311 Calgary mobile application 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.

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.

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:

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.

(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.

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 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.

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.

 

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.

 

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.