Terms and Conditions

Last updated on April 10th, 2018

This page describes the Terms and Conditions that govern your use of the apps Pflotsh Storm, Pflotsh Beach and Pflotsh Sail (hereinafter: Apps). These Apps are offered by "Pflotsh", a joint venture of Kachelmann GmbH, Dorfplatz 2, CH-6417 Sattel, Switzerland, e-mail: info@kachelmann.com and Andreas Garzotto GmbH, Bättmur 13, CH-8404 Winterthur, Switzerland. Your rights to use these apps and their content and services are restricted rights that are governed by the Terms and Conditions contained herein.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APPS. YOUR CONTINUED USE OF THE APPS NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES TO THESE TERMS AND CONDITIONS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS AND CONDITIONS, OR MODIFICATIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE APPS.

1. General

1.1 By accessing, receiving, downloading, using, or possessing, or continuing to access, receive, download, use or possess data and content available by the Apps, you are entering into this agreement with Pflotsh, and you hereby acknowledge and agree on behalf of yourself and/or on behalf of the entity or business you represent to the validity and applicability of these Terms and Conditions.

1.2 If you are using the Apps on behalf of an entity or business, you represent that you are authorized to agree to the Terms and Conditions on behalf of such entity or business, and references herein to "Licensee," "you," or "your" shall be construed to mean and refer to you and such entity or business on whose behalf you have accepted these Terms and Conditions.

1.3 Pflotsh may change, add, or remove portions of these Terms and Conditions at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms and Conditions prior to each use of the Apps and by continuing to use this Apps, you agree to any changes.

1.4 Pflotsh may change, suspend, or discontinue any aspect of the services available on the Apps at any time, including the availability of any service feature, database, or content. Pflotsh may also impose limits on certain features and services available by the Apps or restrict your access to parts or all of the Apps without notice or liability. YOU AGREE THAT PFLOTSH SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APPS.

1.5 Pflotsh makes no guarantee that its Apps and/or content or services will be operational with your hardware or software.

Use of the Apps and App Content

2.1 The Apps and their contents and services are intended for your personal, noncommercial use. All materials shown in the Apps ("Content") are protected by copyright.

2.2 Except as permitted in Section 2.3 of these Terms and Conditions, you may not modify, publish, reproduce, create new works from, transmit, broadcast, redistribute, forward, display, participate in the transfer or sale of, or deliver the Content or any part of the Content in any format, absent a supplemental agreement in writing with Pflotsh,

2.3 You may download, view and screenshot the Content displayed on the Apps for personal use only, provided that you maintain, to the extent reasonably practicable, all copyright and other notices contained therein.

2.4 The Apps may be used for lawful purposes only, and may not be used in a manner which violates or infringes the rights of Pflotsh or any third party.

2.5 The Apps may contain links to other websites and resources. Pflotsh is not responsible for the content or availability of these outside resources.

3. Content Disclaimers.

3.1 Pflotsh may make available Content, tools, data, information, and products on the Apps for your personal use. PFLOTSH DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT, TOOLS, DATA, INFORMATION, MATERIALS, OR PRODUCTS AVAILABLE ON THE APPS. INTERPRETATION AND APPLICATION OF DATA RELATING TO DANGEROUS WEATHER CONDITIONS, INCLUDING STORMS, THUNDERSTORMS, AND LIGHTNING STORMS, ARE DONE SOLELY AT YOUR OWN RISK.

3.2 PFLOTSH MAKES NO GUARANTEES, AFFIRMATIONS, EXPRESSED WARRANTIES, OR IMPLIED WARRANTIES THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED AS REPRESENTED OR DEPICTED BY THE CONTENT ON THE APPS, INCLUDING BUT NOT LIMITED TO ANY REPORTS, FORECASTS, GRAPHICS, DATA, BRIEFINGS OR INFORMATION.

3.3 PFLOTSH SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, UNAVAILABILITY, OR OMISSION FOR WEATHER OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING OR OCCURRED. PFLOTSH WILL NOT NOTIFY YOU IF THE SOURCES OF ITS DATA FOR FORECASTS OR OTHER CONTENT BECOME UNAVAILABLE OR CHANGE.

3.4 YOU ARE ADVISED AND INFORMED THAT PFLOTSH IS NOT RESPONSIBLE FOR GOVERNMENT ISSUED ADVISORIES, WARNINGS, WATCHES, AND OTHER COMMUNICATIONS. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.

4. No warranties/Limit of Liability.

4.1 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE APPS, AND ERRORS IN THE APPS. THESE APPS AND THEIR CONTENT ARE PROVIDED BY PFLOTSH ON AN "AS IS" BASIS. PFLOTSH AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPS OR THE CONTENT, TOOLS, DATA, INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THESE APPS.

4.2 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PFLOTSH AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.

4.3 PFLOTSH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE APPS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPS, ANY DELAYS ON THE APPS, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE APPS, OR THE INABILITY TO USE THE APPS, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PFLOTSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PFLOTSH ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THESE APPS SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPS. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.

4.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

5. Indemnification.

You agree to defend, indemnify and hold harmless Pflotsh and its affiliates from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out of, relating to or in connection with (a) your use of the Apps, (b) any Content you submit or upload to the Apps, (c) your unauthorized use of the Apps or content or material obtained through the Apps, (d) any violation of any law or regulation by you, and (e) your breach of these Terms and Conditions. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.

6. Additional Restrictions.

6.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Apps ("Software"). You may not sublicense, assign, or transfer any licenses granted by Pflotsh, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from the Software.

7. TERMINATION

7.1 Pflotsh may, in its sole discretion, terminate or suspend your access to all or part of the Apps for any reason, including, without limitation, breach, or assignment of these Terms of Service.

8. MISCELLANEOUS

8.1 These terms Terms and Conditionsare governed by Swiss law, exclusive place of jurisdiction is Winterthur, Switzerland.

8.3 These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither these Terms and Conditions nor any rights or obligation hereunder may be assigned by you without the express written permission of Pflotsh.

8.4 These Terms and Conditions represent the compete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

8.5 Contact Information
support@pflotsh.com.

 

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