Terms of Use

Welcome to Carbon Mapper’s website. These terms and conditions of use (these “Terms”) outline the rules and regulations for the use of our website (the “Site” or “our Site”) located at https://carbonmapper.org/. Please read these Terms carefully before using the Site.

These Terms constitute a legal agreement between you and us.  BY ACCESSING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE AND EXIT IMMEDIATELY. We reserve the right to modify or amend these Terms from time to time without notice to you. If you continue to use our site after we post changes to these Terms, it will mean that you accept those modified or amended Terms.

Data Use Policy

Carbon Mapper maintains the Site for your information and education. Except as otherwise noted, all content on the Site, including but not limited to data, analytics, artwork, photographs, graphics, icons, audio clips, video clips, text and trademarks (collectively, “Content”), are the sole property of Carbon Mapper, its licensors, vendors, agents and/or its Content providers.  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.

Exceptions: raw radiance products generated by NASA’s AVIRIS-NG platform which are available for download separately via https://avirisng.jpl.nasa.gov/dataportal/

Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, reverse engineer, republish, transmit, repost or otherwise use the Content without our prior written authorization (and, as applicable, any third party copyright owners of such Content).  Any violation or breach of these provisions may result our suspension or termination of your access to the Site.

All trademarks, service marks and trade names of Carbon Mapper (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 registered or common law trademarks of Carbon Mapper.  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.

Privacy

Please read our Privacy Policy to understand how we may store and use data collected from you.  We employ the use of cookies.  By accessing the Site, you agree to our use of cookies in accordance with our Privacy Policy.  The terms and conditions of our Privacy Policy are hereby incorporated into these Terms.

If you are under 18 years of age, you may use the Site only if you have legal parental or guardian consent to accept these Terms and are fully able to abide by them. Carbon Mapper does not knowingly collect information from persons under the age of 18. If you are under 18, please do not submit any personally identifiable information to the Site.

 

Disclaimer and Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND WE MAKE NO WARRANTY THAT THE SITE WILL MET 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 GURANTEE 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.  (IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”)

 

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; (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 and your use of the Site.

General Provisions

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 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 State of California, and you hereby consent to the jurisdiction of such courts for the purpose of litigating any claims arising under these Terms or related to your use of the Site.

 

Carbon Mapper makes no representation that the Site is available or appropriate for use outside of the United States, and 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.