This OpenSnow API Terms of Service document (the "API TOS") is an agreement you must accept in order to use the OpenSnow API (as described below). This document describes both your rights and your obligations as part of using the OpenSnow API. It is important that you read it carefully because you will be legally bound to these terms. OpenSnow ("OpenSnow" "we" "us") only provides the OpenSnow API to you subject to this API TOS. By accepting this API TOS or by accessing or using the OpenSnow API, you agree to be bound by this API TOS (including the Privacy Policy and general Terms of Service, which are incorporated here by reference).
If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms "you" or "your" shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use the OpenSnow API. You acknowledge that this API TOS is a contract between you and OpenSnow, even though it is electronic and is not physically signed by you and OpenSnow, and it governs your use of the OpenSnow API.
Application – Any software application, website, or product you create or service you offer using the OpenSnow API (defined below).
API Documentation – The documentation, data and information that OpenSnow provides regarding the use of the OpenSnow API.
Data – means any data made available by OpenSnow and it’s API.
OpenSnow API or "our API" – The publicly available OpenSnow Application Programming Interface ("API") as well as the related API Documentation.
As long as you follow this API TOS, OpenSnow grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support any software application, website, or product, and to integrate the OpenSnow APIs with your Application. Your license is subject to the limitations set forth in Section 4 and you agree that violation of Section 4 will automatically terminate your license to use the OpenSnow APIs.
The following identifies limitations on use related to the OpenSnow API:
We need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones. We will try our best to give notice of these changes.
You may not use the OpenSnow API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS or OpenSnow’s other agreements to which you are subject.
You may not use the OpenSnow API or any other technology in a manner that accesses or uses any information beyond what OpenSnow allows under this API TOS; that changes the OpenSnow Data; that breaks or circumvents any of OpenSnow’s technical, administrative, process or security measures; that disrupts or degrades the performance of the OpenSnow Data or the OpenSnow API; or that tests the vulnerability of OpenSnow’s systems or networks.
You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the OpenSnow API or portion thereof;
You may not use the OpenSnow API to replicate or compete with core products or services offered by OpenSnow. You acknowledge and agree that OpenSnow has or may in the future offer products or services that are similar to your Application, and nothing will prevent OpenSnow from doing so;
You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the OpenSnow API.
You will not attempt to use the OpenSnow API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API TOS.
You may not distribute or allow access to the OpenSnow APIs to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API TOS.
Where Data is cached, you should refresh the cache at least every 24 hours.
All Data should be stored and served using strong encryption.
If we terminate your use of the OpenSnow APIs for any reason, then you must permanently delete all Data and any other information that you stored pursuant to your use of the OpenSnow APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.
You may not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by this API TOS.
If you offer your Application for use by others outside your organization, you must maintain a user agreement and privacy policy for your Application, which is prominently identified or located where users download or access your Application. Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data. Your privacy policy must be at least as stringent and user-friendly as ours.
The network, operating system and software of your web servers, databases, and computer systems (collectively, "Your Systems") must be properly configured to securely operate your Application and store Data. Your Application must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
You must promptly report any security deficiencies in, or intrusions to, your Systems to OpenSnow in writing via email to [email protected]. This includes any unauthorized access, use, disclosure or destruction of Data. You will work with OpenSnow to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, OpenSnow APIs or Data, you will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from OpenSnow in each instance.
As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the OpenSnow APIs and all elements and components of the Data.
This API TOS will go into effect on the date upon which you agree to them, by accessing or using the OpenSnow API, and will continue until terminated as set forth herein.
You may terminate this API TOS by discontinuing use of our APIs.
We may change, suspend or discontinue the OpenSnow API and suspend or terminate your use of the OpenSnow API at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to the OpenSnow API if it, in our sole discretion, may negatively affect our Data or our ability to provide our Data.
Upon termination of this API TOS:
All rights and licenses granted to you will terminate immediately;
You will promptly destroy Documentation and any other OpenSnow information in your possession or control that was received under this API TOS;
Unless we agree otherwise in writing or as stated in this API TOS, you must permanently delete all Data and other information that you stored pursuant to your use of the OpenSnow APIs.
The following sections of this API TOS shall survive any termination, Sections 4 ("Use of the APIs and OpenSnow Data"), 6 ("Your User Agreement and Privacy Policy"), 7 ("Security Measures"), 8 ("Ownership"), 9 ("Term and Termination"), 10 ("Other Important Terms"), 11 ("Disclaimer of Warranties; Limitation of Liability; Indemnity"), 12 ("Dispute Resolution") and 13 ("General Legal Terms").
You represent and warrant to OpenSnow that, excluding OpenSnow Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by OpenSnow and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws.
We may change, add to or delete this API TOS or any portion thereof from time to time in our sole discretion. If we make a material change to this API TOS, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the OpenSnow API. If any change in unacceptable to you, then your only recourse is to cease all use of the OpenSnow API. Your continued access or use of the OpenSnow API will mean that you agree to the updates and modifications.
You and your Application must also comply with the following, which are hereby incorporated by reference:
OpenSnow Terms of Service: https://cloudnineweather.com/terms
OpenSnow Privacy Policy: https://cloudnineweather.com/privacy
In the event of any conflict between the content in this document and the above documents, this document controls your use of the OpenSnow APIs.
THE OPENSNOW API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND OPENSNOW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPENSNOW DOES NOT WARRANT THAT THE OPENSNOW API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE OPENSNOW API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM OPENSNOW SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL OPENSNOW BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6. MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500. U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, OPENSNOW’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, hold harmless and indemnify OpenSnow, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Application, OpenSnow API or Data or violation of this API TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
This API TOS and any claim, cause of action or dispute ("Claim") arising out of or related to this Agreement shall be governed by the laws of the State of Colorado, United States, regardless of your country of origin or where you access OpenSnow, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and OpenSnow agree that all Claims arising out of or related to this Agreement must be resolved exclusively in the courts located in the county of Boulder, Colorado or the U.S. District Court for the District of Colorado. You and OpenSnow agree to submit to the personal jurisdiction of the courts located within the county of Boulder, Colorado or the District of Colorado, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts for the purpose of litigating all such Claims. Notwithstanding the above, you agree that OpenSnow shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
Where OpenSnow has provided you with a translation of the English language version of this API TOS or any document referenced in this API TOS, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
We may notify you via the email address associated with your Application. OpenSnow accepts service of process by email at [email protected]. Any notices that you provide without compliance with this section shall have no legal effect.
This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and OpenSnow regarding the OpenSnow APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
Our failure to act with respect to a breach of this API TOs by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any OpenSnow affiliate shall be deemed legally binding on any OpenSnow affiliate, unless documented in a physical writing hand signed by a duly appointed officer of OpenSnow.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the OpenSnow APIs.
You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this API TOs, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, OpenSnow for any third party that assumes our rights and obligations under this API TOs.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
If you have questions or comments about this API TOS, or wish to make use of our OpenSnow API in any way not permitted by this API TOS, please contact us via email at [email protected]
LAST UPDATED JULY, 2021