AusGeochem and Lithodat T’s & C’s
This page summarises terms and conditions for AusGeochem, a platform for easily visualising, analysing and extracting georeferenced data produced by Australian geochemistry laboratories, and Lithodat, designers and makers of AusGeochem.
AusGeochem Terms of Use Agreement
What is AusGeochem?
AusGeochem is a cloud-hosted open geochemistry data platform designed to simultaneously act as a geosample registry, a geochemistry data repository and an active research tool. The primary objective of the platform is to provide sample and data management services to Australian geochemistry laboratories and their users.
The AusGeochem data platform has been built in collaboration between AuScope Limited (AuScope) and Lithodat Pty Ltd (Lithodat) via the AuScope Geochemistry Network (AGN) project. The platform has an intuitive user-interface and is equipped with a sample metadata uploader and geochemistry specific dataset uploaders (e.g., SHRIMP-Squid3) that allows laboratories to readily mint unique and persistent sample identifiers (e.g., IGSN; International Geo Sample Number), upload, archive, disseminate and publicise their sample metadata and associated datasets while maintaining full privacy control.
AusGeochem is designed to ensure the preservation and re-utilisation of invaluable sample materials and datasets. Sample information and data uploaded to AusGeochem can be interrogated using a variety of inbuilt analytics tools that enable users to visualise and perform data synthesis across a large volume of publicly funded and systematically stored geochemical data.
AusGeochem provides an open data repository to which users can upload data consistent with Findable, Accessible, Interoperable and Reusable (FAIR) data dissemination policies. While users maintain privacy control over their datasets, they are encouraged to make their data publicly available within a reasonable period of time and therefore promote collaboration with other researchers/colleagues as well as inspire new scientific findings based on the availability of large-scale datasets.
AusGeochem and the AGN are enabled with funding from the National Collaborative Research Infrastructure Strategy (NCRIS) managed by AuScope.
AusGeochem Usage and Acceptance of Terms
The AusGeochem platform provides a service to the community (e.g. viewing and interrogating public data on a map), although some functionality is only accessible to holders of a User account. Registration of a User account is free, however account holders must agree to comply with the terms and conditions set out in this Agreement.
It is the responsibility of the User to ensure that all account information provided is truthful and accurate. User account details are private and must not be shared by the user under any circumstances.
Users should not knowingly upload irrelevant or erroneous data, nor upload data to which they do not have ownership or rights to use.
AusGeochem reserves the right to suspend at any time, without prior notice, any account which does not respect the terms of use.
Third party terms of use
The AusGeochem data platform utilises the features including but not limited to software, information or data of Lithodat’s LithoSurfer Application. Lithodat requires Users of the AusGeochem data platform to agree to the terms of use of the LithoSurfer Application . By continuing to use the AusGeochem data platform you agree to the bound by the terms of use of LithoSurfer Application.
In the event of any inconsistency between these terms and LithoSurfer Application’s terms of use, the terms of use of the LithoSurfer Application will prevail to the fullest extent. The terms of use of LithoSurfer Application are subject to change at Lithodat’s discretion.
Third party beneficiary
Lithodat is an express third party beneficiary of these Terms and is entitled to the rights and benefits hereunder. Upon your acceptance of these Terms, Lithodat will have the right to enforce these Terms against you as a third-party beneficiary thereof.
Data publication settings, ownership and usage
AusGeochem provides an open data repository to which users can upload and download data consistent with Findable, Accessible, Interoperable and Reusable (FAIR) data dissemination policies.
AusGeochem allows users to upload data and apply a range of permission settings. For example, users have the option to share the data with the whole community (public), share the data with selected collaborators or keep unpublished data private.
By default, data uploaded to AusGeochem will be set as publicly available unless changed by Users. Data that already exists in the public domain must be uploaded as publicly available datasets.
The private option is intended to keep data out of the public view for a limited embargo period. Since AusGeochem is designed as an open repository, there is a limit of two years from the date of data upload during which a user may nominate to keep their data private.
Account holders will receive notification that data held in private mode will be automatically converted to public mode prior to the end of the two year period. Upon receiving this notification, the Account holder can request an extension of the embargo period for an additional 1 year, which will be granted automatically.
At the conclusion of this extended embargo period, an additional extension to the embargo period can be requested in writing (totaling a 4-year embargo period). After the end of the 4-year embargo period, any data which was kept private will be made publicly available through the platform.
Account holders understand and agree that private data will be automatically converted to public mode after the four-year embargo limit.
Uploading data to the AusGeochem portal is not intended to and does not affect the underlying ownership of the data.
Neither AuScope or Lithodat can be held responsible for the failure of a User to set the correct privacy settings.
Accuracy
AusGeochem makes no claims to accuracy of the data identification, acquisition parameters, processing methods, navigation, or database entries or reference information. Users are encouraged to upload analytical data for reference material to permit data quality assurance and quality control (QA/QC).
Data and services provided through AusGeochem are provided ‘AS IS’ and use of the Platform and the data is at the user’s own risk. It is the responsibility of the user to verify the accuracy of the data used for further research.
We request Users to notify us immediately of any contributions that contain incorrect or objectionable material.
In order to improve the accurate recording of data, Users are advised to follow the provided conventions on structure of data uploaded to the AusGeochem platform.
AuScope reserves the right to edit datasets that do not conform to AusGeochem data structures and to remove inappropriate or incorrect content permanently.
Security and persistence
Security of data uploaded to AusGeochem in private mode is managed through Amazon Web Services (AWS) and Lithodat's data policies. Private data will only be visible and accessible to the data uploader. A backup of data publicised through AusGeochem will be retained by AuScope in its organised form at all times, updated on a month to month basis.
AusGeochem web-application and storage are built on AWS on servers and data-centers in Australia. Security and persistence of data is guaranteed in accordance with AWS policies here. These policies provide redundant (multi-storage location) backup of data and databases, secured networks and computation. Virtual private cloud and database access is managed under Lithodat Pty Ltd. The IT infrastructure that AWS provides to its customers is designed and managed in alignment with best security practices and a variety of IT security standards.
Licence to Use
Where data packages are set to public, non-commercial users can share, modify and use the data provided that they cite the authors (for published datasets in peer-reviewed literature) or data contributors (unpublished datasets).
AusGeochem data is licensed to Users under the terms of the Creative Commons Licence CC-BY 4.0 (Attribution International). By accepting these Terms of Use, Users agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, Users are granted the Licensed Rights in consideration of their acceptance of these terms and conditions, and AuScope grants Users such rights in consideration of benefits AuScope receives from making the Licensed Material available under these terms and conditions. Full terms and conditions associated with CC-BY 4.0 can be found here.
How to Cite and Acknowledge Data Usage
Data and images downloaded and used from AusGeochem should be referenced by making use of the reference list download button.
Publications that have benefited from the use of AusGeochem public data should include the following acknowledgement:
AusGeochem is produced by the AuScope Geochemistry Network with funding from the National Collaborative Research Infrastructure Strategy (NCRIS) managed by AuScope Limited.
In addition, the following citation is recommended:
Boone et al. 2022. AusGeochem: An Open Platform for Geochemical Data Preservation, Dissemination and Synthesis, Geostandards and Geoanalytical Research 46, p 245-259, https://doi.org/10.1111/ggr.12419
Liability/Indemnity
AuScope does not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
AuScope, the AGN and Lithodat do not prevent, or accept responsibility for, the incorrect usage of the AusGeochem platform.
Users employing the public data uploaded from AusGeochem do so at their own risk. The platform does not guarantee that the data uploaded is free from error. Decisions, interpretations and publications based on AusGeochem data are under no circumstances the responsibility of the platform.
Users accept that the privacy control settings are their responsibility. As data uploaded to AusGeochem is by default made public, it is the user’s responsibility to manage access control if there is a need for a dataset to be kept confidential for the embargo period. Collaborative settings and errors in collaborator management are under no circumstances the responsibility of AusGeochem and will always be imputable to users.
Users indemnify AuScope and each member of the AGN from and against all losses incurred as a result of the user’s breach of these Terms, any law or the rights of any third-party (including intellectual property rights).
Modifications
AuScope are allowed to modify, change, add to, terminate, or suspend any part or all of the AusGeochem site at any time without providing notice and at our discretion.
AuScope reserves the right to modify this Agreement at any time by notifying registered Users of the AusGeochem platform.
The Terms of Use Agreement was last updated on the 12 October 2022.
Jurisdiction
These Terms will be governed by and interpreted in accordance with the law of Victoria, Australia.
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.
Eligibility
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.
User registration
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 info@lithodat.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.
Acceptable use
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 support@lithodat.com. Unless we agree to the specified purpose in writing and subject to any licensing fee, you cannot use the LithoSurfer Application for that purpose.
Restricted activities
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.
Payment
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.
Features
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.
Commercial use
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 support@lithodat.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.
Data security
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.
Marketing
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.
Suspension
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.
Terminate
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.
Testimonials
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.
Variations
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.
Severability
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.
Disclaimer
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.
General provisions
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.
Privacy policy
For our privacy and policy statement, please refer to our Privacy Policy.
Contact us
If you have any questions, feedback, or complaints regarding the LithoSurfer Application, then please contact us via email at support@lithosurfer.io.
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QUESTIONS?
Please reach out anytime if you need assistance, someone from the AuScope Geochemistry Network (AGN) team can help you — please email us.