TGS' Terms and Conditions
©2010 TGS-NOPEC Geophysical Company ASA. All rights reserved.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
Through its website, TGS provides users with access to a variety of resources, including log-in portals to secure areas which may provide access to seismic, well, or other data, products, or services, download areas, map displays, seismic displays, well log information, and product information (collectively the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU. Your use of any TGS Services is additionally governed by your relevant customer agreement with TGS.
INTERNAL USE LIMITATION
Unless otherwise specified, the Services are to be used solely for users’ internal use. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
OWNERSHIP; PROPRIETARY RIGHTS IN SERVICES
The Services are owned and operated by TGS. All content on the TGS website such as text, images, logos, audio clips, button icons, graphics, design, compilations, analytics, computer code (including source code or object code), TGS data, as well as other elements of the Services are the intellectual property of TGS and or its licensors and or its content providers and are protected under applicable laws. Except as authorized in your customer agreement, you may not use any material from the Services. TGS reserves all rights to any materials not granted expressly in your customer agreement or by the Services. Secure areas of this website are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We retain all right, title and interest, including all intellectual property rights, in and to our technology. From time to time, you may choose to submit feedback to us. We may, in connection with any Services, freely use, copy, disclose, license, distribute and exploit any feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No feedback will be considered your confidential information, and nothing in this TOU limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use documents (such as white papers, press releases, maps, seismic samples, datasheets, and FAQs) from publicly available areas of the website is granted, provided that (1) the copyright notice indicated below at the end of the TOU appears in all copies, and that both the copyright notice and this permission notice appear, (2) use of such documents is for informational and internal use only and they will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the TGS website or any other TGS owned, operated, licensed, or controlled website. Elements of the TGS websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any TGS website may be copied or retransmitted unless expressly permitted by TGS.
MEMBER ACCOUNT, PASSWORD AND SECURITY
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will either receive or choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You must require that all your authorized users keep their user log-in credentials and passwords strictly confidential and do not share such information with any unauthorized person. Furthermore, you are entirely responsible for all activities that occur under your account, and with your log-in credentials and passwords. You agree to notify TGS immediately of any unauthorized use of your account or any other breach of security. TGS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TGS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, unless you have the permission of that account holder. You may add additional authorized users as permitted by the terms and conditions of your customer agreement.
TGS has the right to disable any log-in credential, password, or other identifier, if in TGS’s sole opinion, you have violated any provision of these TOU.
TGS may terminate your account and delete any content contained therein if there is no account activity (such as a log in event or payment) for over twelve (12) months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active. You are responsible for maintaining and/or updating your email address.
OUR SECURITY AND DATA PRIVACY POLICIES
- We have implemented security procedures designed to help protect data on our website and cloud from security attacks. For more information about our security procedures, please email InformationSecurity@tgs.com to request a copy.
- Comply with Legal Obligations. Nothing in these TOU prevents us from disclosing any data you provide to us to the extent required by law, subpoenas, or court orders, but we will use commercially reasonable efforts to notify you if we are permitted to do so. TGS strives to balance your privacy rights with other legal requirements.
OUR ACCEPTANCE USE POLICY ("Policy")
Thank you for putting your trust in us. In exchange, we trust you to use our website and the Services responsibly. To that end, you agree not to misuse this website or the Services. For example, you must comply with the following requirements while using this website, including all secure areas, and the Services.
- You may not purchase, use, or access any Services for the purposes of building a competitive product or service or for any similar competitive purpose.
- You may not misuse our Services and/or website by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.
- You may not breach or circumvent or attempt to circumvent any limitations TGS imposes on your account or landing zone, including any security or access control mechanism.
- You may not use the Services or the website to violate the security or integrity of any network, computer or communication system, software application, or network or computing device. For example, you may not monitor data or traffic on a system or network without permission or by falsifying your origin.
- Unless authorized by TGS in writing, you may not probe, scan, or test the vulnerability of any TGS system or network, including the TGS data cloud.
- You may not interfere with, or disrupt, any user, host, or network. For example, you may not send a virus or spam, nor may you overload, flood, or mail-bomb any part of the Services.
- You may not circumvent storage space limits.
- You may not sell the Services, unless specifically authorized to do so.
- You may not violate the law in any way, including storing, publishing, or sharing material that is fraudulent, defamatory, or misleading;
- You may not violate copyright laws in any way, including by uploading material that you should reasonably expect to be the copyright of a third party; or
- You may not violate the privacy or infringe the rights of others, or do anything that may be harmful to others or our operations or reputation; or
- You may not violate the export and re-export control laws, trade sanctions, and regulations of the U.S. or any other applicable jurisdiction, including exporting or re-exporting TGS data, TGS analytics, or any proffered software, without obtaining any license or other approval that may be required by the U.S. Government, Bureau of Industry and Security (BIS), or Office of Foreign Asset Control (OFAC); and
- You confirm that you are not a resident or citizen of any country currently embargoed by the U.S., and that you are not otherwise prohibited from accessing the TGS data cloud or Services, nor will you grant access to anyone who is a resident or citizen of any country currently embargoed by the U.S. or otherwise prohibited from accessing TGS data cloud and Services.
We reserve the right to investigate any violation of this Policy or misuse of the Services or the TGS data cloud, but do not assume the obligation to do so. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop, or remedy the violation. Please report all violations to: InformationSecurity@tgs.com.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIAL OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TGS, NOR ANY PERSON ASSOCIATED WITH TGS, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MATERIAL OR SERVICES ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TGS, NOR ANYONE ASSOCIATED WITH TGS, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR MATERIAL OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET LICENSEE’S NEEDS OR EXPECTATIONS.
TGS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL TGS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We may from time-to-time send you an email or otherwise contact you about the TGS website, Services, or newly offered TGS products and services, including information about events and training opportunities, invitations to participate in surveys and research opportunities, promotional offers, and other information supporting your efforts to develop solutions using TGS services.
Copyright © 2010 TGS-NOPEC Geophysical Company ASA. All rights reserved.
TGS® is a registered trademark of TGS-NOPEC Geophysical Company ASA and is used worldwide.