Terms of Use

CarbonMapper.org Terms of Use

Version as of November 10, 2023

These terms of use are entered into by and between you and Carbon Mapper, Inc. (“Carbon Mapper”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website and online services, including any content, functionality, and services offered on or through https://carbonmapper.org/ (the “Site”), whether as a guest or a registered user.

These Terms of Use constitute a legal agreement between you and us. Please read these Terms of Use carefully before using the Site. BY ACCESSING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE. 

We reserve the right to modify or amend these Terms of Use from time to time without notice to you. If you continue to use our site after we post changes to these Terms of Use, it will mean that you accept those modified or amended Terms of Use.

Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated by references into these Terms of Use. 

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both (i) making all arrangements necessary for you to have access to the Site and (ii) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • To impersonate or attempt to impersonate Carbon Mapper, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Carbon Mapper or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  • Use any automatic device, process, or means (e.g., robot, spider, or other) to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Copy any of the material on the Site for any purpose not expressly authorized in these Terms of Use.

Intellectual Property Rights

Except as otherwise noted, the Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Carbon Mapper, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any unauthorized use of the Content may be a violation of applicable intellectual property laws and regulations, including without limitation applicable copyright and trademark laws and regulations.

Permissible Uses – You may use the material on our Site as follows:

  • Carbon Mapper data dated 2022 or later (“Data”) may be used for non-commercial purposes subject to a Modified Creative Commons Attribution ShareAlike 4.0 International Public License (“Modified CC BY-SA 4.0 License”). Such Data is provided via the Carbon Matter Data Portal (https://data.carbonmapper.org ) or via Carbon Mapper API. The Modified CC BY-SA 4.0 License allows one to adapt, reproduce, and share the Data provided that, among other conditions, that attribution is provided to Carbon Mapper. The following is sample language that may be used for attribution (be sure to include a link to the Modified CC BY-SA 4.0 License):

This work is adapted from the work of Carbon Mapper Inc. with funding from Bloomberg Philanthropies, used under a Modified Creative Commons Attribution ShareAlike 4.0 International Public License.

  • Carbon Mapper Data may be freely used for academic purposes and by the media (both commercial and non-commercial media). Such use shall be governed, to the extent applicable, by the Modified CC BY-SA 4.0 License.

Please contact us if you have any questions or wish to make any use of material on the Site other than as set forth in this section.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Carbon Mapper. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks – All trademarks, service marks, and trade names on the Site (including, but not limited to, the Carbon Mapper name, logo, the Site name, the Site design, and all other names of Carbon Mapper’s programs referenced on the Site) (collectively, the “Marks”) are trademarks of Carbon Mapper or its affiliates or licensors. In no event may the Marks be reproduced separately from the textual content associated with them on the Site. You shall not use the Carbon Mapper name or any language, pictures or symbols which could, in Carbon Mapper’s judgment, imply Carbon Mapper’s endorsement, including without limitation in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without our prior written consent.

Disclaimer and Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. WE DO NOT ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, AND WE DO NOT WARRANT ITS CORRECTNESS, COMPLETENESS, RELIABILITY, OR ACCURACY; NOR DO WE GUARANTEE THAT THE SITE WILL REMAIN AVAILABLE OR THAT THE MATERIAL ON THE SITE WILL BE KEPT UP TO DATE. ALL CONTENT ON THE SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

CARBON MAPPER DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL CARBON MAPPER, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR PARTNERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SITE, ANY WEBSITES LINKED TO OUR SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER ANY CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARBON MAPPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT CARBON MAPPER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF OUR SITE, YOU RELEASE CARBON MAPPER, ITS DIRECTORS, EMPLOYEES AND PARTNERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. TO THE EXTENT APPLICABLE TO YOU, YOU HEREBY WAIVE ALL PROTECTIONS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY,” AS WELL AS UNDER ANY OTHER SIMILAR APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH OUR SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

THE FOREGOING WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WILL SURVIVE THESE TERMS AND YOUR USE OF OUR SITE.

Indemnity

You agree to defend, indemnify and hold harmless Carbon Mapper, its directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any link(s) should appear on the Site that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

Geographic Restrictions

Carbon Mapper makes no representation that the Site is available or appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are responsible for compliance with applicable United States export control laws and any applicable foreign laws.

Governing Law and Jurisdiction

You agree that the Site shall be deemed solely based in the State of California, and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Carbon Mapper in jurisdictions other than the State of California. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California as applied to agreements entered into and to be performed entirely within the State of California. Any claim or cause of action arising out of or relating to the Site shall be barred permanently unless such claim or cause of action is brought within one year after it arises, and any such claim or cause of action shall be brought only in state or federal courts located in the County of Los Angeles in the State of California, and you hereby consent to the jurisdiction of such courts for the purpose of litigating any claims arising under these Terms of Use or related to your use of the Site. Notwithstanding the foregoing, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.