Terms of Service
1. Terminology:
watersportsweather.com ('WatersportsWeather', 'this Website', ‘the Website’, 'us', 'we' and 'our').
2. Acceptance of Terms:
By using the watersportsweather.com website, you accept and agree to the terms and conditions set out in this document. This document may be amended from time to time with the addition of new features and services, or the alteration of existing features and services, or otherwise by our discretion. These amendments will be made without notice to you and will be effective as soon as the changes are made to this document.
3. Intellectual property:
You must not reproduce, modify or adapt anything on this Website for use elsewhere, without our prior consent. Including but not limited to intellectual property rights and copyright which is owned or licensed by us, or used by permission from a third party.
4. Proper use:
The watersportsweather.com website and any of its contents must not be used:
- In breach of the law or any regulation,
- To infringe on the rights of a third party,
- In breach of any standards or requirements practised and/or promoted by any relevant authority, or
- In association with any information that might be, or that might promote abusive, threatening, defamatory, unlawful, obscene, profane, pornographic or indecent conduct.
5. Incoming links:
WatersportsWeather is willing to give its permission for a link (or links) to any page on this Website under the following conditions:
- WatersportsWeather may cancel our permission to a link at any time. If requested to remove a link by us, you must do so immediately.
- You must clearly identify each link as a link that is pointing to the watersportsweather.com website.
- You must ensure that the link is never broken, and is always pointing to the correct page as indicated.
- You must ensure that the link is provided in a context or a manner that does not express or imply a negative opinion of watersportsweather.com
- You must ensure that the link, and any information on the page it points to, will not be used for any commercial gain.
- You must indemnify WatersportsWeather against any harm we may suffer as a result of your link.
6. Outgoing links:
Links to websites that are not under the control of WatersportsWeather, hereby known as 'external websites' are provided as part of the content of the WatersportsWeather website. You must acknowledge that:
- External websites are not under our control.
- The content of any web pages on external websites is not our responsibility.
- The appearance of a link on the WatersportsWeather website does not indicate an endorsement, a recommendation or an approval of any of the content found on the external website.
- Links to external websites may not be up to date, and are not checked by us.
7. Data disclaimer and liability indemnity:
- General - The information provided by WatersportsWeather is distributed in the hope that it will be useful, but without any warranty; without even the implied warranty of merchantability or fitness for a particular purpose.
- Tide variations - Unofficial tide variations and tide predictions for all ports should not be used for navigation.
- Liability indemnity - WatersportsWeather does not accept liability for any direct or indirect loss or damage whatever the cause (even by negligence), as a result of the use or reliance of information displayed on WatersportsWeather or provided by WatersportsWeather, or if WatersportsWeather is unavailable. This may also include information provided to WatersportsWeather by external websites.
8. Privacy statement:
- IP Address - WatersportsWeather captures the IP address of users to gather broad demographic information, which helps diagnose problems with our server, or to administer our website. WatersportsWeather also uses cookies as a way to allow users to customise some functions on the Website, so that selections are saved and remembered for future use, and for other purposes. Cookies are also used by the company that administers advertising on WatersportsWeather, but WatersportsWeather does not have access to this information.
- External Links - WatersportsWeather is not responsible for the privacy practices or the content of websites that are not under our control. Also see Section 6 of this document.
9. Scraping and copying content:
Scraping or copying any content from the WatersportsWeather website is strictly forbidden, unless you have received specific permission from us for each instance.
10. Terms and conditions:
- Limitation of liability
- WatersportsWeather assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness, untimeliness or obsolescence of the Website or the Website data.
- You acknowledge that:
- Weather is unpredictable, and weather forecasting is not an exact science, and weather observations can contain errors, omissions or loss of data.
- System failures and technical glitches can occur that may result in errors, omissions, loss of data or notification failures. These include (but are not limited to) server failure, software logical errors, power outages, and anything else that results in WatersportsWeather systems failures.
- As a result of the nature of weather and the existence of system failures and technical glitches, WatersportsWeather does not accept responsibility for any direct or indirect loss or damage, whatever the cause (even by negligence), as a result of your use of the information displayed on WatersportsWeather or provided by WatersportsWeather, or if WatersportsWeather is unavailable. This may also include information provided to WatersportsWeather by external websites.
- You agree that neither WatersportsWeather nor any of its affiliates, employees, representatives or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with these terms, the Website, or any contractual or other dealings or relationships you may have with third parties based upon or related to the Website or the Website data. You acknowledge that the limitations in this section are reasonable and appropriate.
- Transmission Failures - WatersportsWeather will use commercially reasonable efforts to publish and transmit the Website on a continuous and timely basis. WatersportsWeather is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit the Website; or for the failure to transmit the Website resulting from any natural disasters, wars, labour strike or other events beyond the control of WatersportsWeather. You acknowledge that, in circumstances involving natural disasters, federal, state and municipal governmental agencies may issue official weather watches, warnings, advisories, bulletins and similar communications, and that WatersportsWeather does not covenant or warrant to transmit such communications to you through the Website.
- Unauthorised Use - You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Website or to circumvent the number of requests that are logged by WatersportsWeather, or use and/or monitor the Website data or any information in or related to the Website for any unauthorised purpose.
- Termination - Without limiting its other rights or remedies, WatersportsWeather may immediately terminate these Terms, or discontinue, suspend, terminate or block your or any user's use of the Website, the Website data at any time in its sole discretion.
11. Changes to These Terms
We reserve the right to change these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Website following the posting of changes to these Terms will mean you accept those changes.