and limited Services only for personal and non-commercial purposes. You are not allowed to use WEATHER ALARMS Services from a device which you do not own. You MUST NOT do the below operations in WEATHER ALARMS software applications, their updates or any part thereof:
· keep subject to reverse engineering,
· attempt to produce the source code,
· create derived operations.
Exception to these are: 1) banning of the abovementioned limitations by the laws in force, 2) allowing to a certain extent in accordance with the Service Terms, 3) allowing by the licence terms defining the use of open source components used in WEATHER ALARMS software applications. You are not allowed to use the brand, the trademarks or other commercial symbols of WEATHER S ALARMS.W EATHER ALARMS reserves all the rights which are not clearly granted to you under the present Terms.
WEATHER ALARMS is constantly working on providing an adequate and efficient technical support, offering updates and improvements. Nevertheless, WEATHER ALARMS is not obliged to provide any support or maintenance for the Services under the present Terms. WEATHER ALARMS reserves the right to limit or terminate provision of support, updates or improvements from time to time.
4. Liabilities and Limitations of the User
Sharing of any information or content by you with WEATHER ALARMS as a Service User does not violate any laws in force. This information or content will not harm the Services either. Unless otherwise agreed between us, you may not use Services of Content for commercial purposes. You may not take Services or Content without permission. You accept not to object the rights of WEATHER ALARMS or not to claim any rights on the content obtained from other users (the only exception to this are the rights clearly expressed in the present Terms). You accept to use the content only within the context of the present terms. In relation to Services, Content or Information:
· You may not prevent regular operation of Services,
· You may not direct the traffic of WEATHER ALARMS,
· You may not follow other fake or false applications,
· You may not arrange a parallel storage of these
· You may not use our services, information and content to compete with us.
It is strictly forbidden to make any information contained in services inaccessible, including any content and any information accessible by services of a third party, as well. You may not use the Services or Content in ways that are illegal, harmful, can be considered offensive by other users or third parties. You accept not to exploit in an unauthorized way the Services and the Content, including, but not limited to, accessing the network without permission or overload the network capacity. In addition, you accept to use the Services and the content in a way that does not abuse, take advantage, secretly track, threaten, slander or violate personal rights of other parties in any other situation. In case of such use on your side, if you receive abusive, threatening, slandering, insulting or containing illegal content message, you accept that WEATHER ALARMS cannot be held responsible in any way. In case you use in any way services or content that has been forbidden, in spite of other solutions available on WEATHER ALARMS ,you accept that such use is a significant violation of the terms herein and WEATHER ALARMS can stop the use of the services or terminate the services without prior notice.
Services; are protected by the copyright and international copyright treaties and other intellectual property laws and conventions. WEATHER ALARMS and its Licensors reserve all proprietary rights to the Services and all related intellectual property. These shall include copyrights, trademarks, trade names, database rights and patents. You are granted a limited right to use the Services subject to these Terms. However, no intellectual property rights shall be deemed transferred or licensed to you.
6.Third Party Contents
WEATHER ALARMS may contain links relating to the contents obtained by third party websites or services. The contents, websites and services of such third parties may be subject to third party conditions. WEATHER ALARMS shall not be responsible or liable from any losses which may occur as a result of the contents, websites and services of such third parties.
7.Releases relating to the Warranties/Undertakings
Within the limitations of the applicable relevant rights, WEATHER ALARMS; shall not give any warranties/commitments or statements relating to the services, their qualities and performances and their commercial conveniences or any violations of third party rights. The services are provided “as they are”. You accept that you have the risk relating to the use of the services. You agree and accept that the services may not at all times be available. WEATHER ALARMS, shall not be liable or responsible due to failure to use the services because of any reason whatsoever. WEATHER ALARMS, shall not make any statements or Grant any warranties as to the suitability or convenience of use of the services at a certain location. Should you select to access and use the services, you are performing this on your own discretion. You shall abide by the applicable laws of Dubai in effect relating to the use of such Services and access.
8.Limitations of Liability
According to the applicable laws; you accept and agree that WEATHER ALARMS shall not be liable or responsible from any direct, indirect, special, incidental losses and damages arising due to any use or not use of the services and their contents. This shall include the losses from profits, loss of data and losing the brand value. Especially WEATHER ALARMS shall not have any liability or responsibility relating to any information under any services or processed. This also includes the costs of saving your information. WEATHER ALARMS shall not be responsible for the validity, reliability or authenticity of any content or information associated with or through the use of the Services. The use of the content or information obtained through the use of the Services shall be at your discretion and the risk shall entirely belong to you. Nothing in these Terms shall be excluded under the scope of law and shall not limit our obligations in essential matters. These also shall include the rights which you may have under current consumer law.
Your right to use the Services shall continue until termination of these Terms. WEATHER ALARMS may terminate your use of these Terms and the Services immediately without any notice whatsoever. You may terminate the Terms at any time by uninstalling the WEATHER ALARMS applications and terminating your use of the Services. This contract shall automatically terminate if you do not comply with the terms. After termination, you agree to stop using the Services in question. In the Warranties, the waivers, limitations of liability, termination and the provisions of the applicable law sections shall continue to apply despite the termination of these terms.
WEATHER ALARMS, reserves the right to transfer the rights and obligations under its own responsibility to any third parties freely.
11.Additional conditions and amendments/changes
WEATHER ALARMS may share the data it has acquired from third parties with third-party applications. WEATHER ALARMS obtains data from third-party applications in order to maintain continuity of the services it provides and to extend the scope of the same. The data in question may encompass and include IP addresses, weather conditions, keyword information and cloud map details. Since WEATHER ALARMS provides global services, the additional Terms of Service may apply to Users in certain jurisdictions. Such cases shall be indicated in the annexes and shall also be included in the relevant documents. WEATHER ALARMS may change the Services at any time by adding or removing features or not continuing the services. WEATHER ALARMS reserves the right to offer revised terms and conditions or revise such terms and conditions by publishing at any time. The User will be kept steadily informed about any significant changes. At the same time, the User will be offered the option to terminate the Services at any time. The revised terms will become effective following the notification of the user or publication. Most of the information collected WEATHER ALARMS is related with anonymous User identification numbers or the device identification numbers and not linked to personal details of the user that might be used for identification in the offline world. Such non-personal information consist of information such as used in identifying the device type, access times, the properties or functions when using WEATHER ALARMS services, your geographic location.
12. Your Liability to Us
In accordance with these Conditions, in connection with or arising from using or violating WEATHER ALARMS services and/or WEATHER ALARMS platforms or your breach of these terms, you will be liable for any and all necessary litigations, claims, proceedings, damages, losses and costs (including, but not limited to free trial) expenses incurring upon us or our group, or our senior executives, directors, employees and agents.
· The contact information which the user declared when becoming a member can be used for bulletin, marketing and advertising purposes.
· The security of the data within the scope of the application shall be provided by WEATHER ALARMS. However user information, contact information and unauthorized access to other content, abuse, storing, reproduction, selling, duplication, illegal use shall be the user’s liabilities.
· The conflicts which may arise between WEATHER ALARMS and the member shall be initially settled amicably. If the Parties fail to reach an agreement, they agree and accept that IstanbulCourts shall have jurisdiction and be the competent courts.
· WEATHER ALARMS reserves all the rights relating to its services, information, Works subject to copyrights, WEATHER ALARMS commercial brand, commercial appearance; all material and intellectual property rights which it owns by mobile applications, such relevant assets and personal rights and rights in rem, commercial information and know-how are reserved.
14.1. Application Contents and Billing
5 day weather forecasts are offered to the regular users over the application. The users may also purchase monthly subscriptions for their 10 day forecasts. Furthermore, the regular users are notified by sending information every day in the mornings and evenings regarding the weather. If the users request this, notifications including information can be obtained with monthly subscription (such as hail is coming or storm is approaching).
As a normal user, you can view instant, hourly, 1 day, or 5 day weather forecast information. If you want to receive the weather information for the morning, the day, and the evening for the user, WEATHER ALARMS will be able to provide you with this information.
If the subscribed users want to view additional 10 day weather forecast information, WEATHER ALARMS shall also be able to share this information . When the monthly subscription is purchased, the app can also be used without any ads. If you want to use the application without any advertisements, you can have the usage without ads by way of making the necessary changes in settings section.
Different fees can be set for the country-based in-application purchases. The amended fee information is notified to the user before the purchase. However, if users change their settings in Apple accounts and select a different country, the reported fee may vary accordingly. The fees/charges notified to the user are arranged according to the chosen country in the account settings.
14.2. In-App Snapshot Upload
The following applies to WEATHER ALARMS users; Users can upload their Images and share their location to show the weather condition.It is supposed that the uploaded photos belong to the users.Users accepts that the copyright of uploaded images will belong to WEATHER ALARMS after they uploaded. WEATHER ALARMS will not be responsible to investigate whether Images uploaded by users belong to users or not. For this reason, Weather Alarms does not accept any legal or criminal liability if copyright of the photos uploaded by users are owned by someone else, stolen or falsified. This responsibility will remain with the user Uploaded Images by the users will only be used by the application and only within the application itself. Whilst users are free to share their Images within WEATHER ALARMS users know and accept that their Images will be seen by all other users of the application. Images will be used within the WEATHER ALARMS application to inform users of weather conditions at various locations. For this reason, WEATHER ALARMS has the right to remove, delete and modify content that does not comply with its policies at any time. Photos submitted and deemed inappropriate to WEATHER ALARMS users have the right to complain by using the “Report this Photo" button. Users can upload their content using the program’s weather report, time zone and location functions. WEATHER ALARMS reserves the right to check uploaded content and make changes if necessary.
14.3. Background Photo
Pictures uploaded by users will be chosen by the application and will appear as a background Image, which will change randomly. Users understand and agree that the application can use uploaded pictures from all users on a random basis to display background Images at any given time. WEATHER ALARMS grants users the right to log into their Instagram accounts whilst uploading their weather pictures through the application. Background Images will display Instagram profile name and picture of the owner of the Image. User understands and agrees that their Instagram profile name and picture will be displayed on their own Image and further agrees that other users can click and be directly forwarded onto their Instagram profile through clicking a button on the application.