Platform Terms

Version 7, updated January 2024.

Introduction

  1. These Platform Terms are a contract between you and Cartographer Studios Ltd, a company registered in England and Wales with company number 10790632, whose registered office is c/o Ozkan Accountants Ltd, 2nd Floor, Suite 12, Vantage Point, New England Road, Brighton, England BN1 4GW (referred to as we or our).

  2. By accepting an invitation to Cartographer or by registering for a Cartographer user account, you confirm your legal agreement to be bound by these Platform Terms.

  3. We reserve the right to change and update these Platform Terms at any time. We shall give you 30 days’ notice of any changes to these Platform Terms. If you do not agree to the changes, you should terminate your account as set out in Condition 9.2.

  4. You agree that the Website Terms, in addition to these Platform Terms, shall apply to your use of all Cartographer Studios Websites and related Documentation and Support Materials. If there is any conflict in the provisions of the Website Terms and these Platform Terms, the provisions of these Platform Terms shall prevail.

Definitions and Interpretation

  1. In these Platform Terms , the following words have the following meanings:

    Cartographer Studios Websites: a set of websites run by Cartographer Studios and covered by our Website Terms, including but not limited to https://cartographer.io and https://modularriversurvey.org;

    Documentation and Support Materials: documentations found on Cartographer Studios Websites relating to various matters including but not limited to Defra’s Biodiversity Metric;

    Content: any content that you upload to a Workspace, including text, graphics, images, audio material, video material and audio-visual material;

    IP Rights: any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar or equivalent rights in any part of the world;

    Platform: our web application, mobile application, widgets for embedding content on third-party web sites, and associated software, computing systems, and networks;

    Website: the website located at cartographer.io or any other website notified to you together with any associated mobile applications;

    Website Terms: a separate Terms and Conditions document, found at [https://cartographer.io/legal/website-terms], that governs use of all Cartographer Studios Websites.

    Workspace: an area of the Platform developed by Cartographer for the exclusive use of a Workspace Operator and the individuals it has engaged to provide research data to it; and

    Workspace Operator: a client of Cartographer Studios Ltd.

  2. Words in the singular include the plural and in the plural include the singular.

  3. The headings shall not affect the interpretation of these Platform Terms.

  4. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.

  5. Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.

How to Register

  1. To accept an invitation to Cartographer or register for a user account, you must complete and submit the sign-up form and agree to these Platform Terms. When you have set up an account, we shall send an email to the address provided so that you can verify your account. You warrant that all information provided during registration is accurate and complete, and you understand that if we reasonably believe that any information is not accurate, we may notify the relevant Workspace Operator. You only need one account even if you contribute Content to a number of Workspaces.

  2. You will need to choose a screen name for your account. Your screen name must not be distasteful, or liable to mislead, for example, you must not use a screen name that suggests you are someone else. Your screen name must also comply with the Content rules set out below. We can change your screen name on notice to you at our sole discretion.

  3. You will also need to choose a password for your account. You are responsible for keeping your password confidential. We are not liable for any losses or damages you may experience from any failure to keep your password confidential. You are solely responsible for all activities that occur in your account. You must notify us immediately if you suspect there has been unauthorised access to or use of your account and provide assistance to bring an end to such unauthorised access or use.

  4. You further agree that your relationships with the Workspace Operators are separate to your relationship with Cartographer. Cartographer merely gives you and the Workspace Operator a location at the relevant Workplace in order to share Content. You agree that the Workspace Operator has its own privacy policy which may be available on the Workspace, and that Cartographer is not a party to any terms and conditions imposed by the Workspace Operator.

Use of the Platform

  1. We grant to you the non-exclusive, non-transferable right to access and use the Platform to contribute Content.

  2. You must only use the Platform in accordance with these Platform Terms and all applicable laws and regulations. Without prejudice to the generality of this provision, you shall not and shall not assist a third party to:

    1. try to undermine, damage or disrupt the security of the Platform, associated software, computing systems or networks;
    2. act in a way which could risk overloading, impairing or damaging the Platform, and supporting infrastructure;
    3. attempt to gain unauthorised access to any materials or other parts of our infrastructure or to a Workspace that you are not authorised to access;
    4. attempt to modify, disassemble, copy or adapt any computer programs (except strictly to the extent that you are permitted to do so under applicable law not capable of exclusion);
    5. reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Platform or attempt to gain access to the source code, save to the extent expressly permitted by law and not capable of exclusions;
    6. build a product competitive to the Platform; and/or
    7. upload to the Platform any content that contains any viruses or other computer programs intended to damage, detrimentally interfere with and/or surreptitiously intercept any system, network or platform.

Content

  1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, edit, amend, store, adapt, publish, translate and distribute your Content on the Platform, and on the Website generally, and in any existing or future media as we determine. We can sub-license our rights under this provision. We can also bring an action for infringement of the rights licensed under this provision.

  2. You waive all your moral rights in your Content to the maximum extent permitted by applicable law. Amongst other things, this means that we do not have to attribute the Content to you when we reproduce it.

  3. Your Content should reflect the requirements of the Workspace Operator. In addition, your Content must not:

    1. be libellous or knowingly or maliciously false;
    2. be obscene or indecent;
    3. infringe any third party right, including IP Rights;
    4. infringe any right of confidence, right of privacy or right under data protection legislation;
    5. constitute negligent advice or contain any negligent statement;
    6. constitute an incitement to commit a crime;
    7. be in contempt of any court, or in breach of any court order;
    8. be in breach of racial or religious hatred or discrimination legislation;
    9. be blasphemous;
    10. be in breach of official secrets legislation;
    11. be in breach of any contractual obligation owed to any person;
    12. depict violence
    13. be pornographic, lewd, suggestive or sexually explicit;
    14. be untrue, false, inaccurate or misleading;
    15. constitute spam;
    16. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
    17. cause annoyance, inconvenience or needless anxiety to any person; and/or
    18. the subject of any threatened or actual legal proceedings or other similar complaint.

Reporting

  1. If you believe any content on the Website infringes your copyrights or is otherwise unlawful, you may submit a notice to us at hello@cartographer.io including the following information:

    1. identification of the copyright work claimed to have been infringed;
    2. identification of the material that is claimed to be infringing;
    3. information reasonably sufficient to enable us to contact you, including your name, email and/or postal address;
    4. a statement that you have, in good faith, a belief that use of the content on the Website is not authorised by you.

Monitoring

  1. We may collect and process data about your activities on the Website. This may incude the actual Content you upload, the times and locations the data was recorded in the field, your screen name, and your screen name. This data may be processed for any purpose we require, including providing reports, charts, and leaderboards of the combined monitoring activity in your Workspaces and improving our Platform, Website and services generally.

Availability

  1. We shall use reasonable endeavours to make the Platform available at all times, but you acknowledge that there may be occasions when access to the Platform may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

  2. We reserve the right to remove any content or features from the Platform and/or Website for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

Termination of Your Account

  1. At any time in our sole discretion without notice or explanation, we may:

    1. suspend your account;
    2. cancel your account; and/or
    3. edit your account details.

  2. You may cancel your account on our website by requesting its deletion via email to hello@cartographer.io.

  3. Upon termination of your account you may no longer access the Platform, but we retain all rights to use your Content set out in these Platform Terms.

Disclaimer

  1. We warrant that we shall prepare the Platform and Workspaces with reasonable skill and care. However, you acknowledge and agree that:

    1. the information within Workspaces is prepared based on third party data, including data from the relevant Workspace Operator. We are not responsible for checking third party data; it may be inaccurate, or may subsequently change by circumstances that were not apparent at the time of preparation;
    2. Workspaces are not prepared to meet your individual requirements;
    3. we do not warrant that we shall keep your Content secure and will therefore not be liable to you for any loss of Content; and
    4. we are not responsible for and therefore will therefore not be liable to you for the acts or omissions of the Workspace Operators.

  2. Except as expressly set out in these Platform Terms, no implied conditions, warranties or other terms, including any implied terms relating to satisfactory quality or fitness for any purpose, will apply to the Platform.

  3. Nothing in these Platform Terms limits or excludes our liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation and/or any other liability that cannot lawfully be excluded under English law.

Indemnity

  1. You shall indemnify and keep indemnified us, and our officers, directors and employees from and against all damages, costs, claims, losses and expenses (including reasonable legal expenses) incurred and arising out of or in connection with any use or misuse of the Platform and/or Website in breach of any of the provisions of these Platform Terms and/or for any claim we receive following our use of Your Content.

General

  1. These Platform Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that any dispute arising from these Platform Terms will be subject to the exclusive jurisdiction of the English courts.

  2. If any of the provisions in these Platform Terms is held invalid or unenforceable then they should be construed to reflect as closely as possible the intentions of those provisions. Any remaining provisions will also still be fully enforceable.

  3. A party’s failure to exercise any of the rights in these Platform Terms shall not be deemed a waiver of that right. These Platform Terms supersedes any prior agreements between the parties and represents the entire agreement between the parties.

  4. A person who is not party to these Platform Terms has no right to benefit or enforce any of these Platform Terms.

  5. You may not assign or transfer any rights to any other person without our prior written consent which shall not be unreasonably withheld.

  6. Any notice given under these Platform Terms shall be in writing and shall be served by email. Any such notice shall be deemed to have been received on sending.