StratoChem Website & TNOR Geochemical Data Reserve

A Database Provided by StratoChem Services

Terms of Use of Intellectual Property & End User License Agreement

SUMMARY

The Texas National Oil Repository Member (heretofore called “user”) has agreed to the terms of these agreements by submitting and financially upholding their membership with StratoChem Services (heretofore called “provider”) and their database. By using the database, the user agrees to all of the clauses, articles, and privacies within this document. The user implicitly agrees that they understand and accept the legal ramifications of misuse as outlined in the Terms of Use of Intellectual Property (TUIP) and the End User License Agreement (EULA). Any user found to be accessing the database without an updated (paid in full) membership to TNOR, or otherwise under false pretenses will be considered in automatic breach of contract and can and will be held accountable to the legal recourses outlined within this document, regardless of physical location or local law and will be subject to the laws from which this agreement orginated which includes Egypt and the United States. Any illicit uses of the data provided by members will be cause for immediate expulsion from the database and addition of the member in question to a “Black List” which will negate the user from access of the database in future, as well as expel the user from any future work with TNOR or StratoChem Services.


1.0 Introduction

1.1 The terms and conditions of use (‘Terms of Use’) refer to the official website of StratoChem Services (‘SCS’, ‘Provider’, ‘our’, ‘we’, or ‘us’), which can be accessed via the web address http://stratochem.com/ and its variations (‘Website’, ‘Database’). By using or contributing to the Database you (‘User’ or ‘you’) agree to these Terms of use. In particular, we draw your attention to: . You may print and keep a copy of these Terms of use.

1.2 Together these Terms of use, About this page and About this site sections, and any web page-specific terms and conditions that may be shown on the Website from time to time, form the entire agreement between you and us (‘Agreement’). If you do not agree to be legally bound by this Agreement please leave the Website immediately. Your continued access and use of the Website will amount to acceptance of these Terms of use.

1.3 SCS reserves a right to change the Agreement at any time and will provide notification of amendments and changes 12 hours before effective changes. You should review these Terms of use on a regular basis to ensure that you are aware of any changes made as you will be legally bound by any amended terms if you continue to use the Website after we have applied alterations.

 

2.0 DISCLAIMER AND LIMITATION OF LIABILITY

2.1 SCS does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website please let us know by sending an email to our Web Services & Software Programming Team at Support@stratochemlabs.com. We will correct discrepancies, where we agree, as soon as practicable.

2.2 SCS gives no warranty or assurance about the content of the Database. As the Database is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While SCS makes every effort to ensure that the content of the Database is accurate, SCS cannot accept liability for the accuracy of all content at any given point in time.

2.3 SCS makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/ or other code that have contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

2.4 Neither SCS nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Database or information, content or materials included on the Website or in the Database.

2.5 In no event shall SCS or any of its agents, employees or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any;

2.5.1 loss of actual or anticipated profits (including loss of profits on contracts);
2.5.2 loss of revenue;
2.5.3 loss of business;
2.5.4 loss of opportunity;
2.5.5 loss of anticipated savings;
2.5.6 loss of good will;
2.5.7 loss of reputation;
2.5.8 loss or damage to or corruption of data;
2.5.9 loss of use or month or otherwise,and whether or not advised of the possibility of such claim, loss, demand or damages and arising in fault (including negligence), contract or otherwise, to the fullest extent permitted by law. bsite or in the Database.

2.6 The Database may provide hypertext links to other sites operated by other entities. Using such a link means you are leaving the Website and affiliated Database. SCS takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. SCS is not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such websites, including those of our group entities, which will in some cases have their own privacy policies tailored for the particular business practices and educational sectors in which they operate. Any concerns regarding any external link should be directed to its website administrator or web master at support@stratochemlabs.com.

2.7 We are a provider of raw data and geochemical analysis, the two of which are not mutually exclusive. The delivery of raw data in electronic format will not include any analysis, interpretive or otherwise, unless strictly outlined at the time of membership application and acceptance. Mutually exclusive delivery of data and interpretation must be legally referred to as an addendum to this agreement.

2.7.1 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us.

2.8 The data in the Website and associated Database is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.

2.9 If you make an arrangement with anyone named in or connected with the Website this is at your sole risk.

2.10Nothing in the Agreement excludes or limits SCS’s liability for:

2.10.1 death or personal injury caused by SCS’s negligence; or,
2.10.2 fraud or fraudulent misrepresentation; or,
2.10.3 an act of deceit; or,
2.10.4 any other liability which may not be limited or excluded by law.


3.0 COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

3.1 The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in future include video, graphics, music and sound (‘Content’). The Content is protected by copyright law, registered and unregistered trade-marks, database rights and other intellectual property rights.

3.2 SCS, its licensors, or authorized contributors own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part except as provided in these Terms of use.

3.3 You may download information from the Database for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material and/or geochemical data.


4.0 CONTRIBUTING TO THE DATABASE

4.1 Where you elect, or are invited, to submit any contribution or material to the Website (including any text, message board content, photographs, graphics, video, audio, logo or raw/integrated geochemical data) (‘Contribution’) or otherwise consent to the use of the Contribution, then by submitting the Contribution or consenting to its use, you grant SCS a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/ or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution. If you do not want to grant to SCS the rights set out above, please do not submit your Contribution to the Website or Database, and refer to our info@stratochemlabs.com personnel to guide you. SCS shall have no liability to you for any misuse by any third party of any Contribution that is distributed by us through the Website or Database or in respect of any infringement of the intellectual property rights in any Contribution by any third party.

4.2 By submitting your Contribution to the Website and/or Database, you:

4.2.1 warrant and represent that your Contribution:

i) is your own original work and that you have the right to make it available to SCS for all the purposes specified above and that it does not breach or infringe anyone else’s rights such as copyright or in any way illegal;
ii) is not defamatory, libelous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
iii) will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law ;
iv) is not related to the conduct of a business;
v) does not advertise or market anything in any way; and,
vi) is not otherwise offensive;

4.2.2 agree to indemnify and keep SCS indemnified on demand against all legal fees, damages and other expenses that may be incurred by SCS as a results of your breach of the above warranty; and,

4.2.3 agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and/or within the Database and the purposes specified above to the fullest extent permitted by law.

4.3 We reserve the right to identify you in response to a court order or threat of legal action.

4.4 If you see any information on the Website or in the Database that breaches your or anyone else’s right or may be illegal defamatory, or otherwise should be removed, let us know immediately by e-mailing Web Services at Support@stratochemlabs.com.

4.5 We reserve the right to remove any Contribution from the Website (including any text, message board content, photographs, graphics, video, audio, logo or data) at any time and without notice and shall not be obliged to give a reason for doing so. In the event that we remove any Contribution from the Website we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal.

4.6 We reserve the right to edit, remove data, delete or use electronic methods to block or filter any Contribution left on or sent to the Website at our discretion, including without limitation any message that contravenes any of these Terms of use, but we do not have an obligation to do so.

4.7 You must indemnify (pay) us, and keep us indemnified, on demand for any losses we suffer if you breach this provision or any other provision of these Terms of use or the EULA.

4.8 You must not misuse the Website or Database by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website and/or Database, the server on which the Website and/or Database is stored or any server, computer or other database(s) connected to the Website. You must not attack the Website or affiliated sites or database(s) via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We reserve the right to report any such breach to the relevant law enforcement authorities and in such an event we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and affiliated database(s) will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

4.9 Where we create a link from our Website to any website operated by you, we shall have the right to remove such link at any time without obtaining your prior consent. In the event that we do remove a link from our Website to any website operated by you, we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal, including, without limitation to the foregoing generality, where such loss, liability, cost or expense results from a loss of search engine positioning, ranking, placement or optimization.


5.0 PRIVACY AND DATA PROTECTION

5.1 Your right to privacy is important to us. The following terms are provided to explain how we collect and use information about you so that you can make an informed choice about using the Website and Database.

5.2 Data Protection

5.2.1 SCS is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies with all protection the Data Protection Act 1998 (‘the Act’) affords to you. SCS will hold your personal data securely in accordance with the Act, under which it is fully registered.

5.2.2 The main purpose of the Act is to contain the possible threat to individuals from the misuse of personal data relating to them held in manual records or on computing equipment. SCS complies with all requirements of the law on protection of personal data held on computer or in manual records. The same requirements apply to any records held by individuals about other identifiable living individuals.

5.3 Collection and Use of Personal Data

5.3.1 Personal data is not stored nor captured through the Website without the prior knowledge and consent of Users. Where personal information is captured (eg through web-based forms for feedback, registration, requests, etc.), the User will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used.
5.3.2 Any personal data that you give us will be treated with the utmost care and security. We will hold your personal information on our systems for as long as it is still used for the purpose stated when originally requested.
5.3.3 Should you request that we amend or suppress records containing your personal data, we will endeavor to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.
5.3.4 As a provision of the Act, you have the right to see your personal information as it is stored in SCS and its database. However, proof of identification, verbal, visual, and electronic may be demanded before such information is released, and information will not be released to the claimant or you unless we are satisfied that your identity has been verified in every legal aspect.

5.4 Cookies

5.4.1 This Website uses cookies – a small piece of information stored on your computer in the form of a file – where strictly necessary for the purposes of making the Website work, for monitoring performance or facilitating functionality.
5.4.2 You may refuse the use of cookies by adjusting the settings of your web browser, however please note that if you do this you may not be able to use the full functionality of this Website.
5.4.3 By using this Website, you consent to the use of cookies and use of the data they provide.

5.5 Log Files

5.5.1 Continuous logs are kept of requests received by the Website’s web servers as it is accessed. These logs are used to analyze usage of the Website.
5.5.2 Each log entry includes the internet protocol (IP) address of the client used (typically, though not necessarily, the IP address of the personal computer (PC) used), the type of client used (typically, though not necessarily, the type and version of web browser used), the URL of the page (or object) requested, the URL of the previous page (or object) requested (known as the ‘referrer’ and could relate to this Website or another), and the reference number stored in a cookie created by the Website (if one exists). SCS logs additionally contain the username used to access restricted areas of the Website.
5.5.3 SCS is only able to link log entries to individuals where it holds personal data that can be associated with log entries using IP address, username, or reference number from cookies. This is only possible in relation to Users connected directly to the SCS network (ie using an SCS IP address) and Users using an SCS account (i.e. – using an SCS username). We will only use this information to identify you where we are required to by law or where we suspect that there has been a breach of the law or of these Terms of use.


6.0 USER NAMES & PASSWORDS

6.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and passwords that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties.

6.2 You must notify us immediately of any unauthorized use of them or any other breach of security regarding our Website that comes to your attention.


7.0 ACCESSIBILITY

7.1 SCS seeks to ensure that people are treated equally regardless of age, disability, race, nationality, ethnic or national origin, gender, religion, sexual orientation or personal circumstances. SCS does its best to ensure that the Website and/or Database is accessible to all its users and potential users, including but not limited to users with disabilities (eg visual impairments, cognitive impairments, motor impairments etc); users for whom English is a second language; users of various software; or any other users who may need to use the Website and/or Database.

7.2 If you need any advice on making your web content and services accessible, please contact the Web Services Team at Support@stratochemlabs.com.

7.3 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.

7.4 From time to time, we may restrict access to some parts of the Website and/or Database, or the entire Website and Database, to users who are (as the case may be) members, SCS employees or who have registered with us via alternative avenues.


8.0 GENERAL

8.1 The Agreement forms the whole agreement between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/repeals you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.

8.2 If any provision or term of these Terms of use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

8.3 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

8.4 Any formal legal notices should be sent to us at the address at the end of these Terms of use by email confirmed by parcel post.

8.5 Failure by us to enforce a right does not result in waiver of such right.

8.6 You may not assign or transfer your rights under this Agreement.

8.7 We reserve the right to bar Users from the Website and/ or specific web pages, on a permanent or temporary basis at our discretion. Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.


9.0 TRADE MARKS

9.1 “SCS”, “SCSNA”, “StratoChem Services”, and “StratoChem Services North America” are registered trademarks owned by StratoChem Services and not to be copied, altered, advertised or marketed without the explicit written consent of StratoChem Services by the co-owners Mohamed Said and Tarek El-Azhary.


10.0 GOVERNING LAW

10.1 The Agreement is governed by American and Egyptian law notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of the United State and/or Egypt shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of use and for those purposes irrevocably submit all disputes to the jurisdiction of the United State or Egyptian courts as identified by StratoChem Services. The place of performance shall be Cairo, Egypt or Houston, Texas, dependent upon the whims and needs of StratoChem Services.

10.2 We provide no warranty or guarantee that the Website or information available on it complies with laws other than those of the United State and Egypt.


11.0 FURTHER INFORMATION

11.1 Further information on these Terms of use or your privay can be obtained from Support@stratochemlabs.com or info@stratochemlabs.com.

11.2 Or via telephone:
+202 2516 1075 (EGYPT)
+1 720 648 7850 (USA)

11.3 Or via parcel post:
23/D/5 Shoukry Abd El Halim St.
Laselky, New Maadi
Cairo, Egypt