Users of the Services offered by 3Bmeteo acknowledge and accept these terms and conditions.
These Terms apply both to the site www.3bmeteo.it and to the iOS, Android and Windows application called "3Bmeteo", both of which are owned by the company Meteosolutions S.r.l.
Uppercased words correspond to the definitions given in the section entitled "Definitions" at the bottom of this document.
3BMeteo S.r.l.
Via Don Carlo Botta, 13
24122 Bergamo (BG), Italy
VAT Number: 04193510163
Paid up share capital: €20.000
Chamber of Commerce of Bergamo
info@3bmeteo.com
3Bmeteo is a web platform that allows Users to test the weather conditions of the places of their interest in Italy and around the world. A special section of 3Bmeteo allows Users to become Meteo Reporter and report the weather conditions of their location, including by publishing photos and / or videos. 3Bmeteo also offers paid services for the User.
Users are responsible for their own content and that of third parties that they share through 3Bmeteo, that they upload and post on or through 3Bmeteo, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
By submitting, posting or displaying content on or through 3Bmeteo, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
In particular, the User who shares photos, videos or any other kind of material on 3Bmeteo, authorizes the publication of such material and agrees to waive any and all claims against the Owner concerning any moral and patrimonial rights pursuant to the law on copyright. The User also declares to be the owner and/or the licensee and/or otherwise be entitled by any other third parties to fully use the material published on the platform, and meanwhile guarantees that the material complies with all the applicable mandatory rules and does not violate any author's rights or other third party's rights deriving from law, contract and other relevant custom. In any event, the User shall defend, indemnify, and deem the Owner not subject to any third party's claim or action arising in this regard.
The User also allows the Owner to imprint 3Bmeteo's logo on any photos or videos published.
The Owner does not moderate the content or links provided by third parties before their publication on 3Bmeteo. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in 3Bmeteo, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.
The terms "Paid services", "Purchasing process", "Recurring subscription", "Automatic Renewal", "Right of Withdrawal","Applicability of the right of withdrawal" "Methods of payment" refer exclusively to any In-App Purchases of the 3Bmeteo Application.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of 3Bmeteo or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The 3Bmeteo Application includes some paid subscriptions or services.
Fees, terms and any conditions for paid accounts and services are listed in the relevant section of the 3Bmeteo Application.
The User can download the basic version of the Application 3Bmeteo and access the basic features made available by the Owner. If the User wants to enable additional features, she/he will be required to purchase the premium version following the procedure described by the online store provider, which may vary depending on the device used by the User (eg Apple Store, Google Play etc.). In that case, the User is also required to read and accept the terms and conditions of purchase of the respective provider.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then 3Bmeteo may be forced to cancel their subscription when it runs out.
In the case of In-app Purchases, the User has the right to withdraw from the contract without giving reasons, within 14 days of receiving the receipt confirming such In-app Purchase. In order to exercise such right of withdrawal, the User is required to inform the Owner of the decision to withdraw through an explicit statement sent to the indicated contacts.
Alternatively, the User can fill in the withdrawal form provided by the Owner at the bottom of this document.
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.
3Bmeteo uses third-party tools for its payment processing and is not connected with any of the provided payment information — such as the credit card — in any way.
If the owner of any of such third-party tools refuses to authorize a payment, the Owner cannot provide the Service and will therefore not be liable for any delay or failure to deliver.
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of 3Bmeteo and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
For information about the use of their personal data, Users must refer to the privacy policy of 3Bmeteo which is hereby considered to be part of these Terms.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning 3Bmeteo are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
The User may install the Widget provided by 3Bmeteo on his/her website/application . The Owner retains ownership in any and all industrial and intellectual property rights connected with the Widget, including any other intellectual patents related to it. The Widget is granted to the User by the Owner under a non-exclusive, non-transferable, free and always revocable license. In no event shall the User be authorized to modify, adapt, alter the Widget in any way, or to create derivative and/or separate works.
The Widget is provided on an “as is” basis, without any express or implied guarantees as to its accuracy or availability. Therefore, the Owner reserves the right to stop its provision at every moment, without this being qualifiable as a breach of the Contract.
The User assumes full responsibility for the usage of the Widget on his/her website/application and, as of now, agrees to indemnify and deem the Owner not subject to any possible damages, direct or indirect, which may occur to anyone as a consequence of the use of the Widget.
In addition, the Owner reserves the right, at his/her own discretion, and without this being qualifiable as a breach of contract, to remove or request to remove the Widget installed in the User's website/application which disseminates, by way of example and not limited to, racist or discriminatory, pornographic or adult contents, incitement to violence or hatred, or that may jeopardise the User's or the Owner's reputation.
Should the Owner request to do so, the User shall remove the Widget immediately and, in any event, within 12 hours following the request. The Owner's request does not prejudice any compensation for damages which may arise from the use of the Widget.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use 3Bmeteo.
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of 3Bmeteo.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
In particular, the Owner informs that the specialists and meteorologists who cooperate with 3Bmeteo utilize the most advanced mathematics models and software with regard to the current state of the art of the meteorological science, to the end of offering increasingly accurate and precise forecasts.
Notwithstanding that, the User acknowledges and accepts that every single forecast is characterized by an index of reliability which is not, nor could it be, perfect. In particular, the longer in time the forecast is, the less accurate the index of reliability will be (i.e. middle-long term).
As a consequence thereof, the User cedes any responsibility by the Owner in case of an incorrect forecast. The User shall take full responsibility for the actions he/she will undertake as a consequence of the forecast published on 3Bmeteo. The User does not deem the Owner responsible for whatsoever claim may be advanced with reference to this, even by third parties.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to 3Bmeteo must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.