Last Modified: August 2015
THESE TERMS AND CONDITIONS (THE “TERMS“) ARE A LEGAL CONTRACT BETWEEN YOU AND SHALECAST. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES LOCATED AT THE URL: WWW.SHALECAST.COM
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
Our Services include production reporting and forecasting of future oil and gas production based on regulatory data as reported to the state and made available to the public. These Services will be performed on the ShaleCast website. Additional services may, or may not include, additional in-depth forecasting and other paid products and services.
ShaleCast has taken reasonable steps to ensure the confidentiality of information taken at the Website and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.
You agree and understand that you are responsible for maintaining the confidentiality of your password(s), which together with your Login ID, or your e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be set in plain text, or HTML, in the text of the e-mail, or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify ShaleCast immediately.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, when appropriate. Notices will be set in plain text, or HTML.
Automatic alerts may be sent to you following certain changes to your ShaleCast account; such as when you initially sign up, make a change in your Registration Information, or when ShaleCast produces an update to your ShaleCast, or well’s data.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. ShaleCast may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion.
Users are granted a limited, revocable, non-sublicensable, non-exclusive license to access the Services for your personal, non-commercial, and informational use only. The Content herein is solely for the purposes of forecasting royalty interests (collectively, the "Purposes") for individual wells. Any use of the Web Site or its Content that is not for one of these Purposes is expressly prohibited unless otherwise authorized by ShaleCast.com in writing.
This license does not allow you to copy or sell our Services or Materials; scrape or mine our Site, Services, or Materials; or frame any part of our Site or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site or Services, and to block or prevent future access to and use of the Site or Services.
ShaleCast owns both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using ShaleCast and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the ShaleCast Services constitute trade secrets.
The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using ShaleCast by a user or otherwise provided for accessing ShaleCast on the user's behalf shall at all material times remain the property of the user. The user hereby grants to ShaleCast a worldwide, perpetual, royalty free, non exclusive right and licence to use all content provided by the user in connection with ShaleCast and the Services for uses related to the delivery of the Services.
Materials on and relating to the Services, including the content and any software downloaded are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, ShaleCast reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of ShaleCast or any content therefrom without ShaleCast’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to ShaleCast.
Use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor ShaleCast or any portion of ShaleCast, without ShaleCast’s express written consent, which may be withheld in ShaleCast’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search ShaleCast, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of ShaleCast or the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of ShaleCast or the Service.
All materials in ShaleCast’s Site and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of ShaleCast, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "ShaleCast" or any other name, trademark, or product name of “ShaleCast” without our permission.
ShaleCast assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by ShaleCast. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.
Neither ShaleCast nor any other party involved in the creation, production or delivery of the information at the website, nor the officers, directors, employees or representatives of ShaleCast, are liable in any way for any indirect, special, punitive, consequential, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the website or the use of the website or a linked website or with the delay or inability to use the website or a linked website, whether or not ShaleCast is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment, any incompatibility between the website’s files and your browser or other website accessing program, or any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure.
All products, services and content on ShaleCast is presented “as is” without warranty of any kind, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. You acknowledge that the Services provided on the Site is compiled from public, and other third-party sources. The Services may not be complete, accurate or current and may include other errors. Moreover, the Services have not been verified or authenticated in whole, or in part, by ShaleCast. ShaleCast is for entertainment purposes only.
ShaleCast cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data; or result in loss of data or other service interruptions. ShaleCast shall not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
ShaleCast reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein. ShaleCast will not be liable to you or any third party if we exercise this right.
All Website activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of Delaware, without regard to conflict of law principles. You agree that the federal court of the District of Delaware, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and ShaleCast, pertaining directly or indirectly to these Terms and Conditions, or to any matter arising from these Terms and Conditions, or any other document executed and delivered in connection with these Terms and Conditions, the use of the Website or the online services offered by ShaleCast. If the federal court lacks subject matter jurisdiction, any state court located in New Castle County, Delaware, will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and ShaleCast each agree to waive the constitutional right to a trial before a jury. All disputes and controversies and claims arising out of the use of the Website will be resolved either through arbitration or in the courts.
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby