Conditions of use The CARTOON Weather mobile application (the "Application") is made available to you by Michal Kůs ("I", "me" or "my") in accordance with these Terms of Use, including the terms set forth in the Privacy Policy (the "Terms"). By accessing, using or downloading any materials from the Application, you agree to comply with and be bound by the Terms, which I may update from time to time without notice to you. You can view the most current version of the Terms at any time here. I may make improvements and/or changes to the products, services, mobile applications, features, programs and pricing described in this App at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly identified legal notices or terms located on individual pages of this App. The App is not intended for and is not intended for children under the age of 13. If you do not agree to the Terms, do not use this Application. BY CONTINUING TO USE THE APP, YOU SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND ANY CHANGES TO THEM.
I reserve the right to modify or discontinue the Application or any part thereof, temporarily or permanently, at any time and from time to time, with or without notice. You agree that I shall not be liable to you or any third party for any modification, suspension or discontinuance of the Application or any portion thereof.
Payments
If you choose to purchase a CARTOON Plus subscription, your payment will be charged to your Apple ID account at the end of the trial period after you purchase your subscription. Your subscription will automatically renew unless you cancel at least 24 hours before the end of the current term. Your account will be charged for the subscription renewal within 24 hours before the end of the current term. You can manage and cancel your subscription in your App Store account settings after purchase.
All purchases are final. Purchases charged to your Apple ID cannot be refunded.
Property rights
You acknowledge and agree that the App and any necessary software used in connection with the App (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as approved by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the Software or the Content available on the App (other than Content you may submit), in whole or in part.
I grant you a personal, non-transferable, non-exclusive right and license to access and use the Application; provided that you will not (and will not permit any third party to) copy, modify, create a derivative work of, reverse engineer, reverse compile or otherwise attempt to discover the source code of, sell, transfer, sublicense, grant a security interest in, or otherwise transfer any rights in the Application. You agree not to access the Application other than through the interface we have provided for accessing the Application.
The terms CARTTOON Weather, CARTTOON Plus; the CARTTOON Weather logo are the exclusive trademarks and are the property of Michal Kus and you may not use or display these trademarks in any manner without our prior written consent. Any third party trademarks or service marks displayed on the App are the property of their respective owners.
Disclaimer of warranties and liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE APP ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. Michal Kůs, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES, EMPLOYEES, SPONSORS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Michal Kůs, ITS SUBSIDIARIES, ASSOCIATES, ASSOCIATES, EMPLOYEES, SPONSORS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SAFE AND ERROR-FREE; (c) the RESULTS YOU MAY OBTAIN FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO THE CONSENT OF MICHAEL KUS, ITS SUBSIDIARIES, ASSOCIATES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND LICENSORS (THE "RELEASED PARTIES") FROM ALL LIABILITY ASSOCIATED WITH YOUR ACTIVITIES AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, SUITS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, THAT ARISE OUT OF OR IN ANY WAY RELATED TO (a) YOUR USE OR NON-USE OF THE APP, (b) YOUR TRANSACTIONS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISING PROVIDERS AVAILABLE THROUGH THE APP, (c) ANY DISABILITY OR INABILITY TO USE THE APP YOU ARE USING, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED BY THE APP PROVIDER, WHETHER BY CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MICHAL KUS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold me and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App, your use of the App, your connection to the App, your violation of the Terms, or your violation of any rights of another person or entity.