Usage Policy

Terms of Use Policy

These Terms of Use (together with the documents referred to in it) ("Terms") govern your use of our website [www.geohive.ie] ("our Site") (which includes accessing or browsing our Site) as well as any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Site (collectively, the "Services").

Please read these Terms carefully before you start to use the Services as it sets out the permitted and prohibited uses of the Services.

Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

As referenced below, "we", "OSI", "us" or "our" means Ordnance Survey Ireland, and "you" or "your" means the user of the Services.


Other applicable terms

The following additional terms also apply to your use of the Services:

1. Our Privacy Statement which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate; and

2. Our Cookies Policy [details included in Privacy Statement] which sets out information about the cookies on our Site.


Information about us

www.geohive.ie is a website operated by Ordnance Survey Ireland, a body established under the Ordnance Survey Ireland Act 2001, with its headquarters at Phoenix Park, Dublin 8.


Changes to these Terms

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.


Changes to our Site and the Services

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that OSI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.


Accessing the Services

We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, bug-free, virus-free or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty or representation not expressly made herein.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site and use the Services. You should use your own virus protection software.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.


Intellectual property rights

All rights, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of OSI and/or its licensors. Nothing in these Terms gives you a right to use the OSI name or any of OSI trademarks, logos, domain names, and other distinctive brand features.

The content, text, images or other material made available on our Site (excluding content provided by users) (i) is protected by third party intellectual property rights such as copyright or trade marks which OSI is permitted to make available to you ("Third Party IP"); (ii) belongs to the Government of Ireland and is protected by Government copyright ("OSI IP"); and/or (iii) is in the public domain ("Public Domain Content") (collectively, the "Site Content").

We do not warrant that using the Services (including the Third Party IP or Public Domain Content) will not infringe upon the rights of third parties. It is your responsibility to determine and satisfy copyright and other use conditions before copying, transmitting, or making other use of the Site Content. You agree to abide by all copyright notices, licence conditions, restrictions attached to the Site Content and agree not to remove or alter any notices, conditions, forms of identification, or dedications, if required not to.


Permitted Use of the Services

On our Site, you will be able to view, explore, interrogate and share a wide range of spatial data relating to Ireland.

You may use or combine Site Content to create an online map ("GeoHive WebMap"). Each GeoHive WebMap can be saved in public folders on our Site which means other users of our Site can access, view and use the GeoHive WebMap as well as any information associate it with you (i.e. the name of your GeoHive WebMap). The GeoHive WebMap (together with any additional layers you select) will be accessible by you for thirty (30) days from the date of creation, after which we may delete it without prior notice to you.

If you wish to retain access to the GeoHive WebMap for longer than thirty (30) days please contact geohive@osi.ie to seek permission for extended use, for which a fee may be payable.

You may download OSI IP and/or make one print copy for your own personal non-commercial use, provided you retain all copyright and other proprietary notices. If you would like to use or exploit the Services or any OSI IP for commercial purposes, please contact geohive@osi.ie to seek permission.

If you would like to use or exploit Third Party IP for personal or commercial purposes, it is your responsibility to determine and satisfy copyright and other use conditions before copying, transmitting or using the Third Party IP. If you have any queries, please contact the relevant third party directly.

You acquire absolutely no rights or licences in or to the Services and materials contained herein other than the limited right to utilise the Services in accordance with these Terms. Should you choose to download content from the Services, you must do so in accordance with these Terms and where applicable, the terms of the relevant third party.”


Prohibited Use of the Services

Other than where permitted, the Services may not be used for commercial purposes without obtaining, in advance, a licence from OSI and/or its licensors. In particular, you shall not:-

a) incorporate any OSI IP from our Site into any other work or publication whether in hard copy or electronic or other form without our prior permission;

b) reproduce, modify, publish or distribute or otherwise make available to the public either in hard copy or electronic form our Site or its contents, in whole or in part in any manner or in or on any media, without our prior permission;

c) re-sell or exploit our Site or its contents for any advertising or other commercial purpose;

d) misrepresent any affiliation with any person or entity;

e) disguise the origin of content on our Site;

f) upload, post, link or publish any defamatory, harmful, threatening, abusive, offensive, obscene, unlawful or otherwise objectionable material or any material which would be invasive of another person's privacy or otherwise that would infringe another person's rights;

g) upload, post, link or publish material which infringes the copyright, trade marks or any other intellectual property rights of any person;

h) upload, post, link or publish any material containing any form of advertising or promotion of goods or services, or any chain message or "spam" or any bulk communication of any kind;

i) post or transmit any messages that contain software viruses, files or code designated to interfere with, damage, limit the functionality of, or expropriate our Site or any system, program, data or personal information of any person;

j) upload, post, link, publish, collect or store any personal data of any other user of our Site;

k) download any content that you know or reasonably should know, cannot be legally obtained in such manner;

l) falsify, or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

m) restrict or inhibit any other user from using and enjoying any public area within our Site;

n) interfere with, disrupt or attempt to gain unauthorised access to our Site, servers or networks;

o) engage in any illegal activity;

p) misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

q) attack our Site via a denial-of-service attack or a distributed denial-of service attack;

r) take any action that imposes an unreasonably or disproportionately large load on our infrastructure.


Indemnity

You agree, to the fullest extent permitted by applicable law, to indemnify and hold us, our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Services (including the provision of content by you), violation of these Terms by you, or the infringement by you, or other user of the Services using your computer, of any intellectual property rights or other right of any person or entity. We reserve the right (but no obligation) to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to co-operate with our defence of these claims.


No reliance on information provided

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the Site Content is accurate, complete or up-to-date. Your access to and use of the Services or any content is at your own risk.

You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, we disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement.


Limitation of our liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or any other liability that cannot be excluded or limited by Irish law.

We will not be liable to you for any loss or damage (including any loss of data, loss of profits, sales, business or revenue; business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation) whether direct, indirect, special, incidental or consequential and whether caused by tort (including negligence), breach of contract, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any Site Content.

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

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.


Uploading content to our Site

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, 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 our Site will be considered non-confidential and non-proprietary and you waive any moral rights that may subsist in your content. You agree that we can identify you as the contributor of your content. You retain all of your ownership rights in your content, but you grant us a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable licence to (i) display your content on our Site; (ii) permit users of our Site to use your content in accordance with these Terms; (iii) store your content in electronic format on computer servers; and (iv) carry out all necessary acts in relation to your content for the purposes of (i)-(iii). This licence shall apply to the display, storing and downloading of your content in any form, medium or technology now known or later developed. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.

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 our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

All content is the sole responsibility of the person who originated such content. We do not monitor or control the content posted via the Services and we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services. We reserve the right to remove any posting or content alleged to be infringing or does not comply with these Terms, without prior notice, at our sole discretion and without liability to you.

You are solely responsible for securing and backing up your content.


Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with these Terms.


Third party links and resources

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We are not responsible for and do not make any representations regarding such content or the accuracy of content provided by third parties and/or contained on the third parties' websites. If you rely on such content and decide to access such websites, you do so at your own risk.


Breaches of these Terms

We reserve the right to suspend or terminate your access to the Services, at any time, if we suspect that you are in breach of these Terms or that you have violated any applicable law. The suspension or termination of your ability to use the Services or to participate in any of the features of our Site will be without prejudice to any rights that we may have against you in respect of your breach of these Terms or otherwise.


Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.


Severability

If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.


Contact us

To contact us, please email geohive@osi.ie