1. PURPOSE AND ACCEPTANCE
This legal notice regulates the use of the website www.pogoda.com, which is made available to you by the company responsible for the website whose identification details are:
|Tax ID No./Tax ID Code:||B73088700|
|REGISTRATION DETAILS:||Registro Mercantil de Murcia, Tomo 1699, Libro 0, Sección 8, Hoja MU-34318. SPAIN|
|ADDRESS:||C/ MAYOR 46, 30893 ALMENDRICOS (MURCIA) SPAIN.|
Hereinafter, we may refer to it as “погода” or “ pogoda.com” or “company” or “website”.
Browsing on the company’s website makes the browser a user, and it entails full, unreserved acceptance of each and every one of the provisions included in this legal notice, which may be amended.
2. COPYING AND DISTRIBUTION CONDITIONS
2.1 погода, except in the circumstances set out in point 2.2, has decided to avail itself of the following licence.
This licence allows you to remix, amend and develop our work, even for commercial purposes, as long as it is credited to погода and the new works are licenced according under identical terms.
2.2 ECMWF-based graphic products are not deemed to be covered by this licence since they are subject to point 9.5 of this Legal Note.
3. PURPOSE AND SCOPE OF APPLICATION
3.1 These are the general conditions (hereinafter, “general conditions”) regulating access to, browsing and use of the websites under the “pogoda.com” domain (hereinafter, “pogoda.com” or “Website” or “company”), as well as the liability derived from the use of their content (where “content” is taken hereinafter to mean the graphics, sketches, designs, codes, software, photographs, music, videos, sounds, databases, images, expression and information).
3.2 It is understood that the User’s access to or mere use of pogoda.com implies the User’s adherence to the general conditions that погода has published whenever they access pogoda.com. As a result, the User must carefully read these general conditions.
In this regard, User is taken to mean the person who accesses, browses, uses or participates in the services and activities, whether free or paid, carried out on pogoda.com.
3.3 The purpose of these general conditions is to regulate access to, browsing and use of pogoda.com, but regardless of them, погода may set out specific conditions to regulate the use and/or buying specific services offered to the Users through pogoda.com.
Moreover, through pogoda.com, погода may enable third-party organisations to advertise or provide their services. In these cases, погода shall not be liable for setting the general and specific conditions to bear in mind when third parties are using, providing or buying these services and, therefore, it cannot be held liable for them.
3.4 Before using and/or buying specific services provided by погода, the User must carefully read the relevant specific conditions created to that end by погода. The use and/or buying of these specific services entails acceptance of the specific conditions regulating them in the version published by погода when this use and/or purchase takes place.
4.1 The Users’ access to pogoda.com is unrestricted and free of charge, however, some of the services and content offered by погода or third parties through pogoda.com may be subject to prior purchase of the service or product and to the payment of a sum of money per the relevant Specific Conditions, in which case they shall be made clearly available.
4.3 It is prohibited for minors to buy products and services through pogoda.com; they must have the proper and prior consent of their parents, guardians or legal representatives, who shall be considered responsible for the actions the minors for whom they are responsible carry out, according to current regulations.
5. USE OF THE PAGE
5.1 If, to use and/or buy a service on pogoda.com, the User had to register, they shall be responsible for providing true and legal information. If, as a result of the registration, the User were given a password, they undertake to make diligent use of and to keep secret the password for accessing these services. As a result, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords supplied to them by погода, and they undertake not to transfer their use to third parties, whether temporary or permanent, nor to allow third parties to access them. The User shall be liable for illegal use of the services by any illegitimate third party using a password to this end as a result of User using it without diligence or losing it.
5.2 By virtue of the foregoing, it is the User’s obligation immediately to notify the managers of pogoda.com of any incident that allows for the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorised access to them, so that they may be cancelled immediately. Unless and until such incidents are reported, погода shall be exempt from any liability that may be derived from improper use of the identifiers or passwords by unauthorised third parties.
5.3 Access to, browsing and use of pogoda.com is the responsibility of the User, hence the User undertakes to observe diligently and faithfully any further instruction given by погода or any authorised погода personnel regarding the use of pogoda.com and its content.
6. LICENCE OVER COMMUNICATIONS
6.1 In the event that the User sends information of any kind to pogoda.com, they declare, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property right, any right concerning a trademark, parent, commercial secrets, or any other third-party rights, that said information is not confidential and that said information is not harmful to third parties.
6.2 The User acknowledges that they accept liability and shall hold погода harmless for any communication they personally provide or any sent on their behalf; said liability covers without any restriction its accuracy, legality, originality and ownership.
7. RESPONSIBILITIES AND GUARANTEES
7.1 погода does not guarantee the legality, reliability, utility, veracity or accuracy of the services or of the information that is provided through pogoda.com.
7.2 Therefore, погода does not guarantee nor does it accept responsibility for: (i) the continuity of the content of pogoda.com; (ii) the absence of errors in said content nor for correcting any defect that may arise; (iii) the absence of viruses and/or other malicious components on pogoda.com or on the server that supplies it; (iv) the invulnerability of pogoda.com and/or the impregnability of the security measures that may be adopted thereon; (v) the want of usefulness or performance of the content on pogoda.com; (iv) damage or harm that any person may cause, to himself/herself or to a third party, who may infringe the conditions, rules and instructions that погода sets out on pogoda.com or by breaching pogoda.com’s security systems.
However, погода declares that it has adopted all the measures necessary, within its means and according to the state of the art, to guarantee that pogoda.com can operate and to prevent the existence and transmission of viruses and other malicious components to the Users.
Links to other Websites
8.1 On pogoda.com, the User may find links to other websites using different buttons, links, banners, etc., that are generated by third parties. погода does not have the power or the human or technical resources to know, control or approve all the information, content, products or services provided by other websites to which links are made from pogoda.com. As a result, погода cannot accept any kind of responsibility for any aspect of the web page to which a link is made from pogoda.com, specifically, and merely by way of non-limiting example, about its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
8.2 Establishing any kind of link from pogoda.com to another, third-party website does not entail any kind of relationship, collaboration or subordination between погода and the party responsible for that third-party website.
Links on other websites to pogoda.com
8.3 погода does not have the power or the human or technical resources to know, control or approve all the information, content, products or services provided by other websites containing links to pogoda.com. погода does not accept any kind of responsibility for any aspect of pogoda.com that establishes a link to pogoda.com, specifically, and merely by way of non-limiting example, about its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
Services provided by third parties through pogoda.com
8.4 погода does not guarantee the legality, reliability and usefulness of the services provided by third parties through this page or in which погода acts only as an advertising medium.
8.5 погода accepts no liability for the damages of any nature caused by the services provided by third parties through this page and, in particular, merely by way of example, those caused by:
- Breach of the law, ethics or public order.
- The insertion of a virus or any other computer code, file or program that may damage or prevent the normal operation of any software, hardware or telecommunications equipment.
- Infringement of the intellectual and industrial property rights, business secrets, contractual commitments of any kind.
- Carrying out actions that constitute illegal, deceptive or unfair advertising and, in general, which constitute unfair competition.
- The want of veracity, accuracy, quality, relevant and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible.
- Breach of the rights to honour, to personal and family privacy and image rights and, in general, any kind of third-party rights.
- The inappropriateness of any kind of purpose and disappointment of the expectations raised, or the flaws and defects that may be generated in relation to third parties.
- Breach, delayed fulfilment, defective fulfilment or termination on any grounds of the obligations contracted by third parties and contracts made by third parties.
9.1 погода authorises the redistribution of any graphic or text product available on this website as long as pogoda.com is credited as the author of that product.
9.2 In the event of distribution on digital media, the credit must be accompanied by a web link to https://www.pogoda.com
9.3 In the event of distribution on televisual means or in print, the credit to pogoda.com as the creator of the product must be legible in normal conditions by the viewer or reader.
9.4 In the event that the products bear the logo of pogoda.com integrated, it must be unaltered and visible at all times.
9.5 In the case of ECMWF-based graphic products: погода has a licence to publish graphic products based on ECMWF data to end users. However, these graphic products may not be used, in any circumstances, by an end user who wishes to develop an Added-Value Service with them. For more information, please read Article 3 of ECMWF’s Standard Licence.
10. DURATION AND AMENDMENT
10.1 погода may amend the terms and conditions set out herein, in whole or in part, by publishing any change in the same form in which these general conditions appear or through any kind of communication aimed at the Users.
10.2 The period for which these general conditions shall be valid coincides, therefore, with the period for which they are set out, until they are amended in whole or in part, at which point the amended general conditions shall take effect.
10.3 Regardless of the provisions of the specific conditions, погода may cancel, suspend or interrupt, at any time and without any need for prior warning, access to the content of the page, without the User’s having the option to demand any compensation. After such expiry, the prohibitions on the use of the content set out hereinabove in these general conditions shall remain valid.
11.1 The headers of the various clauses are merely by way of information, and shall not affect, qualify or expand upon the construction of the general conditions.
11.2 Should there be any discrepancy between the provisions of these general conditions and the specific conditions of each specific service, the provisions of the latter shall prevail.
11.3 Should provision or provisions of these general be considered null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or inapplicability shall not affect the other provisions of the general conditions nor the specific conditions of погода’s various services.
11.4 Failure by погода to exercise or execute any right or provision contained in these general conditions shall constitute a waiver thereof, unless you acknowledge and agree to such in writing.
12.1 The relationships established between погода and the User shall be governed by the provisions of current regulations concerning applicable legislation and the relevant jurisdiction. However, for cases in which the regulations provide for the option for the parties to make themselves subject to a given jurisdiction, погода and the User, expressly waiving their right to proceed in any other jurisdiction to which they may be entitled, submit to the Courts and Tribunals of the city of Lorca (SPAIN).
13. RAIN RADAR
Data sources of the rain radar