SeismicZone.com Terms of Use

These Terms of Use were last modified and are effective as of August 2013.

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE, www.katalystdm.com AS WELL AS ANY AND ALL TOOLS, FEATURES OR SERVICES ASSOCIATED WITH, ARISING FROM OR RELATED TO THE FOREGOING SITE, INCLUDING WITHOUT LIMITATION, www.seismiczone.com, KATALYST’S (AS DEFINED BELOW) PROPRIETARY PLATFORM (“SeismicZone”)(collectively, the “Site”). BY ACCESSING AND USING OUR SITE, WHETHER DIRECTLY OR INDIRECTLY, YOU AGREE TO ACCEPT AND ADHERE TO THESE TERMS OF USE. SEISMICZONE ® IS A REGISTERED TRADEMARK OF KATALYST

By using our Site, you are acknowledging you have read, understand and accept as binding, all of the rights and obligations, terms and conditions set forth below.

When you see the word “use” or “using” in connection with our Site in these Terms of Use, it means and refers to any time you, directly or indirectly, with or without a device, attempt to or actually do access, interact, utilize, display, view, browse, visit, print or copy, transmit, receive or exchange data, upload, download, post or otherwise submit any message, posting, material or content or you otherwise communicate, including with another user or anyone else. We will also consider you to be using our Site if you utilize, benefit from, take advantage of or interact with any feature, function, platform, service, activity, promotion or content in, on or available through our Site, for any purpose. Also, when we use the term “including” it means “including, without limitation” or “including, but not limited to” and construed as inclusive and illustrative and not exclusive or limiting.

“Katalyst”, “we”, “us” and “our” mean Katalyst Data Management LP, and we may refer to you or any individual that uses our Site through your account as “you” or “your” or a “user.” If we use the term “Katalyst Entities,” then in addition to us, that term means and includes our affiliates, suppliers, promotional partners, operational service providers, agents and representatives.

Unless otherwise noted, when we use the term “Site”, we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the “look and feel”, as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term “Content” when we refer to them separately.

These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Site (“Additional Terms”) all of which are incorporated by reference and form a part of our Terms of Use for all purposes. To make reading and understanding your agreement with us easier, we will use the expression “Terms of Use” to mean and refer to this document, as well as our Privacy Policy and any Additional Terms that apply to you.

WE CAN CHANGE OUR TERMS OF USE AND SITE WHENEVER WE CHOOSE TO DO SO.

We reserve the right, at any time and from time to time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site. We will post a notice of material changes to our Terms of Use on our Site and if you use our Site after the date we say the changes are effective, it means you are agreeing to be bound by the Terms of Use with all the changes we posted. We encourage you to check back here frequently so you remain aware of the current Terms of Use that apply to you.

YOUR PRIVACY

Your privacy is important to us and our Privacy Policy is incorporated into and a part of these Terms of Use. Read it carefully, since it describes how we collect and use information we obtain from you.

YOUR ACCOUNT

Some Site services, applications and tools (i.e., SeismicZone) permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

These Terms of Use notwithstanding, we reserve the right to impose other contractual terms, conditions, duties, obligations and restrictions over certain Content (e.g., separate license agreements) that you may wish to access, purchase or license.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Site if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms and conditions or any supplemental terms and conditions.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Site or the services therein.

The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative, electronic (i.e., IT) and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification

YOU INDEMNIFY US

By using our Site, you agree to defend any or all of the Katalyst Entities together with each of their respective unit holders, general and limited partners, shareholders, directors, officers, employees, agents, representatives, successors and assigns from against any and all demands, claims or actions arising out of or as a result of your breach or violation of our Terms of Use, including any violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of others (“Claim”) and you shall indemnify and hold the Katalyst Entities harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase “you will defend and indemnify us” anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.

NO ADVICE

The information contained on the Site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial or other advice to you, and you should not rely upon the information to provide any such advice.

OWNERSHIP OF CONTENT

You acknowledge and agree that, except as otherwise noted in our Terms of Use, all Content is and shall remain the exclusive property of the Katalyst Entities, and if you use any Content in violation of our Terms of Use, of any other party’s rights, or of any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state, national, provincial or other laws, regulations and treaties that may apply.

Content that is yours, remains yours and neither our Terms of Use, nor your use of our Site is intended to deprive you or anyone of any existing rights to your Content. By submitting Content to us (by Posting or otherwise), you are (i) giving us a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and right to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and broadcast that Content without accounting to you or notifying you in any way, and (ii) representing to us you have the right to submit such Content and grant the rights and license described above. If anyone else has or may have rights to the Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable and you will defend and indemnify us.

Except for your Content as described above, you are granted a limited license and right to use Content solely for your personal, non-commercial use, including research. You may not alter, delete or conceal any notices or legends on our Site or Content and you may not circumvent any protective, security or rights management mechanisms used in connection with our Site, including Content. When you display or make Content available you will include the following notice: “Used with permission. Further use, display or copying is prohibited.”

TRADEMARKS

Without limiting the generality of the terms under “Ownership of Content” above, KATALYST AND ZEISMICZONE are official marks or trademarks of Katalyst. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may constitute registered or unregistered trademarks of Katalyst or third parties. While certain trademarks of third parties may be used by Katalyst under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between Katalyst and the owner of said trademark or to imply that Katalyst endorses the wares, services or business of the owner of said trademark. Nothing contained on the Site should be construed as granting you any license or right to use any trademark logo or design of Katalyst or any third party, without our express prior written permission or that of the respective owner of any third-party trademark.

LINKING

This Site may contain links to other web sites that are not under the control of Katalyst. Katalyst is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. Katalyst provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Katalyst of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.

CONFIDENTIALITY AND COMPETITIVE GUIDELINES

When posting to or otherwise using our Site you should assume that neither your identity or any postings you make or make available are confidential or anonymous. We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any posting. We also have no obligation to monitor or continue to monitor your use of the Site or your Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Site, at any time for any reason or no reason at all. Postings are not endorsed by us, nor do we screen them.

Users of our Site may not collaborate on matters concerning the operation and conduct of their business, including discussions relating to prices, customers, credit terms, product development and distribution efforts. You must not, in fact or appearance, engage in posting or otherwise use our Site, facilities or resources to discuss or exchange information about:
Past, present or future pricing, pricing procedures, methods, policies or strategies;
Past, present or future credit or warranty terms, discounts, rebates or other matters relating to terms or conditions of sales, licenses or services;
Past, present or future margins or profit levels;
Past, present or future areas of distribution;
Past, present or future marketing strategies;
Suppliers, competitors or customers with whom you are, will or will not be doing business;
Products or services you will or will not or may or may not make available or offer.

SOME GENERAL RULES OF CONDUCT

You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:
violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
impersonate any other person, firm or enterprise or any of our or their employees and agents;
use our Site for posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Site;
gain unauthorized use of our Site, other users’ accounts, names, log-in or password information, personally identifiable information or use our Site in any manner which violates or is inconsistent with the provisions or spirit of our Terms of Use;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Site or the rights or use and enjoyment of our Site by any other person, firm or enterprise;
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes.

COPYRIGHT INFRINGEMENT

On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Site by anyone who repeatedly infringes the rights of others.

PROMOTIONS AND SWEEPSTAKES

Competitions that you enter on the Site may have supplemental rules and conditions, but the following general rules apply, absent contrary terms in any supplemental rules or conditions for the competition.

Your competition entry is subject to all provisions of these terms that govern your submission, and we may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.

We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair, appropriate and consistent with local laws governing the competition.

To enter a competition, you must be a registered user of the Site and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s permission before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.

No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.

Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.

LIMITATION OF LIABILITY

OUR SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION, BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE, OUR TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

WE HAVE THE RIGHT TO TERMINATE

In addition to any other rights we may have under these Terms of Use and/or at law or in equity, we have the right to discontinue, suspend or terminate our Site or your use of our Site at any time, including any time we determine, in our sole judgment, you, your use of our Site, your Content and/or any posting you make does or may violate our Terms of Use.

GOVERNING LAW

Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the Province of Alberta, Canada applicable to parties’ resident in and contracts made, executed and wholly performed within the Province of Alberta. You hereby agree to submit to the jurisdiction of the Provincial and Federal courts situated in the City of Calgary, in the Province of Alberta and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act and/or the equivalent Canadian legislation does not apply to our Terms of Use.

YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR SITE.

MISCELLANEOUS

The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a “writing” for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us or any of the Katalyst Entities, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’ rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

SEI SEISMIC DATA

DISCLAIMER

“Locations and other metadata displayed herein related to seismic data that is owned or controlled by SEI is for general information purposes only as it has been compiled from various sources and may be inaccurate or incomplete. SEI makes no representation or warranty, express or implied, with respect to the quality, accuracy, completeness, or usefulness of such location and other metadata information, and any such implied warranties or representation are hereby expressly negated. Any reliance on or use of these locations or other metadata information contained herein shall be at user’s sole risk and expense.”

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