These Terms constitute an agreement ("Agreement") between the City of New York ("City") and the User concerning the App (the "App"). The "User" is you, unless you are downloading the App on behalf of your employer or another entity (in such case, the latter will be the "User"). This Agreement is effective as of the date you click the "I Accept" button below.
If you are accepting on behalf of the User (be it your employer or another entity), you represent and warrant that: (i) you have full legal authority to bind your employer, or the other applicable entity, to these Terms; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. If you don't have the legal authority to bind your employer or the other applicable entity, please do not click the "I Accept" button below.
This Agreement governs User's access to and use of the App.
By downloading this App, you represent that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are not downloading the App on behalf of an entity and you are under 18 years old or have not reached the age of majority in your jurisdiction, your parent or legal guardian must download the App on your behalf and accept the terms of this Agreement.
Usage Restrictions. The User will not:
use the App to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;
use the App in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;
sell, resell, lease (or engage in a functionally equivalent transaction concerning) the App;
use the App to impersonate other parties or entities;
use the App to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the App or City government infrastructure;
impair anyone else's use of the App or of the wireless network via which you have downloaded the App;
obtain (or try to obtain) any data from the App except the data that the City intends to make available to the User; or
modify, reverse engineer, decompile, or disassemble the App (or attempt to do so), whether in whole or in part, create any derivative works from or of the App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the App or any mechanisms operatively linked to the App, for example, by augmenting or substituting any digital rights management functionality.
Collection of Information.
This App is not geared toward children under the age of 13 and the City does not knowingly collect personal information from children under the age of 13 via this App.
The App will NEVER ask for anyone's social security number.
Service Operation and Equipment.
You may only access the App with the device(s) by which you downloaded the App (each an "Authorized Device"). The download on each Authorized Device shall create a separate Agreement.
You acknowledge that you may incur charges from the wireless carrier for your Authorized Device(s) and agree that the City will not be responsible for paying or reimbursing you for such charges.
Consent for Internet-Based or Wireless Services. The App may connect to computer systems over an Internet-based wireless network. In some cases, the User will not receive a separate notice when it connects. Using the App operates as your consent to the transmission of standard device information (including but not limited to technical information about its Authorized Device, system and application software, and peripherals) for Internet-based or wireless services.
Service marks and trademarks contained in or displayed on the App, and the contents of linked sites operated by the City or third parties, are the property of their respective owners. All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on the App, and the selection and arrangements thereof, are the property of the City of New York. All rights are reserved.
Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property.
User Support. Except with regard to unauthorized use of a User's account or password, the City does not offer User support for the App.
THE APP AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT OF CONTENT PLACED ON THE APP INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON THE APP.
USER ACKNOWLEDGES THAT THE APP IS NOT CAPABLE OF PLACING OR RECEIVING ANY EMERGENCY SERVICES CALLS.
THE CITY IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE APP, WHETHER THE MATERIALS CONTAINED ON THE APP ARE PROVIDED BY THE CITY OR A THIRD PARTY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT THE USER'S OWN DISCRETION AND RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree under this Agreement to abide by any usage rules set forth in the terms of service from the online application store from which you downloaded the App.
The platform on which you run the App may contain additional terms, codes of conduct, or guidelines that govern your use of that platform ("Third-Party Terms"). You agree under this Agreement to abide by the Third-Party Terms.
Notwithstanding the previous paragraph, any dealings between you and such a third party are solely between you and that third party. The City does not endorse and is not responsible or liable for any aspect of any such dealings.
Nothing in the Third-Party Terms increases the City's liability or changes your relationship with the City.
Please review the privacy controls provided by the third-party's platform and be aware that those controls may affect how you share your personal information when using that platform.
Nothing contained in these Terms constitutes or is intended to constitute legal advice by the City or any of its agencies, officers, employees, agents, attorneys, or representatives.
The User agrees that if the City does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the City otherwise has under applicable law), such omission will not be taken to be a formal waiver of the City's rights and shall not be construed to be a modification of the Terms.
If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and the User's relationship with the City under the Terms, shall be governed by and construed in accordance with the Laws of the State of New York (notwithstanding New York choice-of-law rules).
The User agrees that any and all claims asserted by or against the City arising under or related to the Terms shall solely be heard and determined either in the courts of the United States located in the City or County of New York or in the courts of the State of New York located in the City and County of New York.
Nothing in this Agreement will act to limit the City's ability to seek equitable relief under this Agreement.
The User may not assign this Agreement or any part of it, or any rights to use the App, either temporarily or permanently, to any other party. Any attempt to do so is void.