THESE CONDITIONS ARE IN ADDITION TO THOSE DETAILED ON THE BGS WEBSITE. WHERE THERE IS A CONFLICT, THE BGS WEBSITE TERMS AND CONDITIONS WILL TAKE PRIORITY.
BY DOWNLOADING, USING AND/OR PURCHASING THE iGEOLOGY APP, REFERRED TO IN THIS DOCUMENT AS THE “LICENSED APPLICATION”, AND/OR ANY IN-APP PURCHASES WITHIN IT, YOU AGREE TO ALL THE TERMS OF THE AGREEMENT BELOW.
The British Geological Survey (“BGS”) is a wholly owned Research Centre of the Natural Environment Research Council (“NERC”) of the United Kingdom (“UK”). BGS has been legally authorised by NERC to grant licences for the re-use of geological information originated by BGS and where the copyright rests with NERC.
In this document YOU are referred to as the end-user and by downloading this app you agree to the terms and conditions set out by this licence. This is a legal agreement between you and BGS regarding your use of the iGeology licensed application (also referred to as the “iGeology app” or “iGeology”) and all data or content that is assessed or utilised by iGeology, including in-app purchases. By installing or using the licensed application, you agree to be bound by the terms of the End-User Licence Agreement (this “EULA”). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must uninstall the licensed application from any devices on which it is found.
Subject to the terms and conditions of this EULA, BGS grants you a non-exclusive, non-transferable licence to install and use the iGeology app on an iOS product (the device) that you own or control.
- The ownership of all intellectual property and associated rights in iGeology and all associated mapping is at all times retained by the Natural Environment Research Council (NERC) except where:
- the iGeology app contains UK’s Ordnance Survey data which is copyright © Crown and other party copyright and database rights
- the Radon Risk in-app purchase contains UK’s Public Health England data which is copyright © Public Health England 2017.
- Following download, you as licence holder of iGeology can use it as a view service for any purpose (commercial and non-commercial).
- With the exception of clause 4 below, no part of any extracts from the data held within iGeology, nor any part of any mapping displayed within iGeology, may be traded, sold or in any other way supplied/made available to any other person or non-licence holder.
- If specific geological information is required in relation to a specific site/location, a BGS geological hazard report can be ordered via an in-app purchase; a valid Apple user name and password will need to be provided to order a report which will be personal to you and/or your company. These reports will be permanently stored on the device until such time as you decide to remove them. There will also be an option for you to request that the report be sent to an email address provided by you. Each report ordered will be subject to payment of an in-app purchase fee provided at the time of order.
- Copyright in any geological hazard report obtained through an in-app purchase from iGeology is owned by the Natural Environment Research Council (NERC). You may neither copy nor adapt any such report, nor provide it to another person, without first obtaining permission from BGS. If you are a qualified consultant providing advice to your own client you may incorporate it unaltered into your report to the client, provided you give a full acknowledgement of the source in any report as British Geological Survey © NERC 2017. For further information, please contact the BGS Copyright Manager, British Geological Survey, Environmental Science Centre, Keyworth, Nottingham NG12 5GG. Email: email@example.com. Please also refer to the full terms and conditions supplied with any Report obtained through an in-app purchase. Where the terms and conditions contained in such a report conflict with those provided here, the in-app conditions will take priority.
- Where NERC or its employees warrant that information supplied within an in-app purchase will conform with any specification agreed with the customer and will be suitable for any purpose communicated to NERC by the customer, the liability of NERC under this warranty and otherwise in connection with the provision of the information is limited to the cost payable by the customer or £50 000, whichever is the greater.
- Neither NERC nor its employees gives any warranty as to the quality or accuracy of the iGeology view service or its suitability for any use, which includes any mapping or geological material contained within the application, as well as any associated software or Geological Hazard Report downloaded onto your mobile or other electronic device. All implied conditions relating to the quality or suitability of the iGeology app, its associated software, mapping and reports, and, subject to Clause 6 above where it applies, all liabilities arising from the supply of the iGeology app and its in-app purchases (including any liability arising in negligence) and for any reliance on results arising out of use of the iGeology view service are excluded to the fullest extent permitted by law.
Your account and password
The information you provide when registering for a BGSiD account will be used to verify your identify when using iGeology’s crowdsourcing functionality and managed in line with the General Data Protection Regulation. Further information can be found in our Privacy Notice.
To create or use a BGSiD account you must be over 16 years old.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
Crowd sourcing and citizen science
If you engage with our crowd sourcing or citizen science projects by uploading and depositing photos or other materials to crowd sourcing or citizen science projects, you:
- do so on the understanding they may be used by us and third parties
- shall be responsible for ensuring that all photos and other materials being uploaded or deposited are owned by you (or you have all necessary permissions to upload or deposit them)
- understand that liability regarding use of anything you upload or deposit may lie with you as uploader or depositor
If you have doubts about ownership, check first before making a deposit on our citizen science or crowd sourcing sites.
Our citizen science initiatives operate under a range of user licences:
These content standards apply to any and all material that you contribute to iGeology (“contributions”) and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- comply with applicable law in the UK and in any country from which they are posted
Contributions must not:
- contain any material which is defamatory of any person
- contain any material which is obscene, offensive, hateful or inflammatory
- promote sexually explicit material
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- infringe any copyright, database right or trade mark of any other person
- be likely to deceive any person
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- promote any illegal activity
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- be likely to harass, upset, embarrass, alarm or annoy any other person
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- give the impression that they emanate from us, if this is not the case
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
Uploading content to iGeology
Whenever you make use of a feature that allows you to upload content to iGeology, or to make contact with other users of iGeology, you must comply with these terms.
You warrant that any such contribution does comply with these terms, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to iGeology will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described under rights you licence.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to iGeology constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of iGeology.
We have the right to remove any posting you make on iGeology if, in our opinion, your post does not comply with these terms.
The views expressed by other users on iGeology do not represent our views or values.
You are solely responsible for securing and backing up your content.
Whilst BGS has taken care to develop this in-app product, iGeology is provided ‘as is’ without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of fitness for a purpose, or the warranty of non-infringement. The use of iGeology is conducted at your own discretion and risk and with agreement that you will be solely responsible for any damage to your device or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from BGS or from the BGS website shall create any warranty for the software.
The BGS software disclaimer applies.
Copyright of the iGeology app and the geological material, including images, made available in the iGeology app is owned by the Natural Environment Research Council (NERC). All rights reserved.
Contains UK Ordnance Survey data © Crown copyright and database rights  Ordnance Survey . Contains UK Royal Mail data © Royal Mail copyright and database rights 2017.
The radon risk in-app purchase contains UK Public Health England data © Public Health England 2017.
Acknowledgements and licensing terms for software libraries used in iGeology can be found under iOS Settings > iGeology > Acknowledgments.
End-user terms required by Apple
You acknowledge and agree that (i) this EULA is concluded between you and BGS, and not Apple; (ii) BGS, not Apple, are solely responsible for the Licensed Application and content thereof; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Licensed Application; (iv) in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Licensed Application; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application; (vi) Apple is not responsible for any claims that you have arising out of your use of the Licensed Application; (vii) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Licensed Application infringes that third party’s intellectual property rights; (viii) you must comply with any third party terms of agreement when using the Application; and (ix) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enforce this EULA against you. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo; or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. YOUR USE OF THIS LICENSED APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE AND SHOULD NOT BE RELIED UPON.
Should any terminology or wording within this EULA not be sufficiently defined for you to have a clear understanding of what it means (intellectual property, copyright, etc.) please contact us directly for a clear definition at the location below.
If you have any further questions about licensing iGeology please email Enquiries.