Windy

SPECIFIC TERMS OF USE OF WINDY COMMUNITY

Terms of Use of Windy Community, a service operated by Windyty, SE.

INTRODUCTION

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 kept by the Municipal Court in Prague under File No. H 1671 (“Windy” or “we”, “our”, “us”), is the operator of Windy.com.

  1. These specific terms of use (the “Terms of Use”) shall apply to the use of the Windy Community, a forum operated by Windy (the “Windy Community”), by individual registered as well as non-registered users (the “User”).

  2. These Terms of Use and the General Terms of Use of Windy Services 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.

DESCRIPTION OF WINDY COMMUNITY

  1. The Windy Community, available at community.windy.com, is a place for discussions and exchanges of information, tips, and other materials related to other Windy Services.

  2. The Windy Community is available both for non-registered and registered Users, however, only registered Users, i.e., Users who have created a user account within the Windy Community (the “User Account”), may post content in the Windy Community.

  3. In addition to the Windy Community, certain other Services and their features are only available to Registered Users.

  4. These Terms of Use stipulate the rights and obligations of Windy and the Users during the use of the Windy Community, either within the online interface and/or the mobile app, including the registration, logging in, and logging out. Under these Terms of Use, it is irrelevant whether the User registered via the online interface or via the mobile app.

CREATING A USER ACCOUNT

  1. In order to make full use of the Windy Community, the User shall create a User Account that shall be used in compliance with these Terms of Use.

  2. The Users create their User Account by entering their email address and selecting a password. The User may also choose a username. If the User does not select a username, an automatic username is generated.

  3. Alternatively, the User can create a User Account by linking his/her Facebook, Google or Apple account via a service called Social Login. In this case, Windy will use the User’s name, profile picture and email address for registration and authentication purposes.

  4. During registration, the User is obliged to provide the information required by Windy.

  5. By registering to Windy Community, you will be deemed to have accepted these Terms of Use.

USER LOGGING IN AND LOGGING OUT; CONTENT UPLOADING; LICENSE TO CONTENT USE

  1. The User logs into the Windy Community by logging into his/her User Account, i.e., by entering the username and the password, or via the Social Login pursuant to Article 3.3 of these Terms of Use.

  2. Logging in allows the User to use individual services provided by Windy (the “Services”) under the terms stipulated by the terms of use of the specific Service. The User Account can be used across the Services. When switching between the Services, the individual Services may require that the User log in, although the User has already logged in, or accept specific terms of use.

  3. The User can log out of the Service via the “Log out” or “Sign out” options or via another similar link on the Service’s website. Upon logging out of the Service, the User can no longer use the Service in a manner requiring to be logged in.

  4. Certain Services allow the User to upload user content, including, but not limited to, photographs, reviews, ratings, subtitles, descriptions, videos, tags, links, metadata etc. (the “Content”), primarily for the purpose of displaying it within such Service. The Content is also deemed to include all data created as a result of, or in connection with, the use of the Service by the User or data created by the User while using the respective Service. Furthermore, the Content is deemed to include all the underlying materials and information provided by the User while reporting errors or commenting on the Service, regardless of their form.

  5. The User acknowledges that the Content uploaded by the User through certain Services, in particular the Content published by the User through the Service, or shared through the Service or another tool, may be connected with the User’s name or username or another identifier of the User. The User who does not consent to the Content being used, published, or shared within the Service is not entitled to upload the Content into the Service.

  6. Windy reserves the right to choose the manner in which the Content is displayed within the Service, including the manner of its sorting and filtering, and to change this manner at any time. Windy is entitled not to display the Content within the Service, to stop displaying it, or to remove it from the Service entirely, even without stating a reason and without compensation.

  7. To avoid any doubts, by approving of the Terms of Use, the User grants to Windy a non-exclusive license to the exercise of the right to use the Content (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.

  8. The User declares that it is entitled to grant the License to Windy in the scope defined above, that it is a holder of all rights related to the Content, that it has acquired all authorizations to use the Content, and that it has settled all claims of third parties related to the Content. If this declaration of the User is untrue, the User shall compensate Windy for all damage and costs incurred by Windy as a result of the fact that the User’s declaration is untrue. The User is obliged to settle all claims of third parties that those third parties make in relation to the Content.

  9. The rights of Windy under the License and the respective provisions of these Terms of Use shall apply similarly (mutatis mutandis) to the Content which is not subject to intellectual property rights.

  10. The User may upload into the Service only such Content that does not infringe on third-party rights, in particular the right to the personal data protection, intellectual property rights, including copyrights, and that does not violate any applicable laws and is not contrary to ethical rules and good morals.

  11. The User is exclusively responsible for the accuracy of the Content and its compliance with these Terms of Use as well as with applicable laws.

  12. If these Terms are violated, the Content needn’t be published or may be removed, even without giving a reason and providing no compensation; in addition, User Accounts via which the Content was published may be blocked or removed, even without a previous request for remedy.

  13. The User agrees that these Terms of Use and the License apply to all the Content inserted by the User in the Services or created in association with using of the Services, namely Content that the User inserted in the Services or created in association with using of the Services at any time in the past.

CONSEQUENCES OF BREACHES OF USER’S OBLIGATIONS

  1. Windy reserves the right to delete User Accounts whose usernames cause public offense, violate good morals or public order, infringe on the rights of Windy or third parties, even without a prior request for remedy and without compensation. Specific terms of use of the Services may provide for additional cases of User Account deletion.

  2. Furthermore, Windy reserves the right to delete the User Accounts of Users who violate these Terms of Use and/or the terms of use of the individual Services and/or applicable law, good morals, public order, or the rights of Windy and/or third parties.

PERSONAL DATA PROCESSING

  1. Details regarding the processing of personal data are available in the Windy Privacy Policy.

FINAL PROVISIONS

  1. These Terms of Use enter into force and effect on 14 January 2020, and their latest update is effective as of 1 September 2023.