Terms of Use
The Web site linking to these terms ("Site") was developed by the University Corporation for Atmospheric Research (UCAR) which includes its programs, the National Center for Atmospheric Research (NCAR) and its labs.
By using or contributing to the Site and/or downloading materials from the Site, you, the user, agree to the terms and conditions set forth in this document (the "Terms of Use"). If you do not agree to be bound by these Terms of Use, please promptly exit the Site. UCAR reserves the right to modify the Terms of Use in its discretion at any time. Such modifications will be effective when posted.
1. Site Content. Throughout the Site you may access images, information, documents, software, data, models and services (collectively, the "Materials") developed at UCAR or provided by other Site users ("Contributors"). Some of these Materials are governed by their own specific terms of use and copyrights. In the absence of specific terms of use, these Terms of Use shall apply. The burden of determining that use of any Materials on or linked to a Site is permissible, rests with you, the user.
2. Permitted Use. The user is granted the right to use the Site for non-commercial, non-profit research, or educational purposes only, without any fee or cost. In the event you breach these Terms of Use or any Material-specific terms or you infringe any copyrights, UCAR may suspend or immediately terminate your access to the Site and the Materials and pursue any and all legal and equitable remedies available to it, although UCAR is under no legal obligation to do so.
3. Contributed Content. Certain Sites may provide a blog or other service that permits participation by and contributions from users other than UCAR employees (“Contributors”). Any Contributor of images, footage, information, documents or other materials (“Materials”) posted to the Site is solely responsible for the content. By posting any Material, the Contributor:
a) grants to UCAR, its successors and assigns, a perpetual, worldwide, nonexclusive right, for no fee: to use, copy (an unlimited number of times), perform, publish, distribute, transfer, sell (on a cost-recovery basis only) and disseminate the Material (and derivative works) in all media, including the World Wide Web; to create derivative works from the Material; and to sub-license to others all such rights in and to the Material;
b) represents and warrants that (i) Contributor is the sole author/creator of the Material, (ii) Contributor has complete authority to grant the rights described herein, (iii) there are no recognizable individuals in any Material, other than individuals who have signed comprehensive releases permitting the use of their image, and (iv) UCAR’s exercise of its rights in the Material (as described in this agreement) will not infringe upon any right of privacy, copyright or any other proprietary right held by another party;
If any of the foregoing representations and warranties are false, Contributor shall defend, indemnify, and hold UCAR harmless from any resulting claims, demands, damages, costs (including reasonable attorney fees) and liabilities.
4. Prohibited Uses. The following categories of use are inappropriate and prohibited:
Use that is unlawful, harassing or threatening, libelous, defamatory, obscene, pornographic, or that would violate any law or the rights of others, including without limitation, copyright laws
Use that impedes, interferes with, impairs, damages or otherwise causes harm to the activities of others, this Site, the Materials or other UCAR systems, including but not limited to, spamming, attempts to defeat system security, unauthorized access or use, distribution of computer viruses, and modification or removal of data
Use for the purpose of lobbying that connotes UCAR involvement, except for authorized lobbying through or in consultation with UCAR's Office of Government Affairs
Use that may expose UCAR to criminal or civil liability
Use that is inconsistent with UCAR's non-profit status and mission;
UCAR is a non-profit, tax-exempt organization and, as such, is subject to specific federal, state, and local laws regarding sources of income, political activities, use of property, and similar matters. As a result, commercial use of the Site or the Materials for non-UCAR purposes is generally prohibited. Requests for exception to this should be directed to ipinfo@ucar.edu.
The names, "University Corporation for Atmospheric Research, UCAR, National Center for Atmospheric Research, and NCAR" and the names, acronyms or trademarks associated with any of its other programs or laboratories may not be used in any advertising or publicity to imply an association with UCAR or endorsement by UCAR of any products, services or institutions, unless specific written permission is obtained from UCAR
5. Copyright. You bear the burden of determining the proper usage of any Materials or content on the Site. Any copyright notice contained in this Notice or in any other Site shall remain intact and unaltered and shall be included with any use or copy of all or any such part of the Site. The user must include an appropriate citation crediting the source of all or any portion of the Site. Any complaints about copyright use or infringement should be processed as stated under the copyright infringement procedures set forth at the end of these Terms of Use.
The rights granted to you constitute a license and not a transfer of title. Except as specifically permitted herein or unless agreed to in writing by UCAR, UCAR does not grant any express or implied right or license to you under any patents, copyrights, trademarks, or other intellectual property rights with respect to the Site or the Materials.
Unless otherwise agreed to in writing by UCAR, UCAR is not obligated to provide, and will not provide, support, consulting, training, or assistance of any kind whatsoever with regard to the use of the content, operation and/or performance of this Site.
6. Links. The Site contains links to other Web sites that do not belong to UCAR ("third-party sites"). Any third-party site is outside the domain of and is not under the control of UCAR. UCAR is providing the link only as a convenience. UCAR is not responsible for the content or use of any third-party site or any linked site contained within the third-party site, or any changes or updates thereto. No sponsorship, approval or endorsement of any product, service or information provided by the third-party site, the content of the site, or the site itself is intended or implied by UCAR.
7. Disclaimer/Limitation of Liability. THE CONTENT ON THE SITE, INCLUDING THE MATERIALS, IS PROVIDED BY UCAR "AS IS." UCAR EXPRESSLY DISCLAIMS THE APPLICABILITY OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA), AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL UCAR BE LIABLE FOR ANY DAMAGES OF ANY NATURE SUFFERED BY YOU, ANY USER, OR ANY THIRD PARTY RESULTING IN WHOLE OR IN PART FROM UCAR’S EXERCISE OF ITS RIGHTS UNDER THESE TERMS OF USE. IN NO EVENT SHALL UCAR BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, CLAIMS ASSOCIATED WITH THE LOSS OF DATA OR PROFITS, THAT ARISE OUT OF OR IN CONNECTION WITH THE ACCESS, USE, CONTENT, PERFORMANCE OF OR RELIANCE ON THE SITE, ANY LINKED SITE, ANY LINKS CONTAINED IN ANY LINKED SITE, OR THE MATERIALS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
8. Indemnification. You agree to indemnify and hold UCAR, its employees, officers, trustees and affiliates, harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms or your use of the Site, and to fully cooperate in UCAR’s defense against any such claims.
9. Laws. By visiting the UCAR Site, the user agrees that the laws of the State of Colorado and the United States of America, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between the user and UCAR.
By visiting and using the Site and the Materials, the User agrees to abide by all laws of the United States of America, including any applicable export control laws regarding the use of any or all parts of the Site and the Materials.
10. Privacy Policy. The only personal information that UCAR obtains about a user of its Site is information supplied voluntarily by the user. For more information see UCAR's privacy policy page.
11. University Corporation for Atmospheric Research Digital Millennium Copyright Act (DMCA)
Implementation of UCAR's compliance with the Digital Millennium Copyright Act of 1998 is documented here.
12. NSF Support. Much of the Material found on the Site is based upon work supported by the National Science Foundation. The National Center for Atmospheric Research is sponsored by the National Science Foundation (the "NSF"). Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the NSF.