Open Data Catalogue Terms of Use [City of Calgary]

Acceptance of Terms

Please review these Terms of Use carefully. If you access, use or download any of the datasets (“Data”) provided by The City of Calgary (“The City”) on this website (“Site”) you accept and agree to comply and be legally bound by the following Open Data Terms of Use. If you do not agree to be legally bound by these Terms of Use, you must immediately discontinue any use of this Site or the Data contained herein. The Open Data Catalogue Terms of Use may change from time to time. It is your responsibility to visit this web page periodically to review these Terms of Use that govern your transactions and are binding on you.

License

The City grants you a non-exclusive, world-wide license to use, modify, and distribute the Data contained on this Site for any lawful Use. “Derivative Work” means a work that is based in any way or to any extent on the Data including without limitation any work that uses any of the Data in a modified form. You may use the Data to create Derivative Works using the Data and distribute said Derivative Works for any lawful purposes. You will be fully responsible for any consequences resulting from any use of the Data. Any unauthorized use of the Data, this site or content, will terminate the license and all the rights or permission granted by The City.

Giving City Credit

Although you are not required to credit The City for each use or reproduction of the Data, you are entitled to do so and encouraged to conspicuously announce that the Data is publicly available from The City under these Data Terms of Use. Upon the request of The City, you may be required to remove a credit from future uses or reproductions should The City decide that such credit is not in the public interest. Under the Open Data Catalogue Terms of Use you are not licensed to use The City’s trademarks, official marks, logos, crests or similar intellectual property when crediting The City.

The City owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the Data including all text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of the Site (collectively the “Contents”).

The Contents on this Site and its compilation are protected by Canadian and international copyright, and trademark laws. Unauthorized use of the Contents may violate copyright, trademark, and other laws.

You may not use any trade-mark, official mark, official emblem or logo of The City, or any of its other means of promotion or publicity, without The City’s prior written consent nor in any event to represent or imply an association or affiliation with The City.

Exclusion of Warranties

A. The Data contains information and data compiled and processed by The City and third parties. The City makes no representation or warranty that the information contained in the Data is accurate, true or correct.

B. You understand and agree that your use of the Data is at your sole risk. The Data is made available on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Should there be an error, inaccuracy, or other defect in the Data, you assume the full cost of correcting any such error, inaccuracy or defect.

Limitation of Liability and Indemnity

A. In no event shall The City be liable for any direct, indirect, incidental, consequential or special damages (including without limitation, loss of use, time or data, inconvenience, lost profits or savings, or the cost of computer equipment and software), to the full extent that such may be disclaimed by law, or for any claim against you by any third party. In no event shall The City be liable for any claim, including claims by third parties, for loss or damages arising from erroneous Data or information contained in the Data.

B. To the fullest extent permitted by law, you shall indemnify and save harmless The City, from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arise directly or indirectly, in whole or in part, from your use of the Data, including without limitation your use of the Data in a Derivative Work. In addition to your obligation to indemnify The City, you specifically acknowledge and agree that you have an immediate and independent obligation to defend The City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to you by The City and continues at all times thereafter. THE CITY IS NOT RESPONSIBLE FOR ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIS SITE.

Acceptance of Other Conditions

For certain of the Data, there may be additional terms and conditions that are stated in the file containing such Data or on the page from which such Data is accessed. You understand and agree that you are bound by such additional terms and conditions.

Site Policies, Modification and Severability

We reserve the right to make changes to our Site, policies, these Terms of Use and provide any additional terms at any time. The changes or additional terms are effective immediately upon their posting on the Site. Your use of the Site will be subject to the Terms of Use posted on the Site at the time of use. In the event any of these conditions should be determined to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severable and will not affect the validity and enforceability of any remaining condition.

Termination

If you violate the Open Data Catalogue Terms of Use or other policies and guidelines posted on this Site, your permission to use the Data automatically and immediately terminates and you must immediately destroy any copies you have made of the Data and Content. The City reserves all of its rights at law and in equity. Furthermore, The City may, in its sole discretion, cancel or suspend your access to the Data without notice and for any reason, including anything which The City, in its sole discretion, believes is a breach of these Terms of Use or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorized to use or reproduce this Data, and The City may use any means possible to enforce its decision. Such cancellation or suspension will not affect any person who has received the datasets from you and who is otherwise in compliance with these Terms of Use.

Governing Law & Jurisdiction

The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Alberta and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Calgary, Alberta. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

General Provisions

A. These Terms of Use contain the entire agreement and understanding between you and The City with respect to the subject matter hereof and completely replace and supersede all prior agreements, understanding and representations. In no event will any additional terms or conditions be effective unless expressly accepted by The City in writing.

B. If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

C. You agree that, if The City does not exercise or enforce any legal right or remedy contained in these Terms of Use (or that The City has the benefit of under any applicable law), this will not be taken to be a formal waiver of The City’s rights and that those rights or remedies will still be available to The City. Any waiver of any provision of these Terms of Use will be effective only if The City expressly states in a signed writing that it is waiving a specified provision.

Request for Permission / Further Information

Any use beyond the scope permitted by the Open Data Catalogue Terms of Use requires express written permission from the Intellectual Property Access & Marketing work unit of Infrastructure & Information Services of The City. The requirements for obtaining written permission may include but is not limited to an additional formal license agreement to which a license fee may apply.