Windy

SPECIFIC TERMS OF USE OF WINDY WEBCAM SERVICES

DEFINITIONS

Unless provided otherwise, the capitalized terms used in these terms of use have the following meanings:

  1. Provider: Windyty, SE, a company having its registered office at Strakonická 3363/2d, 150 00 Prague 5, Czech Republic, Company ID No. 04641647, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. H 1671.

  2. Services: The Webcam services provided by the Provider to a Webcam Operator or a Webcam User, as accessible via the internet connection and described in Article 3 of these Terms of Use.

  3. Terms of Use: These Specific Terms of Use of Windy Webcam Services.

  4. Transmitted Content: The pictures, video or other content captured by a Webcam and transmitted by the Webcam Operator to the Provider within the Services.

  5. Webcam: A publicly available web/live camera owned or operated by a Webcam Operator as a third party which image content is upon registration with the Provider linked and supplied to the Services (the Transmitted Content), and through which actual and/or archive images are available through the Services.

  6. Webcam Operator: A company, institution, individual or other entity who owns and/or operates a Webcam.

  7. Webcam User: A company, institution, individual or other entity who views or accesses Transmitted Content, as may be further processed by the Provider.

  8. Website: The Provider’s website at which the Services are available, located at https://www.windy.com.

  9. Windy Community: The Provider’s community dedicated to the Services and other Provider’s services, located at https://community.windy.com.

APPLICABILITY

  1. Internet Webcams are incorporated on the Website. The Provider is the owner and operator of the Services.

  2. These Terms of Use govern the contractual relationship between the Provider, as the operator of the Services, and the parties utilizing the Services either as the Webcam Operators or as the Webcam Users.

  3. These Terms of Use do not apply to the Windy Webcam API Services, the operation and use of which is governed by a separate Terms of Use of Windy Webcam API Services.

  4. The Provider shall perform its Services exclusively according to the terms outlined in these Terms of Use, which take precedence over any terms of use of any Webcam Operator, Webcam User or third party. By registering a Webcam or using the Webcam Services offered on the Website, you will be deemed to have accepted these Terms of Use.

  5. These Terms of Use and the General Terms of Use of Windy Services shall be interpreted harmoniously. To the extent that the individual provisions of these Terms of Use and the General Terms of Use of Windy Services are in conflict, these Terms of use shall prevail. In aspects not covered by these Terms the General Terms of use of Windy Services apply in full. The current version of the binding terms or informative documents of Windy including indication of the particular Services to which they relate is accessible from here.

GENERAL TERMS OF USE OF THE SERVICES

  1. Basic description

    1. The Services consist on one hand of the provision of a Webcam Operator an opportunity to connect their Webcam to the Services and make available the Transmitted Content to the Webcam Users, and on the other hand of the provision of a functionality for accessing, displaying and further use the Transmitted Content by Webcam Users.

    2. Further description of the Services and their features is available on the Website and at the Windy Community.

  2. System integrity

    1. Webcam Operators and Webcam Users are not authorized to use mechanisms, software or other regimes that may disrupt or interfere with the Website or the Services. Neither Webcam Operators nor Webcam Users may undertake measures that may cause the Website or the Provider’s infrastructure to become overloaded. The Provider will, in such cases, be entitled to refuse such Webcam Operators and/or Webcam Users access to the Services. Moreover, these Webcam Operators and Webcam Users will be liable in full for any damage resulting from such misuse.

SPECIAL TERMS OF USE APPLICABLE TO THE WEBCAM OPERATORS

  1. Registration and removal of Webcams

    1. Anyone may apply to the Provider to have its own Webcam registered and linked up to the Services provided that he/she is the legal owner or lawful operator of such Webcam allowed to register the Webcam into the Service. If the Provider complies with the application, the Webcam is registered, and such applicant becomes a Webcam Operator.

    2. Such Webcam connection is in principle free of charge, therefore neither the Provider will charge anything to the Webcam Operator for the Services, nor the Webcam Operator will charge anything to the Provider for the supply of the Transmitted Content and its use as described in these Terms of Use.

    3. Once a Webcam is registered, the Webcam Operator may administer it via the edit function in the Webcam detail.

    4. The Webcam Operator is solely responsible for the connection and representation of the registered Webcam and hence, in particular, also for the Transmitted Content, particularly, the Webcam Operator shall confirm that the Webcam is configured in such a way as to render it impossible to recognize individuals or objects that would help determine the identity of individuals, does not show immoral or unlawful content, for example sexual content, nudity or violence. The Provider shall investigate and may delete any such content or entry at any time.

    5. The Provider reserves the right to turn down any application to register a Webcam at any time without giving its reasons. Moreover, the Provider is entitled at any time and without adhering to a notice period or giving reasons to disassociate (deregister) any Webcam. The Provider may especially disassociate a Webcam due to its long inactivity or if the Transmitted Content pertaining to such Webcam infringes on these Terms of Use or rights of third parties.

    6. The Webcam Operator may at any time sever their link of a Webcam to the Services without adhering to a notice period or giving reasons. If the Webcam Operator wishes to disassociate (deregister) its Webcam from the Services, it shall first notify the Provider at webcams@windy.com and subsequently deliver to this email address a duly completed and signed scan of a form request, a template of which the Webcam Operator will receive from the Provider.

  2. Use of the Transmitted Content, License to the Provider

    1. By registering, the Webcam Operator agrees that the Webcam will be connected to the Services and that the pictures captured by the aforementioned Webcam will be transmitted to the Services (the Transmitted Content) and available to the Webcam Users. In this connection the Webcam Operator agrees and authorize to the Provider to use the Transmitted Content by any means and for an any purposes, especially, however not exclusively:

      1. to display, download, archive and process the Transmitted Content;

      2. to transform the Transmitted Content (image blurring, etc.) in order to remove possible infringements on these Terms of Use or rights of third parties (This is, however, without prejudice to a Webcam Operator’s responsibilities under these Terms of Use to ensure a full compliance with the privacy and other applicable laws, and no liability of the Provider for the Transmitted Content.);

      3. to analyze the Transmitted Content and incorporate the results of such analyses in the Services and other Provider’s services;

      4. to forward, incorporate, and use the Transmitted Content in any other Provider’s services, whether commercial or non-commercial, such as Windy Webcam API Services; and

      5. to use the Transmitted Content for the marketing, sales and other business purposes of the Provider.

    2. To the extent the Transmitted Content is subject to the Webcam Operator’s intellectual property rights, the Webcam Operator hereby grants to the Provider a non-exclusive license to the exercise of the right to use the Transmitted Content (hereinafter the “License”) to the same extent as specified in Articles 6.5.1 to 6.5.3 of the General Terms of Use of Windy Services.

  3. Self-promotion of the Webcam Operator

    1. The Webcam Operator may state in a visible manner in the Transmitted Content that they are the owner or operator of the respective Webcam, usually by indicating the Webcam Operator’s name and/or the link to their website.

  4. Liability of the Webcam Operator concerning the Transmitted Content

    1. Upon registering a Webcam, the Webcam Operator shall accept sole responsibility for the connection and representation of their registered Webcam and hence, in particular, also for the Transmitted Content.

    2. The Webcam Operator undertakes to comply with all legal requirements with respect to the Transmitted Content. The Webcam Operator shall ensure that the Transmitted Content does not show immoral or unlawful content, in particular, content such as sexual content, nudity or violence, and that such content does not infringe on any personal or intellectual property rights or other rights of third parties.

    3. The Operator shall further ensure that the Webcam is configured in such a way as to render it impossible to recognize individuals (or objects that would help determine the identity of individuals) that could appear in the Transmitted Content.

    4. The Webcam Operator undertakes to hold the Provider, upon its request, entirely harmless from any claims that may be raised by any other Webcam Operator, Webcam User or any third party related to any of such Webcam Operator’s Transmitted Content and shall indemnify the Provider for any loss and expenses, including court and lawyers’ fees, caused by such third party claim.

    5. In the event of complaints being received by the Provider from Webcam Users or third parties that infer that the Webcam Operator has acted unlawfully or immorally or has perpetrated a criminal act, the Provider will be entitled to delete the relevant entry at its own discretion without adhering to a notice period. The Provider reserves the right to report such matter to the competent authorities.

SPECIAL TERMS OF USE APPLICABLE TO THE WEBCAM USERS

  1. Access to the Webcams and use of the Transmitted Content

    1. Anyone may become a Webcam User and as such use the Services. The Services are provided to the Webcam Users free of charge.

    2. A Webcam User may access the Webcams and view the Transmitted Content through the Services by clicking on the symbol of the respective Webcam on the Windy weather map available at the Website.

    3. A Webcam User is allowed to view the Transmitted Content of a particular Webcam, download or capture individual pictures, and, if available, also the Webcam’s history.

    4. A Webcam User acknowledges that the Transmitted Content is the property of the Webcam Operator and undertakes to respect the Webcam Operator’s and the Provider’s property and intellectual rights to the Transmitted Content.

    5. If a Webcam User discovers the displaying of inappropriate content on the Webcams, the Provider encourages them to report such content via Other issues in the particular Webcam view.

  2. No redistribution, commercial use

    1. Redistribution of any part of the Services or included data, such as the Transmitted Content, to any third party is forbidden.

    2. The Webcam User may not use the Transmitted Content for other than their own internal purposes or use it to generate value added services.

  3. Services misuse

    1. The following activities are considered Services misuse and a material breach of these Terms of Use, and will lead to the termination of the provision of the Services:

      1. continuous scanning of a significant amount of available Webcams and/or downloading of significant portions of the Webcam’s history (its Transmitted Content);

      2. reverse engineering, copying, decompiling or disassembling the Services or any portion thereof, or making any other attempt to ascertain the composition or the properties and characteristics of the Services;

      3. continuous fake editing of Webcams' details with the intention of distorting the data;

      4. false impersonating the Webcam Operator.

  4. No liability of the Provider concerning the Transmitted Content

    1. With respect to the fact the Provider has no effective control over the Transmitted Content supplied by the Webcam Operators and displayed in the Services, the Provider accepts no responsibility whatsoever for the Transmitted Content towards the Webcam Users and any third parties, regardless of the platform or services in which the Transmitted Content will be displayed, made accessible or used.

    2. Should the Webcam User or any third party reasonably believe that any of Transmitted Content infringes of on anyone’s personal or intellectual property rights, or otherwise breaches these Terms of Use, they are encouraged to notify the Provider about such circumstance together with the identification of a particular Webcam. The Provider will then make reasonable efforts to assess the justification of such and take appropriate measures to remove such content from the Services or deactivate the respective Webcam.

DATA PROTECTION

  1. Details regarding processing of personal data, as well as Webcam Users’ and Webcam Operators’ rights related to personal data, are available in the Windy Privacy Policy.

FINAL PROVISIONS

  1. These Terms of Use enter into force and effect on 3 February 2020 and their latest update is effective as of 1 September 2023.