Terms

1. Your Acceptance

By using this website it is deemed that you accept these terms of use. These terms may be updated at any time.

2. BeachWeather Website

A. These terms apply to all users of the BeachWeather Website, including users who are also contributors of content, information, and other materials or services on the Website. The BeachWeather Website includes all aspects of BeachWeather, including but not limited to all products, software and services offered via the website such as the BeachWeather Mobile application, the BeachWeather uploader and other applications.

B. The BeachWeather Website may contain links to third party websites that are not owned or controlled by BeachWeather. BeachWeather has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BeachWeather will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BeachWeather from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the BeachWeather Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Acceptable Use

This website is for recreational use only, do not rely on the data for sailing, shipping and other maritime purposes.

4. General Use

The website is a portal for beach goers around the world. The website is provided as is and may not be redistributed or modified in any way. It may be solely accessed via a web browser and other applications available from BeachWeather such as BeachWeather Mobile. BeachWeather reserves the right to discontinue any aspect of the BeachWeather Website or it's software at any time.

5. Your Use of Content on the Site

Forecasts and climate data are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the BeachWeather Service or otherwise as prohibited under this Agreement.

6. Your User Submissions and Conduct

A. As a BeachWeather user you may submit user comments, collectively referred to as "User Submissions". You understand that BeachWeather does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize BeachWeather to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. BeachWeather does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BeachWeather expressly disclaims any and all liability in connection with User Submissions. BeachWeather reserves the right to remove Content and User Submissions without prior notice.

7. Warranty Disclaimer

You agree that your use of the BeachWeather website and related products shall be at your sole risk. To the fullest extent permitted by law, BeachWeather disclaim all warranties, express or implied, in connection with the website and your use thereof. BeachWeather makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website.

8. Limitation of liability

In no event shall BeachWeather, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the BeachWeather website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that BeachWeather shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

9. Indemnity

You agree to defend, indemnify and hold harmless BeachWeather, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BeachWeather Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the BeachWeather Website.