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311 Mobile Application Terms of Use

PLEASE REVIEW THESE TERMS OF USE CAREFULLY.  USE OF THIS APPLICATION CONSTITUTES YOUR AGREEMENT WITH THE FOLLOWING:
  1. Acceptance of Terms.

    The City of Calgary (“The City”) provides the 311 Calgary mobile application (“311 App”) via Smartphone or Desktop computer to you (“you” or “your”) subject to the following Terms of Use Agreement (“Agreement”), which may be updated by The City from time to time.  By accessing and using the 311 App, you accept and agree to be bound by this Agreement. If you do not agree with any part of this Agreement, immediately discontinue use of the 311 App.

  2. Ability to Accept Terms of Use.


    You are either at least 18 years of age, or possess legal or guardian consent, and are fully able and competent to accept and be bound by the terms of this Agreement.
     
    If you have agreed to allow your minor child, or a child for whom you are a legal guardian (“Minor”), to use the 311 App, you are solely responsible for (i) the online conduct of the Minor, (ii) monitoring the Minor’s access to and use of the 311 App, and (iii) the consequences of any use of the 311 App by the Minor.

  3. Description of 311 App.

    The 311 App provides you with an application to do any one or more of the following:  (i) report a service request to The City, (ii) submit photographs relating to the service request, (iii) check on the status of the service request you have submitted, (iv) share your service request with a third party, or (v) view a request that was submitted and shared by a third party user of the 311 App (collectively, the “Submissions”).
     
    If the 311 App is being used on your Smartphone, the location of your Smartphone may be logged.  Location data collected when using the 311 App is collected in accordance with The City’s privacy policy and will not be used for anything other than the reasons described above.  You can disable the location collection data feature in your Smartphone at any time if you do not wish location data to be collected.  You bear the sole risk of making Submissions through the 311 App, including submitting information that may identify you or your location.
     
    The City has attempted to be as accurate as possible; however, it does not warrant that the Contents or Submissions are accurate, complete, reliable, current or error-free.
     
    You are responsible for obtaining access to the 311 App, and that access may involve third-party fees (such as Internet service provider or airtime charges) for which you are solely responsible.

  4. Privacy Policy and Collection of Personal Information.

    The City may collect and use your personal information for the purpose of responding to your Submissions.
     The personal information collected by this 311 App is obtained under the authority of Section 33(c) of the Freedom of Information and Protection of Privacy Act (Alberta).  If you have any questions regarding the collection and use of this information please contact:
    FOIP Coordinator
    The City of Calgary
    P.O. Box 2100
    Calgary, AB T2P 2M5
    Phone: 403-476-4100
    Fax: 403-476-4101

  5. Limitation of Liability and Disclaimer of Warranties and Conditions.

    Your use of the 311 App is at your sole risk.  The Contents and Submissions, or other products and services on the 311 App are provided on an “as is” basis and on an “as available” basis.
     
    The City disclaims all warranties or conditions, express or implied, relating to the Contents, Submissions, or other products and services contemplated under this Agreement, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CITY IS NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

    (i)      YOUR USE OF, OR ACCESS TO, OR INABILITY TO USE OR ACCESS THE 311 APP;

    (ii)     ANY CONDUCT OR SUBMISSIONS OF ANY THIRD PARTY USING THE 311 APP; INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;

    (iii)    ANY SUBMISSIONS OR OTHER INFORMATION, INCLUDING PERSONAL INFORMATION, OBTAINED BY A THIRD PARTY FROM YOUR USE OF THE 311 APP;

    (iv)    YOUR FAILURE TO DISABLE THE LOCATION COLLECTION DATA FEATURE IN YOUR ELECTRONIC DEVICE OR SMARTPHONE;

    (v)     UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL PRINCIPLE.

     
    YOU EXPRESSLY AGREE THAT THE CITY IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE 311 APP AND THAT YOU BEAR THE SOLE RISK OF ACCESSING OR USING THE 311 APP AND SUBMITTING OR POSTING SUBMISSIONS TO THE 311 APP, INCLUDING FOR THE POSTING OF SUBMISSIONS THAT CONTAIN PERSONAL INFORMATION WHICH MAY INDENTIFY YOU OR YOUR LOCATION.

  6. Copyright and Intellectual Property Rights.

    The City owns the intellectual property rights, including copyright, or has acquired the necessary licences in the information on this 311 App, including all text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of the 311 App (collectively the “Contents”).
     
    The Contents 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. Copying, repackaging, redistributing or modifying the Contents, in whole or in part, in printed or electronic format, is strictly prohibited.

  7. Licence.

    The City grants you a limited, non-exclusive, non-transferable licence to access and make personal use of the 311 App for non-commercial purposes for Submissions. You are prohibited from modifying the 311 App or its Contents in any manner whatsoever.
               
    No derivative use of the 311 App or its Contents or any use of data mining, robots, spiders, search/retrieval applications or similar data-gathering and extraction tools is permitted. Any unauthorized use of the 311 App automatically terminates the license and all limited rights or permission granted by The City.
     
    You are fully responsible for any consequences resulting from use of the 311 App.
     
    Unless expressly stated otherwise, any new features that augment or enhance the 311 App are covered by this Agreement.

  8. Submissions and Conduct.

    You may make Submissions through the 311 App. If you make Submissions through the 311 App you hereby grant The City an irrevocable, non-exclusive, royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions worldwide. You irrevocably waive all moral rights to such Submissions.  You represent and warrant that you own or otherwise control all rights to any Submissions made and that your Submissions do not violate this Agreement. You understand that if your Submissions are used or published, The City does not guarantee any confidentiality with respect to the Submissions. The City does not assume responsibility for the content or quality of any Submissions made to the 311 App.
     
    You are not entitled to any compensation or reimbursement of any kind from The City for your Submissions under any circumstances.
     
    If you make Submissions deemed untrue, inaccurate, offensive, defamatory, threatening, obscene, not current, incomplete, or generally of a nature that does not pertain to the designated topic or theme, or The City has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, defamatory, threatening, obscene, not current, incomplete or generally of a nature that does not pertain to the designated topic or theme, the City has the right to suspend or terminate your account and refuse you current or future use of the 311 App (or any portion thereof).
     
    You acknowledge that The City may or may not pre-screen Submissions that are shared, but that The City has the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Submissions that are available through the 311 App. In addition, The City has the right to remove any Submissions that violate this Agreement or are otherwise deemed objectionable. You agree that you must evaluate and bear all risks associated with the use of the Contents or Submissions, including any reliance on the accuracy, completeness, or usefulness of the Contents.

  9. Links.

    Links to third-party websites are provided solely as a convenience to you. These other websites are independently developed by parties other than The City and The City assumes no responsibility for the accuracy or appropriateness of the information contained in such websites. The inclusion of any link to another website does not imply an endorsement by The City and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third-party websites, you do so entirely at your own risk.
     
    You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the 311 App, so long as the link does not portray The City, its officials, its employees, or its Content, products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

  10. Modification, Severability and Waiver.

    The City reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the 311 App (or any part of it), with or without notice. You agree that The City will not be liable to you or to any third party for any modification, suspension or discontinuation of the 311 App (or any part of it).
     
    Your use of the 311 App is subject to this Agreement as posted on the 311 App at the time of use. In the event any of the terms or conditions in this Agreement should be determined to be invalid, void or for any reason unenforceable, that condition will be deemed to be severable and not affect the validity and enforceability of any remaining condition.
     
    The City’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  11. Notice.

    The City may provide you with notices regarding the 311 App, including changes to this Agreement, by email, SMS, postings on the 311 App or any other reasonable means now known or hereafter developed.  Notices are effective immediately.
     
    Such notices may not be received if you violate this Agreement by accessing the 311 App in an unauthorized manner.  You agree that you will be deemed to have received any and all notices that would have been delivered if you accessed the 311 App in an authorized manner.

  12. Request for Permission and/or Further Information.

    Any use beyond the scope permitted by this Agreement requires express written permission from Access Solutions, a division of Infrastructure and 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.
    Contact The City for a link or a telephone number to request further information.

  13. Indemnity.

    You agree to indemnify, defend and hold harmless The City and its officials, officers, employees and authorized representatives from and against any liability or any form of loss injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating in any way to your use of the 311 App, including, but not limited to, your connection to the 311 App, your use of the Contents of the 311 App, your Submissions to the 311 App, or your use of a third party’s Submissions to the 311 App.

  14. Termination.

    If you violate this Agreement or other policies and guidelines posted on this 311 App, your permission to use the Contents automatically and immediately terminates and you must immediately destroy any copies you have made of the Contents or of Submissions. The City reserves all of its rights at law and in equity.

  15. Governing Law and Jurisdiction.

    The use of the 311 App is governed by the laws in force in the Province of Alberta and Canada. You agree to 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 does not apply.