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Terms and Conditions of Use
Terms & Conditions
NYC DEVELOPER PORTAL TERMS OF USE

Welcome to the NYC Developer Portal.

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE NYC DEVELOPER PORTAL.  BY ACCESSING OR USING THE NYC DEVELOPER PORTAL, INCLUDING BUT NOT LIMITED TO ALL SUBPAGES AND CITY-PROVIDED APPLICATION PROGRAMMING INTERFACES (“APIs”), YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS.

I.	YOUR USE OF THE NYC DEVELOPER PORTAL
You agree to access and use the NYC Developer Portal only for lawful purposes.  You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of The NYC Developer Portal.  By accessing The NYC Developer Portal, you agree that you will not: 
A.	use the NYC Developer Portal to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;
B.	use the NYC Developer Portal in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;
C.	use the NYC Developer Portal to impersonate other parties or entities; 
D.	use the NYC Developer Portal 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 any system of the City of New York (“City”) or the hardware or software of any other person who accesses The NYC Developer Portal; 
E.	upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship; 
F.	alter, damage, or delete any content posted on the NYC Developer Portal; 
G.	disrupt the NYC Developer Portal or any City servers or networks in any way;
H.	claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or to represent; or
I.	use the NYC Developer Portal to promote or provide content referencing, facilitating or containing online gambling or online lotteries.

II.	INFORMATION YOU PROVIDE
A.	In order to use certain aspects of the NYC Developer Portal, you may be required to provide information about yourself, your organization (if applicable) and your software applications that leverage the NYC Developer Portal and the associated City-provided APIs.  You agree that any information you give to the City will always be accurate, correct and up to date.  To learn how the City may use such information, please visit the NYC.gov Privacy Policy.
B.	If you are acting on an organization’s behalf, you agree that any information you give to the City concerning the organization will always be accurate, correct and up to date.

III.	YOUR COMMENTS
A. 	The NYC Developer Portal will enable you to post feedback about information presented on the NYC Developer Portal.  Such comments will be visible to both the City and the general public.

B. 	Should you post any comments or other content on the NYC Developer Portal, you agree not to:
	
1.	post language, photos, videos or other content that is indecent, profane, threatening, or disparaging to any ethnicity, race, age group, religion, gender, sexual orientation or mentions or implies that an individual was the victim of domestic violence, or is otherwise not relevant to the purpose of The NYC Developer Portal;
2.	encourage illegal activity; or
3.	engage in hostile discussions with or about other commenters.

IV.	INTELLECTUAL PROPERTY
Service marks and trademarks contained in or displayed on the NYC Developer Portal, and the contents of linked sites operated by third parties, are the property of their respective owners (which may be the City).  All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on the NYC Developer Portal, and the selection and arrangements thereof, are the property of the City of New York.  All rights are reserved.

V.	LINKS TO SITES OF NON-CITY ENTITIES
The NYC Developer Portal may contain links to other sites on the Internet that are operated by parties other than the City.  The City does not imply approval of the listed destinations, warrant the accuracy of any information set out in those destinations, or endorse any opinions expressed therein.  Like the NYC Developer Portal, all other websites operate under the auspices and at the direction of their respective owners who should be contacted directly with questions regarding the content of those sites.

VI.	YOUR APPLICATIONS
A. 	KEYS
1.	To be able to connect to City-provided APIs and retrieve information therefrom (as placed there by the City) you will need to register to obtain application identifiers and secret keys.  Your application identifier and secret key will provide you with individualized access to each City-provided API, with limits imposed by the City to ensure consistent system performance.
2. 	You may not solicit another developer’s keys or password.
3. 	If you are obtaining a key on behalf of an organization, by doing so, you are confirming that you have the legal authority to bind your organization to all legal agreements presented on behalf of the City.
4. 	You agree and understand that you are responsible for maintaining the security and confidentiality of the password associated with your key.  Accordingly, you agree that you will be solely responsible to the City for all activities that occur under your account.
5. 	If you become aware of any unauthorized use of your key or password, you agree to notify the City immediately by sending an e-mail to api-support@platform.nyc.gov.
B.	RELATIONSHIP WITH END USERS
1.	You must obtain any and all necessary opt-in consent(s) from end users.
2.	You must have a privacy policy that tells users what user data you are going to use and how you will use, display, share, or transfer that data. In addition, you must include your privacy policy URL in the App Dashboard, and must also include a link to your app's privacy policy in any app marketplace that provides you with the functionality to do so.
3.	Your application must not confuse, defraud, mislead, spam or surprise end users, and must not deploy malware.
C.	You must not use or make derivative use of any City trademarks, logos or the like.
D.	You will only request data from the NYC Developer Portal that you need to operate your application.
E.	Your application must comply with all applicable privacy laws and regulations.

VII.	DISCLAIMERS
A.	THE NYC DEVELOPER PORTAL 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 NYC DEVELOPER PORTAL (WHETHER BY THE CITY OR A THIRD PARTY) INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON THE NYC DEVELOPER PORTAL, OR THAT NYC PLAFORM WILL MEET ALL OF YOUR REQUIREMENTS.
B.	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 NYC DEVELOPER PORTAL AND/OR THE MATERIALS CONTAINED ON THE NYC DEVELOPER PORTAL WHETHER THE MATERIALS CONTAINED ON THE NYC DEVELOPER PORTAL ARE PROVIDED BY THE CITY OR A THIRD PARTY.
C.	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NYC DEVELOPER PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D.	CHANGES ARE MADE PERIODICALLY TO THE CITY CHARTER AND MANY CITY LAWS, RULES, FORMS AND SCHEDULES, AND THESE CHANGES MAY OR MAY NOT BE IMMEDIATELY REFLECTED IN THE MATERIALS OR INFORMATION PRESENT ON THE NYC DEVELOPER PORTAL.

VIII.	MISCELLANEOUS TERMS
A.	Nothing contained in or displayed on the NYC Developer Portal or 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.
B.	You agree 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.
C.	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.
D.	The Terms, and your 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).  You agree 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 and County of New York or in the courts of the State of New York located in the City and County of New York.
E.	The City reserves the right to revise and otherwise change the Terms at any time and without notice.  Any modification is effective immediately upon posting, unless otherwise stated.  Your continued use of the NYC Developer Portal following the posting of any modification signifies your acceptance of such modification.  You should periodically visit this page to review the current Terms.
F.	The Terms and the NYC.gov Privacy Policy constitute the entire agreement between you and the City with respect to your use of the NYC Developer Portal and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the City with respect to the NYC Developer Portal.  The Terms shall be deemed to include all other notices, policies, disclaimers and other terms contained in the NYC Developer Portal and its subpages; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control.
To continue to use this site, please thoroughly review the Terms & Conditions above. Once you have scrolled all the way through, confirm your acceptance by clicking the “Accept” box. *
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