www.1stweather.com | SA Regional

Before you proceed, you must read our LEGAL statement. By signing up, you are AGREEING and ACCEPTING all legal items listed below.

Copyright � 2008 by CustomWeather, Inc.. All rights reserved.

THIS GFS MODEL PLOT SUBSCRIPTION AGREEMENT is made and entered into by you and between CustomWeather, Inc.. ("we" or "us"), whose principal office is located at 230 California Street,#420, San Francisco, California, United States.

Usage of GFS PLOTS (as applicable, the "Content")

You may not copy, reproduce, distribute, resell, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any Content on 1stweather.com or obtained from CustomWeather, Inc., nor may you redistribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database without written permission from CustomWeather, Inc..
You understand that the Content will include weather and weather related information and that we may change, eliminate or discontinue any of the Content at any time at our sole discretion. You will receive email notification of any changes that may impact your subscription.
You may not use the Content except as we have agreed in this Agreement;
You may not imply, directly or indirectly, including by using the Content together with content provided by you or others, that we provide, endorse, sponsor, certify or approve of other content included within the Site or any products or services advertised in or near the Content;
You may not resell, sublicense, retransmit or otherwise distribute any of the Content in its raw or unaltered form or format;
You must include with all graphics, imagery, charts and maps which are part of the Content, all credits, copyright notices, trademarks, service marks, trade names and logos which are contained on the Content provided to you (our "Marks") and you will not omit, vary or otherwise change any of our Marks, including without limitation, the size, color, location or style of our Marks;

Term.

This Agreement will begin upon receipt of payment for first month's subscription and will continue until one of us terminates this Agreement as provided in Paragraph 8.

Fees & Billing.

Each GFS Model product shall cost R20 per month, or R275 per month for ALL GFS PLOTS
Payable BEFORE the 1st of each month, failure to do so, will automatically prevent you from accessing your Content, until paid in full, else will result in termination of this agreement.
You will be sent via email, an electronic invoice at the start of each month for the following month, unless you have acquired a one-year subscription, whereupon you will receive an electronic invoice via email for a full year's subscription.
We run our accounts from the 1st if the month, for the duration of the month, and any sign-ups after the 1st of the month will be pro-rated for the month in question
You will be required to make your payment/deposit into a United States bank account

Ownership.

(A) You understand that you are paying for and receiving this GFS MODEL PLOT subscription as a service provided by us and NOT for the data displayed within the plots, however you understand and agree that, as between us and you, we are the sole owner of all rights, titles and interest in and to the Content, including all copyrights therein, and our Marks. All uses of the Marks shall inure to our benefit. Once this Agreement has been terminated, you will delete from the Site and discontinue use of the Marks. You disclaim any right, title or interest in or to the Marks and will not take any action to create a unitary composite mark. You agree not to do anything contesting or impairing our rights in and to the Marks.
(B) You hereby transfer, convey and assign to us, and agree to cause your officers, directors, employees and agents to transfer, convey and assign to us, all right, title and interest in or to any and all intellectual property in which you acquire an interest which, under this Agreement, is owned by us. You also agree to execute and to cause your officers, directors, employees and agents to execute any documents that we may request for the purpose of evidencing, enforcing, registering or defending our ownership of that intellectual property.

Indemnification.

(A) We will defend, indemnify and hold harmless you and your affiliates against any claim by third parties that the Content infringes any South African or United States copyright, knowingly infringes any South African or United States patent, or results from the misappropriation of trade secrets, unless the claim arises out of (i) your specific requirements, (ii) any modification of the Content, or (iii) combination of the Content with other data, products, materials, programming, or information not provided by us.
(B) You will defend, indemnify and hold harmless us and our affiliates against any loss, cost or damage arising out of any claim by third parties relating to the Site including any claim by a third party or you with respect to advertising sold by you in the event that this Agreement is terminated by us; provided, however, that you will not be so obligated if the claim is covered by clause (A) above.
(C) The obligation of each party in clause (A) and (B) above to indemnify, defend and hold harmless the other party will be subject to the indemnified party providing prompt notice of the claim giving rise to the obligation, and indemnifying party's right to select legal counsel to represent both parties, provided there is no conflict between such counsel's representation of both parties.

OFFICIAL DISCLAIMER.

CustomWeather, Inc. makes no guarantees about and bear no responsibility or liability concerning the accuracy or timeliness of the images being published on www.1stweather.com web pages. All weather and forecast maps are generated by CustomWeather, Inc. and do not represent the actual forecasts issued by the South African Weather Service. These products are not a substitute for official forecasts and are not guaranteed to be complete or timely. The underlying data are the direct product of the various forecast models and are supplied without interpretation or correction by the National Centers for Environmental Prediction, the National Weather Service, NOAA in the United States of America.

No Warranty.

ALL WEATHER INFORMATION AND FORECAST PLOTS INCLUDED WITHIN THE CONTENT ARE PROVIDED "AS IS". WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND OR NATURE WITH RESPECT TO THE ACCURACY OF THE CONTENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY GFS MODEL PLOT.

Limit On Our Liability

CustomWeather, Inc., its officers, directors, affiliates or agents are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this service or for any claim, loss or injury based on errors or omission, interruptions or any other inaccuracies appearing on 1stweather.com (including without limitation as a result of breach of any warranty or other term of this Agreement).
In no event will either party be liable to the other under any legal theory for any indirect, special, incidental, punitive, exemplary, consequential or similar damages, including lost profits or revenues, arising out of or in connection with the performance or nonperformance of this Agreement, or for any claim made against a party by any other entity, even if such party has been advised of the possibility of such claim.
In no event will CustomWeather, Inc., its officers, directors, affiliates or agents be responsible for late Content as a result of condition beyond our control such as internet slowdowns or stoppages and SHALL NOT CONSTITUTE BREACH OF THIS AGREEMENT. Refunds will ONLY be made if Content is NOT updated for FORTY-EIGHT (48) hours, i.e. EIGHT (8) MODEL RUNS, and refunds will then be calculated on a prorated daily basis and a credit will be added towards your following month's subscription fee. NO MONETARY refunds will be made.

Termination.

(A) Either we or you may terminate this Agreement upon written notice to the other party upon the happening of any of the following events:
- on THIRTY (30) days notice at any time; or
- immediately, if the other party materially breaches this Agreement; or
- immediately, if a petition for relief under any bankruptcy legislation is filed by or against the other party or the other party makes an assignment for the benefit of creditors or receiver is appointed for all or substantially all of the other party's assets.
(B) If payment is not received at the start of each month, you will be notified by email and given 7 days to remit your subscription fee. If payment is not received by the 8th of the month or the closest MONDAY to the 8th of the month, your failure to pay for the subscription will result in termination of this agreement and you no longer have access to the Content.
(C) The provisions of Paragraphs 4, 5, 6, 7 and 13 will survive the termination of this Agreement.

Assignment.

Notices.

Future Access

Governing Law

Miscellaneous








	ALEXANDER BAY 21/09 ALLDAYS 21/14 BEAUFORT WEST 24/04 BELA-BELA 25/09 BETHLEHEM 26/07 BISHO 22/07 BLOEMFONTEIN 30/07 CALVINIA 24/07 CAPE ST LUCIA 25/18 CAPE TOWN 22/06 CLANWILLIAM 26/09 DE AAR 26/09 DURBAN 23/14 EAST LONDON 21/09 ERMELO 27/10 FAURESMITH 28/08 FICKSBURG 30/04 GEORGE 19/06 GRAAF-REINETT 23/04 GRAHAMSTOWN 19/03 HERMANUS 21/12 JOHANNESBURG 27/11 JOUBERTINA 20/04 KIMBERLEY 29/11 KLERKSDORP 31/07 KOMATIPOORT 30/22 KROONSTAD 30/09 LADYSMITH 20/07 LANGEBAAN 19/10 LEPHALALE 28/12 LYDENBURG 19/07 MAFIKENG 28/12 MUSINA 20/15 NELSPRUIT 22/14 NEWCASTLE 20/06 OUDTSHOORN 24/07 PAARL 26/08 PHALABORWA 22/15 PIETERMARITZBURG 22/09 PLETTENBERG BAY 19/10 POLOKWANE 21/08 PORT ALFRED 20/08 PORT ELIZABETH 19/07 PORT ST JOHNS 21/13 POTCHEFSTROOM 32/07 PRETORIA 27/12 QUEENSTOWN 19/05 RICHARDS BAY 25/15 ROBERTSON 24/05 RUSTENBURG 27/10 SASOLBURG 28/11 SKUKUZA 27/12 SOWETO 27/11 SPRINGBOK 26/15 STILBAAI 21/07 SUTHERLAND 21/01 TZANEEN 21/12 ULUNDI 22/12 UMTATA 20/06 UPINGTON 31/12 VEREENIGING 29/10 VREDENDAL 27/11 VRYBURG 32/07 WELKOM 32/09 WITBANK 22/08 WORCESTER 25/07