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.
DESCRIPTION OF WINDY COMMUNITY
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.
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.
In addition to the Windy Community, certain other Services and their features are only available to Registered Users.
CREATING A USER ACCOUNT
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.
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.
During registration, the User is obliged to provide the information required by Windy.
USER LOGGING IN AND LOGGING OUT; CONTENT UPLOADING; LICENSE TO CONTENT USE
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.
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.
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.
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.
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.
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.
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.
CONSEQUENCES OF BREACHES OF USER’S OBLIGATIONS
PERSONAL DATA PROCESSING