Terms of Use
This Site was developed by the University Coporation for Atmospheric Research (UCAR), Chicago Botanic Gardens, and the University of Montana, with funding from the Project BudBurst sponsors.
By using this Site and/or downloading materials from this 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 all Sites. Project BudBurst reserves the right to modify the Terms of Use in its discretion at any time. Such modifications will be effective when posted.
Site Content. Throughout this Site you can access images, information, documents, software, data, models and services (collectively, the "Materials") from throughout Project BudBurst. 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.
Use. The user is granted the right to use this Site for non-commercial, non-profit research, or educational purposes only, without any fee or cost. In the event you breach the Terms of Use or terms of use for specific Materials, or infringe any copyrights, Project BudBurst may suspend or immediately terminate your access to this Site and the Materials and pursue any and all legal and equitable remedies available to it, although Project BudBurst is under no legal obligation to do so.
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 Project BudBurst 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 that is inconsistent with Project BudBurst's non-profit status and mission. Commercial use of this Site or the Materials for non-Project BudBurst purposes is generally prohibited. Requests for exception to this should be directed to budburstweb@ucar.edu. Use for the purpose of lobbying that connotes Project BudBurst involvement, except for authorized lobbying through or in consultation with Project BudBurst.
Use that may expose Project BudBurst to criminal or civil liability.
The name Project BudBurst may not be used in any advertising or publicity to endorse or promote any products or commercial entity unless specific written permission is obtained from Project BudBurst.
Copyright. You bear the burden of determining the proper usage of any Materials or content on this Site or any other site. Any copyright notice contained in this Notice or in any other part of this Site shall remain intact and unaltered and shall be included with any use or copy of all or any such part of this Site. The user must include an appropriate citation crediting the source of all or any portion of this Site. Any complaints about copyright use or infringement should be processed as stated under the Copyright infringement procedures.
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 Project BudBurst, Project BudBurst 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 this Site or the Materials.
Unless otherwise agreed to in writing by Project BudBurst, Project BudBurst 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.
Links. This Site contains links to other Web sites that do not belong to Project BudBurst ("third-party sites"). Any third-party site is outside the domain of and is not under the control of Project BudBurst. Project BudBurst is providing the link only as a convenience. Project BudBurst 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 Project BudBurst.
Disclaimer/Limitation of Liability. THE CONTENT ON THIS SITE, INCLUDING THE MATERIALS, IS PROVIDED BY PROJECT BUDBURST "AS IS." PROJECT BUDBURST 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 PROJECT BUDBURST BE LIABLE FOR ANY DAMAGES OF ANY NATURE SUFFERED BY YOU, ANY USER, OR ANY THIRD PARTY RESULTING IN WHOLE OR IN PART FROM PROJECT BUDBURST’S EXERCISE OF ITS RIGHTS UNDER THESE TERMS OF USE. IN NO EVENT SHALL PROJECT BUDBURST 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 THIS 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.
Indemnification. You agree to indemnify and hold Project BudBurst 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 Project BudBurst’s defense against any such claims.
Laws. By visiting the Project BudBurst 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 Project BudBurst.
By visiting and using this 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 this Site and the Materials.
Privacy Policy. The only personal information that Project BudBurst obtains about a user to its Site is information supplied voluntarily by the user. For more information, visit the Project BudBurst privacy policy.
Notification of Copyright Infringement
Project BudBurst will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please provide Project BudBurst's Copyright Agent a Copyright Infringement Notification. Subscribers who feel that an infringement notification has been filed in error may submit a Copyright Infringement Counter Notification.
The Digital Millennium Copyright Act requires that all notices of alleged copyright infringement be in writing. For Project BudBurst to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing the Project BudBurst of an alleged copyright infringement, you should:
(1) Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that site.
(2) Describe the material that is claimed to be infringing and provide sufficient information to permit Project BudBurst to locate that material.
(3) Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
(4) Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
(5) Certify that the information that you have provided Project BudBurst is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
(6) Include your physical or electronic signature.
Project BudBurst may not be able to act on your complaint promptly or at all if you do not provide this information.
Project BudBurst's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
Copyright Agent
Office of General Counsel
University Corporation for Atmospheric Research
1850 Table Mesa Dr.
Boulder, Colorado 80305
By telephone: 
(303) 497-8870
By fax: 303-497-8501
By e-mail: copyright@ucar.edu
THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE.
