Terms of Use

Terms of Use (“Terms”) govern your use of the Partly Sunny application (“Partly Sunny” or “Application”) operated by Joseph Hribar (“I” or “me”).

By accessing and using Partly Sunny, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services. I may modify these Terms and the Privacy Policy at any time, and such modification will be effective upon posting to the Application.

Privacy Policy

Partly Sunny uses your device’s current location (only if you grant permission) and any manually saved locations to obtain and display localized weather forecasts, place names, and astronomical details. Your location information is not otherwise used or transmitted. Additionally, your current location and any manually saved locations are only stored on your device. I wouldn’t want my location information collected and sold, so I don’t collect and sell yours.

Subscriptions

Some features of the Application are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or yearly basis depending on the type of subscription you select when purchasing a Subscription.

Payment will be charged to your iTunes account at confirmation of purchase. Your Subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the subscription period. Your account will be charged for renewal within 24 hours prior to the end of the current subscription period. You can manage your Subscription and turn off auto-renewal by going to your Account Settings on the App Store after purchase.

All Subscriptions may be final and non-refundable. By accepting these terms, you agree that I am not required to provide a refund for any reason. I may change, modify, or eliminate features of the Subscription at any time, with or without notice. Any Subscription fee change will not go into effect automatically; you must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.

Third-Party Websites

Partly Sunny may contain links to third-party web sites or services that are not owned or controlled by me.

I have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

Intellectual Property

Partly Sunny is owned and operated by Joseph Hribar. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by me are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that are provided and owned by Users, all materials contained on the Application are the property of me or my subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to me or my affiliates and/or third-party licensors. Except as expressly authorized by me, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. I reserve all rights not expressly granted in the Terms.

Limitation of Liability

In no event shall I, nor my partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Representations and Warranties

Your use of the Application is at your sole risk. The Application is provided on an “AS IS” and “AS AVAILABLE” basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance.

I do not warrant that the Application will function uninterrupted or will be available at any particular time or location.

Updates to these Terms

At times it may be necessary for us to make changes to the Terms such as due to changes in the services we offer, Apple’s policies and procedures, and/or the applicable laws of the United States. We reserve the right to update or modify the Terms at any time without prior notice. Please review the Terms periodically.

The Terms were last updated on the date indicated below. Any changes to the Terms will become effective upon posting to the Application. As set forth above, your continued use of the Application after any changes or revisions to the Terms shall indicate your acceptance and agreement with such revised Terms.

Governing Law

Any claim relating to Partly Sunny shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Last Updated: 18 Dec 2017

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