Terms and Conditions

INTRODUCTION

  1. These Terms govern your use of Visible Earthquakes and the Website. Visible Earthquakes is a new and innovative way to visualise and model InSAR data associated with earthquake deformation. These Terms are designed to ensure that you enjoy a positive experience when using Visible Earthquakes and the Website and understand your rights and restrictions.
  2. Please familiarise yourself with these Terms prior to using the Website or registering an Account. You must observe them at all times. Your use of Visible Earthquakes or the Website (including accessing and using all Material made available on and through Visible Earthquakes or the Website, and any Material you upload to Visible Earthquakes together with your acceptance of the Terms as part of the registration process) is your agreement to be bound by these Terms. Please note that these Terms will apply to your use and access of the Website (even where you are not a User or accessing the Website in your capacity as a User).

OVERVIEW

  1. To help you understand these Terms, here is a summary:
    1. These Terms apply when you use the Website, when you register an Account and when you use Visible Earthquakes.
    2. You cannot use Visible Earthquakes or the Website in a manner that infringes these Terms.
    3. You agree to use Visible Earthquakes or the Website in a manner that complies with all applicable laws and regulations, relating to such use, and to keep your password secure.
    4. Our Privacy Policy forms part of these Terms. By using Visible Earthquakes or the Website, you agree to the terms set out in our Privacy Policy (see clause 30 for more information).
    5. We may change or amend the Terms in certain circumstances. Where this occurs, you may cancel your account if you wish.

DEFINITIONS

  1. Defined terms in these Terms are as follows:
    • "Account" - means an account that you use to access and use Visible Earthquakes in accordance with the entitlements associated with your Account.
    • "Curator" - means a person authorised by AGL in accordance with clause 6 entitled to upload earthquake information, including name, description, location, measurement details, and InSAR deformation images (“Curator Data”) to Visible Earthquakes and the Website.
    • “Commercial Purposes” - means a purpose intended for or directed toward commercial advantage or monetary compensation.
    • "Copy" (verb) - copy, reproduce, reverse engineer, modify, adapt, create a derivative work, redistribute, re-Post. "Copy" (noun), "Copies" and "Copying" have corresponding meanings.
    • "Material" - files, data, earthquake models, InSAR data, Curator Data and other such materials provided or otherwise uploaded to Visible Earthquakes by a User.
    • "Privacy Policy" - our Privacy Policy as set out on or linked to from the Website, as updated from time to time.
    • "Visible Earthquakes" - means the earthquake modelling tool using InSAR data available through the Website.
    • "Terms" - these terms and conditions in relation to Visible Earthquakes and the Website, including our Privacy Policy, as amended from time to time.
    • "User" - any individual who is authorised to access and use Visible Earthquakes subject to these Terms (including Curators).
    • "Virus" - any program code or programming instructions, or any thing or device, which may damage, interfere with, impair or otherwise adversely affect the operation of the Website (or anything provided by us on and/or through the Website), prevent or hinder access to any program or data; or enable unauthorised access to any program or data; impair or disrupt the operation of any program or the reliability of any data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise), including malicious code, trojan horses, worms, spyware, malware, computer viruses, logic bombs, backdoors, disabling code and other similar things. "Viruses" has a corresponding meaning.
    • "we" - ARANZ GEO Limited. "us" and "our" have corresponding meanings.
    • "Website" - the website hosted at https://earthquakes.aranzgeo.com.
    • "you" - the person accessing or using Visible Earthquakes or the Website. "you", "your" and "yourself" have corresponding meaning.

USING VISIBLE EARTHQUAKES AND THE WEBSITE

  1. You may only use Visible Earthquakes and the Website in accordance with these Terms and subject to any usage rights and restrictions applicable to your Account (as set out at clause 6 below). Where you use Visible Earthquakes, you acknowledge that we grant you a revocable, non-transferable, non-exclusive, limited licence to use Visible Earthquakes, where such use is subject to you complying with all your obligations under these Terms.

Registering an account

  1. To use Visible Earthquakes, you must register and subscribe to an Account. Depending on the Account you hold, the following entitlements apply:
    • User: Users may access Visible Earthquakes, the Website, published InSAR data and aggregate data submitted by other Users, as well as use Visible Earthquakes to create earthquake models;
    • Curator: In addition to the rights granted to all Users, Curators may upload, edit, delete, publish and un-publish Curator Data and review and delete earthquake models submitted by other Users.
  2. To register an Account, you must complete the requirements set out on the Website and any other federated account provided by a third party. Unless we approve otherwise, this is the only method for applying to register an account.
  3. In order to become a Curator, you must apply in writing to AGL. AGL may accept or decline any Curator application in its absolute discretion.
  4. When you register an Account, you warrant and represent that:
    1. you are over 18 and have the capacity, and all necessary powers and authorisations, to enter into and carry out your obligations under these Terms;
    2. in performing your obligations under these Terms you will not violate any laws, rules or regulations;
    3. you will only use Visible Earthquakes for your own personal purposes; and
    4. you will not use Visible Earthquakes for Commercial Purposes.
  5. Where you are using Visible Earthquakes on behalf of a third party, you acknowledge that we will not be liable to you for any losses suffered by you (or the third party) as a result of your provision of any such services of Visible Earthquakes to, or use on behalf of, a third party. You agree to indemnify us for and against any and all costs, losses, claims, damages and expenses suffered by us arising out of or in relation to any claim by any third party relating to your use of Visible Earthquakes including, but not limited to, through your failure to have all necessary authorisations.
  6. When you apply to register an Account, you will be required to provide certain information. You warrant and represent that all such information provided by you is complete and accurate. You also agree to keep all such information up to date. Please note, you may only use one email address per application to register an Account.
  7. We may decline to register your Account for any reason, including if we have previously cancelled an account set up by you because you failed to comply with these Terms.

Password and security

  1. In order to create an Account, you must sign in through Google and agree to any terms related to Google sign-in.
  2. It is your responsibility to keep your password safe and secure at all times. You must not allow your password to be disclosed to any third party. You agree:
    1. to regularly scan and remove any Viruses and otherwise ensure your computer system and data are free of such Viruses;
    2. that we will not be held responsible or liable for any losses that you suffer as a result of your password being disclosed to, or accessed by, a third party through no fault of our own;
    3. to immediately notify us of any security breach of your Account;
    4. to indemnify us for any losses that we suffer as a result of your failure to keep your Account safe and secure; and
    5. not to use anyone else's account to access Visible Earthquakes.

Accessing and using Visible Earthquakes and the Website

  1. Visible Earthquakes and the Website are each provided on an "as is" and "as available" basis. We do not guarantee that your use of Visible Earthquakes or the Website will be uninterrupted or error free or that any defects will be corrected within a certain period of time. We do not guarantee that Visible Earthquakes or the Website will be available to you at all times.
  2. You agree to access and use Visible Earthquakes and the Website in a manner that complies with all applicable laws and regulations and in a manner that does not infringe the rights of anyone else or restrict or inhibit their use and enjoyment of Visible Earthquakes and the Website (including as expressly described in these Terms). In particular, you agree not to:
    1. damage or harm Visible Earthquakes, the Website, or any underlying or connected network or system;
    2. introduce any content or Virus to Visible Earthquakes or the Website which is or may be harmful;
    3. upload any Material or content to Visible Earthquakes or the Website which infringes these Terms or any law;
    4. upload any Material to Visible Earthquakes which infringes the intellectual property rights of any third party;
    5. upload any information or Material to Visible Earthquakes which is inaccurate or misleading; or
    6. use any Virus, software programme, algorithm, methodology or other automatic device, including any spider, robot, scraper, or otherwise, to Copy Visible Earthquakes or the Website, or overwrite, monitor, collect or harvest any data, information or content found on Visible Earthquakes or the Website, or use any manual process for the same purpose(s).
  3. You acknowledge that information (including personal information) transmitted over the internet is inherently insecure and is susceptible to loss, interception or alteration while in transit. We have physical, electronic and managerial processes in place to protect the information we collect via Visible Earthquakes and the Website or which is used by Visible Earthquakes and the Website. In relation to your personal information, please see our Privacy Policy for further information. We take no responsibility for any information collected by third parties including Google.
  4. We do not make any warranties (either express or implied) or representations as to Visible Earthquakes' or the Website's accuracy, timeliness, completeness, merchantability, fitness for a particular purpose (unless expressly stated otherwise) or non-infringement. We reserve the right to periodically add, change, improve, or update Visible Earthquakes and/or the Website without notice.

Uploading Material to Visible Earthquakes

  1. All processing of InSAR data must be completed using third party software prior to uploading to Visible Earthquakes. At the time of publishing these Terms, only ‘.r4’ file types are supported by Visible Earthquakes. Any update to the file types supported by Visible Earthquakes will be notified on the Website from time to time. Uploads are performed using the Website’s application programming interface. We are not responsible for any issues, loss or inconvenience suffered by you as a result of using any third party software for processing data or performing the uploads.
  2. You confirm and undertake to us that you have all rights, authorisations and permissions to upload any Material to Visible Earthquakes. You agree to indemnify us for and against any and all costs, losses, damages and expenses that we suffer as a result of or in relation to your failure to obtain any such authorisation or permissions, including if we utilise that Material in accordance with the Terms, in reliance on your confirmation and on the basis of the undertakings given by you.
  3. By uploading Material to Visible Earthquakes, you agree to grant us a perpetual, irrevocable, exclusive, royalty-free, unrestricted, sub-licensable, worldwide licence to store, display, publish, modify, adapt, manipulate, use in publications and/or advertisements, reproduce or use your Material without any compensation or obligation to you. For the avoidance of doubt, the licence at this clause 21 survives termination of your Account or these Terms.
  4. You agree not to upload or post any inappropriate Material (for example, Material which is incorrect, defamatory, obscene, offensive, breaches any law or individual's rights, promotes our competitors' products or otherwise reflects adversely on us). We reserve the right to determine whether any Material is inappropriate in our absolute discretion. You also agree that we may take down any Material at any time for any reason without notice. You agree not to challenge any such determination by us.
  5. We will not be liable to you for any corruption or loss to the Material.

Suspension and termination of your Account

  1. You acknowledge and agree that we may we may suspend your Account for any reasons, including if you breach these Terms. We may, in our absolute discretion, elect to reinstate your Account if you remedy your breach to our satisfaction within 10 working days (if it is capable of being remedied).
  2. You may terminate your Account at any time by emailing support@aranzgeo.com.
  3. Once your Account has been suspended or terminated, you will no longer be able to edit, share or view any Material, including if you have uploaded Material to Visible Earthquakes.
  4. Please note, all Material which you make public will remain available on Visible Earthquakes and the Website for Users and members of the public to view and edit (in accordance with previously determined access rights) in the event that your Account is terminated. Where this occurs, Users and members of the public may only view and edit any such Material in accordance with any access rights previously granted by you.

INTELLECTUAL PROPERTY

  1. Visible Earthquakes and the Website are protected by copyright, trade mark and other applicable laws. You acknowledge and agree that we own all legal rights and interests (including intellectual property rights) in Visible Earthquakes and the Website (including its content) (both now and in the future), including but not limited to, the user interface and the underlying databases and functionality of Visible Earthquakes and the Website. Any rights and interests created by your use of Visible Earthquakes or the Website shall vest in us automatically on creation. You are not permitted to do anything which breaches these rights unless we expressly permit you to in writing. Where this occurs, you acknowledge that we may withdraw such permission at any time.
  2. For the avoidance of doubt, you are prohibited to sell, copy or otherwise transfer information obtained from us, Visible Earthquakes or from the Website for commercial use or any other use which is not expressly authorised under these Terms or in writing by us. This includes Material that has been downloaded from Visible Earthquakes or the Website, including, but not limited to, Material containing any edits and annotations of any User.

PRIVACY

  1. Your privacy is important to us. Please review our Privacy Policy which forms part of these Terms.

LIABILITY

  1. To the extent permitted by law, we (including any of our directors, employees, officers, affiliates, agents or suppliers) will not be liable to you and/or any third party for any loss or damage (including, but not limited to, direct, indirect, incidental, special, punitive, consequential, lost profits, lost revenues, or similar economic loss, whether in contract, tort or otherwise) that you suffer in connection with the following (even if we are advised by you of such possibility of such loss arising):
    1. the unauthorised access of your Material;
    2. damage to your material; or
    3. the loss, interception or alteration of any of your information transmitted over the internet (including any Material).
  2. We also exclude any condition or warranty that could be implied into these Terms (but only to the extent that this is allowed by law).
  3. In the event we are liable to you as a result of an event caused by us (as outlined above and subject to our obligations under New Zealand law) our maximum liability to you will be capped at NZD$1,000.
  4. You agree to indemnify us (and hold us harmless) for any costs, losses, expenses, damages suffered by us arising out of or in relation to any claims or proceedings made or filed against us arising out of your failure to comply with these Terms including, but not limited to, through uploading Material to Visible Earthquakes which infringes the intellectual property rights of any third party, or breaching any law.
  5. If you are not happy with Visible Earthquakes or the Website please contact us at support@aranzgeo.com. Following this, if you remain unhappy with Visible Earthquakes or the Website then your only remedy is to terminate your Account in accordance with these Terms or stop accessing the Website.

GENERAL

Governing Law

  1. These Terms shall be governed by and construed in all respects in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

Consumer Guarantees Act (CGA) and Fair Trading Act (FTA)

  1. You agree that, to the extent that you are in trade and you acquire products or services from us in trade (including Visible Earthquakes), the CGA does not apply to these Terms, provided it is fair and reasonable that you are bound by this paragraph. In all other cases, if the CGA applies to these Terms, nothing in these Terms limits your rights, and our obligations, under the CGA. If the CGA applies, our liability is limited to the maximum extent permissible under the CGA.
  2. You also agree that, to the extent you are in trade and you acquire products or services from us in trade (including Visible Earthquakes), you acknowledge that you do not rely on any representations or conduct other than those set out in these Terms. You also acknowledge that no claims may be brought by you under sections 9, 12A, 13 or 14(1) of the FTA to the extent those sections are applicable and provided it is fair and reasonable that you are bound by this paragraph.

Miscellaneous

  1. We reserve the right to vary, add or remove any part of these Terms at any time. Where this occurs, we will notify you upon log-in and give you the opportunity to cancel your Account. Once published on the Website, the new amended Terms will become effective. You are responsible for checking the Terms. Please regularly review the Terms as they may change over time.