LITHODAT TERMS AND CONDITIONS
The LithoSurfer Application located at https://app.lithodat.com/ is owned and operated by Lithodat Pty Ltd (ACN 627 008 904) (referred to as we/us/our).
These terms and conditions (Terms) govern the access and use of the LithoSurfer Application. Please read all of the important information below. If you do not agree to any of these terms and conditions, please do not continue to use this application.
For the purposes of these Terms, a reference to the word “data” means all forms of data including but not limited to text files, metadata, spatial data, images, video and audio.
The LithoSurfer Application can be used by persons aged sixteen (16) years or older. If you are under sixteen (16) years of age, please exit our platform.
You must register on the LithoSurfer Application to access and use the application. If you do not register, you will not be able to access all features on the application.
We collect the following information when you register with us:
Your first name and last name;
Your desired username; and
Your email address.
Please note that you cannot change your username at a later stage
It is your responsibility to ensure that the details you provide are correct. Please check any details carefully before submitting them.
What is the LithoSurfer Application?
The LithoSurfer Application is an intuitive online Data as a Service platform that makes it quick and easy to enter, browse, visualise, analyse and extract geospatial data. At Lithodat Pty Ltd we collect publicly available geospatial data and rigorously transform it before making it available to our users.
By using this application, you will get access to complex datasets and apply them to your workflows. We offer a range of products and services from providing a customised platform for storing, viewing, analysing and publishing your data, creation of complex data models, automated IGSN batch minting and bespoke data extraction, structuring and data mining from public sources.
Our vision is to provide our users with easy, accessible and fast cloud-hosted spatial geoscience databases and built-in analytics to simplify and accelerate the usage of specialist datasets to gain fast new insights about a region of interest.
We offer a wide range of products and services from providing a customised, rebranded and newly skinned LithoSurfer platform for your data, creation of complex data models, automated IGSN batch minting and bespoke data extraction, structuring and mining and consulting and advice for your geospatial data projects.
If you love our product and/or want to learn more about our products and services please feel free to contact us under email@example.com.
How does the LithoSurfer Application operate?
When you register an account with us, you will be able to view, browse, analyse and access various data compilations and shared packages put together by us or other users.
You will also be able to upload your own data and you will have the opportunity to mark your data as private, public or commercial depending on what institute/organisation you are assigned to and what license level your institute/organisation has. However, should you assimilate or use any publicly available data on our application with your private data, then you will be granting us a royalty free, irrevocable licence as per the clause below in that publicly available data and the resulting derivative work. That will not affect the use case for data with a commercial setting which will stay in a fully proprietary state for users with a commercial license.
In addition to uploading the data, you will be able to add people as supervisors and editors of your data packages. If you want to share your private or any other data with any commercial clients via this platform you will need to acquire a commercial licence for LithoSurfer from Lithodat Pty Ltd.
When you register with us, we will grant you a non-exclusive, non-transferrable, non-shareable, non-sublicensable, revocable, personal, academic and non-commercial licence to access and use the LithoSurfer Application pursuant to these Terms and any additional terms and conditions or amendments to these Terms set forth by us from time to time.
You can use the LithoSurfer Application only for uploading and sharing geoscience data and for viewing, browsing, analysing and accessing various data compilations and packages. You cannot use the LithoSurfer Application for any other purpose including any illegal activities, including but not limited to upload malicious content or infringing material.
You must upload data in accordance with the requirements set by your academic institution and in any event the uploaded data must be consistent with Findable, Accessible, Interoperable and Reusable (FAIR) data dissemination policies.
If you would like to use the LithoSurfer Application for any purpose other than those mentioned above, then please reach out to us at firstname.lastname@example.org. Unless we agree to the specified purpose in writing and subject to any licensing fee, you cannot use the LithoSurfer Application for that purpose.
You agree not to:
Reverse engineer, extract, decompile, modify, create derivative works of, or otherwise amend the LithoSurfer Application;
Evade any security feature or functionality of the LithoSurfer Application;
Permit any third party to access or use the LithoSurfer Application;
Use any code or application that interferes with the working of the LithoSurfer Application;
Upload any corrosive or corrupt data;
Use the LithoSurfer Application in any manner which is contrary to an Australian or international law; and
Onsell any information obtained from this LithoSurfer Application, use any data mining robots or other extraction tools or metatag or mirror the LithoSurfer Application.
The LithoSurfer Application is currently free to use for academic and non-commercial purposes. However, this may change in the future and we may, at our own discretion, begin charging for use of all or part of its features at any time, without notice to you.
Not all features are available to everyone.
If your institution has negotiated a licence agreement with us, then you will be able to access all features of the LithoSurfer Application.
Users that are affiliated with an institution would be able to create their own data packages depending on their institution.
All users, whether affiliated with an institution or not, will be able to access the LithoSurfer Application’s viewing capabilities. Viewing capabilities include but are not limited to viewing publicly available data and interacting with it and may change from time-to-time.
We may, at our own discretion, add a “free” public institution so users that are not affiliated to an academic institution would be able to create few data packages with limited functionality.
Types of data
On the LithoSurfer Application, the four types of data you will encounter are:
Data that we have compiled, extracted, mined, transformed and bundled (covered under the definition of LithoSurfer Materials);
All publicly available data irrespective of the source (Publicly Available Data);
Data that a user marks as public (User Public Data); and
Data that a user marks as private (User Private Data).
Data that is marked as commercial (Commercial Data).
Intellectual Property Rights
We own all intellectual property rights (including but not limited to copyright, patents, trade marks (whether registered or unregistered) in the LithoSurfer Application and its materials, information, content, data compilations and packages, that being data packages, sets and compilations that are mined, cleansed, structure and re-bundled by us (LithoSurfer Materials). You must not reproduce, store, adapt, distribute, display, publish or create similar works from them save as where specified otherwise.
For the avoidance of doubt, intellectual property rights in data uploaded to the LithoSurfer Application will subsist with the user uploading it. However, we and other users of the LithoSurfer Application would have a licence in that data under certain circumstances as elicited in the “Licence in your data” clause.
When you register an account with us, we will grant you a revocable, non-exclusive, non-transferrable, non-shareable, royalty-free and non-sublicensable licence in the LithoSurfer Materials. This licence is for academic and non-commercial use only and for the purpose of using the functionalities of the LithoSurfer Application. You cannot sub-license it to anyone else.
No licence is granted to you either expressly or impliedly in the trade marks, names or logos of the LithoSurfer Application.
You cannot use the LithoSurfer Application and/or LithoSurfer materials and content for commercial purposes. If you wish to use it for commercial purposes, then please contact us at email@example.com. We can provide you with a range of services including but not limited to distributing, discovering and analysing your data.
For the avoidance of doubt, this clause does not intend to prejudice any Creative Common licence rights that may subsist in any Publicly Available Data.
Social media accounts
From time-to-time, we may operate accounts on various social media accounts such as Facebook, Twitter and Instagram. You can join our social media to get the latest updates about our LithoSurfer Application and connect with other members.
You must be respectful and courteous in your interactions on social media accounts. You must not make any vile, racist, sexist, discriminatory or hateful comments on our social media pages. If you make inappropriate comments on our social media pages, then your access to our social media pages and the LithoSurfer Application will be terminated.
We will adopt reasonable cybersecurity practices to safeguard your personal information and the data uploaded against cyber-attacks, data breaches and hacks. This includes but is not limited to storing the personal information and data on secure servers.
Data back up
We do not back up your data. As such, it is your responsibility to retain a backup of your data. We shall not be responsible for any loss of data if you fail to back up your data.
Licence in your data
When you upload your data to the LithoSufer Application, you will have the opportunity to mark it as private or public. We will not be liable if you fail to set the correct data settings.
By marking the data as public, you are granting us and other users an irrevocable, royalty-free, sublicensable, shareable, unrestricted and transferable licence in the User Public Data.
You have the opportunity to mark the User Public Data as private at a later stage and the aforementioned licence will be revoked; however, the revocation will not have a retrospective effect.
If the User Private Data makes use of Publicly Available Data, then we will be entitled to an irrevocable, royalty-free, sublicensable, shareable, unrestricted and transferrable licence in that portion of data that exploits Publicly Available Data. For the avoidance of doubt, no licence or exploitation rights will be sought in the region of User Private Data that is separate and distinct from the Publicly Available Data.
If you have registered with us through your educational institute, then depending on your educational institute’s internal policy, your User Private Data will be marked as User Public Data after a certain period of time.
By registering with us, you agree for us to send you our newsletter and occasional updates or offers. You can opt-out of receiving any marketing and advertising materials at any time.
If you are in breach of these Terms and if the breach is not remedied within four (4) weeks, we reserve the right to suspend your access and use of the Lithosurfer Application.
We reserve the right to terminate your access and use of the LithoSurfer Application if you are in a serious breach of the Terms or if you repeatedly breach these Terms.
Any review or other matter that could be regarded as a testimonial or endorsement about the LithoSurfer Application does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of LithoSurfer Application and you acknowledge that testimonials represent the anecdotal experience of individual consumers.
Limitation of liability
We will not be liable to you for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to the use of LithoSurfer Application, even if advised of the possibility of such damages.
Availability of the application
From time to time, down-time, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.
We may vary these Terms by giving you written notice at any time. By continuing to use the LithoSurfer Application, you agree to be bound by the varied terms.
Jurisdiction and governing law
These Terms are governed by the laws of the State of Victoria, Australia.
Events which are out of control
We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.
Servers and data storage
Our web application makes use of cloud servers and cloud data storage systems so that it can be accessed from anywhere with an internet connection. These servers and storage systems are maintained and operated by independent third parties. We have no control or say over these servers and storage systems.
Therefore, to the extent permissible by law, we shall not be held liable and responsible for any delay or loss if the delay or loss is caused due to the unavailability, inoperativeness, failure or fault of those servers and/or storage systems.
Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable.
Otherwise, any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
You acknowledge and agree that, to the extent permissible at law, this LithoSurfer Application and all content, including data and data packages, appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind.
To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of LithoSurfer Application or its content, or any other linked LithoSurfer Application and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this LithoSurfer Application.
We also exclude liability in respect of mistakes or inaccuracies of our LithoSurfer Application or its contents, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our LithoSurfer Application by a third party or any interruption or cessation of transmission from our LithoSurfer Application.
For the avoidance of doubt, we do not guarantee the accuracy of any data available on the LithoSurfer Application. This is because we collate data from various data sources and then transform it, by cleaning and structuring, for use. We do not have any control or say over that data as it is typically maintained by independent third parties. If you have any queries about the data and its accuracy, then please feel free to contact us. Under no circumstances, we will be responsible for any loss incurred due to the use of the data available on the LithoSurfer Application.
If we do not take any action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.
In the event that we merge, sell or otherwise change control of our business or this LithoSurfer Application, we reserve the right and you hereby consent to us transferring, assigning or sub licensing the rights to use of any personal information and/or user content that you have provided to us.