These Terms of Use ("Terms") govern your use of the RainArt application ("RainArt" or “Application”) operated by Dan Eisenberg (“Eisenberg”, “us”, or “we”).

By accessing and using RainArt, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services. We may modify these Terms and the Privacy Policy at any time, and such modification will be effective upon posting to the Application.

Privacy

Eisenberg takes your privacy seriously. You may opt to grant RainArt access to your current location (“Location Information”) to receive localized weather forecasts, as set forth in the Privacy Policy. Eisenberg may also automatically collect anonymous information regarding your interaction with, and use of, RainArt. By using the Application, you agree that Eisenberg may collect and use this information as set forth in the Privacy Policy.

Intellectual Property

RainArt is owned and operated by Dan Eisenberg. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by Eisenberg are protected by the United Kingdom and United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the Application are the property of Eisenberg or its subsidiaries or affiliated companies and/or third-party licensors.

All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Application shall be owned by Eisenberg, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to Eisenberg a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate into the Application any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Application.

Midjourney Generated Content

The Application includes images and illustrations ("Content") that are generated by a third-party service, Midjourney. This Content is used under licence, in accordance with Midjourney's Terms of Use.

As the creator of the assets in accordance with the Agreement with Midjourney, Eisenberg retains the ownership of the Midjourney generated Content. Users are not permitted to reproduce, display, distribute, or create derivative works from the Midjourney Content displayed within the Application.

All intellectual property rights, including copyrights, in the Content generated by Midjourney, remain the property of Eisenberg, under the agreement with Midjourney.

Any use of the Application constitutes acknowledgment and agreement to these terms and the intellectual property rights of Eisenberg in the context of Midjourney-generated Content.

The inclusion of Midjourney Content within the Application is part of our commitment to providing quality weather forecasts. If Users have any questions regarding the terms of use or intellectual property rights related to the Midjourney Content, they should refer to Midjourney's Terms of Use or consult their own legal advisors.

Limitation of Liability

In no event shall Eisenberg, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Representations and Warranties

Your use of the Application is at your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance.

Eisenberg its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements.

RainArt is intended to be used and must be used for entertainment purposes only. You understand that RainArt may expose you to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Eisenberg with respect hereto. Eisenberg does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and the information contained therein is not intended to be used as and does not constitute investment, tax, or legal advice. Eisenberg expressly disclaims any and all liability in connection with content and other materials.

Experience has shown that the resolution, timeliness, and format which lightning data are presented within various displays and products, does not provide a total solution with regard to addressing concerns regarding the presence of convective activity and/or lightning and their potential impact on the safety of personnel and/or safeguarding of facilities, whether it be of immediate or short term concern. Interpretation and application of the data, as well as any comparative analysis and/or prognosis or similar activities done by any user, are done so solely at the user's risk and have not directly or indirectly been implied, condoned or recommended by Eisenberg, and/or its data suppliers.

Termination

You agree that Eisenberg may terminate your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. Eisenberg may also at any time discontinue providing access to RainArt, or any part thereof, with or without notice. You agree that any termination of your access to RainArt or any portion thereof may be effected without prior notice, and you agree that Eisenberg will not be liable to you or any third party for any such termination.

Updates to these Terms

At times, it may be necessary for us to make changes to the Terms such as due to changes in the services we offer, Apple's policies and procedures, and/or the applicable laws of the United States. We reserve the right to update or modify the Terms at any time without prior notice. Please review the Terms periodically.

Governing Law

Any claim relating to Dan Eisenberg's application 'RainArt' shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions.

If you have questions about the policies described in this statement, please email us directly at rain@eisenbergdan.com.

Last Updated: 7/14/2023