Terms of Service
Use of Socrata Web Properties
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
– AGREE: BY USING THE SERVICE OR CHECKING THE BOX PROVIDED, USER IS AGREEING TO BE BOUND BY THIS AGREEMENT.
User Terms of Service
- Right to Use. User is granted a limited, nonexclusive, non-sublicensable, non‑transferable, revocable term license to access and use a limited feature set of the Socrata software service (Service).
- User Responsibilities. User must (i) maintain the security of User’s password or key provided by Socrata to access and load User Content on the Service; and (ii) accept all risks of unauthorized access to the User Content or other information User provides to Socrata. User is responsible for all activity that occurs under User’s account, and User should not share password with any third party.
- User Content means any datasets, discussion forums, and other interactive areas, features or services which User creates, posts or stores or uploads to the Service, including, without limitation, any content, messages, materials, data, datasets, data structures, spreadsheets, entries, information, text, music, sound, photos, video, graphics, code or other items or materials.
User’s rights with respect to any Socrata customer data displayed or made available on any Socrata customer website are governed by the terms of service or other applicable online contract between User and such Socrata customer.
- User Content.
- Warranties. By providing any User Content, User represents and warrants to Socrata: (i) that it has the lawful right to distribute and reproduce such User Content; (ii) that none of the User Content impersonates any person or entity or otherwise misrepresents User’s affiliation with a person or entity; (iii) that none of the User Content is subject to any export control laws or regulations; (iv) that there are no unsolicited promotions, political campaigning, advertising or solicitations; (v) that the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers is provided with the authorization of such third party; (vi ) there are no viruses, corrupted data or other harmful, disruptive or destructive files; and (vii) that the User Content that is not objectionable or which may expose Socrata or the users to any harm or liability of any type.
- User may not provide any User Content: (i) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objection; (ii) that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or (iii) that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- Grant of Rights. During the term of this agreement, User grants Socrata and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, analyze, perform and display User Content in connection with the Service and to provide service to its users. User understands that once User Content is provided, Socrata and content users have a limited ability to control or delete such content.
- No Liability for User Content. Socrata takes no responsibility for any User Content or user content posted, stored or uploaded to the Services, nor is Socrata liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity within the Service. User’s reliance on any content that it obtains through use of the Service is at User’s own risk. Although Socrata has no obligation to monitor any of the User Content or other non-Socrata provided information, SOCRATA RESERVES THE RIGHT TO REMOVE OR EDIT ANY CONTENT WITHOUT ADVANCE NOTICE, AND User IS SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF AND REPLACING ANY User CONTENT POSTED OR STORED ON THE SERVICe AT User’s SOLE COST AND EXPENSE. Any use of the Service in violation of the foregoing violates this agreement and may result in, among other things, termination or suspension of User’s right to use the Service.
- Retained Property Rights. Socrata retains all of its intellectual property rights in the Service and underlying software, and no rights, title or interest to the underlying software are transferred to the User. Socrata reserves all rights not granted. User may not rent, lease, resell or operate the Service as a service provider, or reverse engineer the Service. User must use the Service in conformance with applicable laws.
- Disclaimer. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOCRATA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE CONTENT AND INFORMATION WITHIN THE SERVICE. WHILE SOCRATA WILL ATTEMPT TO MAKE USER’S ACCESS AND USE OF THE Service SAFE, SOCRATA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT ARE OUTSIDE SOCRATA’S REASONABLE CONTROL.
- Limit of Liability. Socrata is not liable to User for any indirect, consequential, incidental or special damages (including without limitation, lost profits and lost data, information or content) arising out of this agreement, regardless of the theory of liability (including negligence and strict liability). Socrata’s total liability arising out of this agreement is limited to the amount paid by User within the 12-month period prior to the event which gave rise to the claim or $100, whichever is greater.
- Socrata Confidential Information. User will treat all non-public Socrata information as confidential, and may not disclose or use that information for any purpose, other than for purposes of this agreement.
- General Indemnity. If any third-party brings a claim against Socrata related to User’s acts or omissions, or User Content, User must defend, indemnify and hold Socrata harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- Feedback. By submitting ideas, suggestions or feedback to Socrata regarding the Service, (i) User agrees that such items submitted do not contain confidential or proprietary information; and (ii) User hereby grants Socrata an irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such items for any business purpose.
- Governing Law. This agreement is governed by the laws of the State of Washington (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for King County, Washington, and User submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction.
- Federal Acquisitions. The Service is a commercial product, developed at private expense, and provided with restricted rights. Use, reproduction, release, modification or disclosure of the Service, or any part thereof, including technical data, by the United States Government is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies.
- Miscellaneous. This agreement continues until either party terminates this agreement, for its convenience. This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. User is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification or waiver of any term of this agreement is effective unless both parties sign it. Neither party is liable for force majeure events. User must comply with applicable export control laws.