Terms of Use

Terms of Use -- Last Modified July 14, 2016

I. Terms of Use General.

A. Acceptance of Terms of Use. Please read these Terms of Use carefully before using any of the on-line services and social media offered by the City of Boise City ("City"). By accessing, using or browsing the City's websites ("Site" or collectively "Sites") (including the use of any information, content or services available via this Site) in any manner, you the user/visitor ("You" or "User") agree to accept, abide and be unconditionally bound by the Terms of Use (which include the Privacy Policies and Disclaimers) as set forth herein. The City reserves the right to revise, change, modify or remove portions or all of these Terms of Use at any time as it deems appropriate with or without notice to you. Any updates or changes to the Terms of Use shall be posted here on our Sites and the date of the new version posted above. Your use of the Site will be deemed acceptance of any changes to the Terms of Use. If you disagree with any part of these terms of use, please do not use this Site and immediately exit the Site.

B. Effective Date. The effective date of the Terms of Use is July 14, 2016.

C. Purpose of City Sites. In establishing and maintaining the City's official websites, the City does not intend to create any forum or other means for public discourse. Rather, the sole and limited purpose of the City's official websites is to provide information about the City and its government readily accessible to residents, businesses and visitors. Additionally, the City does not endorse or provide preferential treatment to any third party websites, associated organizations, or persons.

II. Warranties and Disclaimers.

A. General Disclaimer. The City disclaims any and all warranties, expressed or implied regarding the City's Sites, services, or computer system for public use, including but not limited to any materials, information, graphics, products or processes contained therein. The City makes no warranty, expressed or implied of the merchantability, fitness for a particular purpose, or non-infringement of its Sites, services or computer system for public use. The City's Sites, services and computer system for public use are provided on a strictly "AS-IS" basis. You assume any and all of the risk of damages or loss from use of, or inability to use the Sites, services or computer system. The City does not warrant that the Sites, services or computer system for public use will meet your requirements, or that the operation thereof will be uninterrupted or error-free, or that its content will be accurate, complete or current.

B. Disclaimer of Affiliated Sites' Content. City may work with various partners and affiliates whose internet sites may be linked to the City's Sites. City has no control over and makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites. City consequently assumes no liability for any third party websites or materials any unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites or the overall security of such sites. Unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content or materials, which are provide on, through or by the City's Sites or services.

C. Use of Software. City may make certain software available to you from its Sites. If you download software from the City's Sites, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by City, for your personal, non-commercial, home-use only. City does not transfer either the title or the intellectual property rights to the Software, and City retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, reproduce or make derivate works from the Software. Additionally, you may not decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by City or its licensors and you may not copy or use them in any manner.

D. Compliance with Intellectual Property Laws. When accessing the City's Sites or using its services, you agree to obey the law and to respect the intellectual property rights of others. Your use of City Sites and related services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

E. Disclaimer of Endorsement. Links or pointers to external websites or information, references to any specific commercial products, processes or services, or the use of any trade or corporate names on any Sites is for the information and convenience of the User, and does not constitute endorsement or recommendation by the City or any of its officers, employees, consultants, agents, or representatives. No information or statements contained in any City Sites may be used for the purposes of advertising, or to imply endorsement or recommendation.

F. User Content. You grant the City a license to use any and all materials (including without limitation text, images, audio material, video material and audio-visual material) which you post to the City's Sites or its associated services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the City's Sites or services, you are granting the City and its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, irrevocable, non-exclusive, royalty-free license to use, adapt, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your User Content in any existing or future media. You agree that the City may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the City's Sites or service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. City reserves sole discretion to edit or remove any User Content from its Sites and Services.

G. Security. The City websites have reasonable security measures in place to prevent the loss, misuse and alteration of the information obtained from Users; however City makes no assurances about its ability to prevent any such loss, misuse to you or any third party arising out of any such loss, misuse or alteration.

H. Inappropriate Content. Users agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is: 1) libelous, defamatory, obscene, pornographic, abusive, or threatening, 2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation, or 3) advertises or otherwise solicits funds or is a solicitation for goods or services. City reserves the right to terminate the receipt, transmission or other distribution of any such material using the City's Sites or services, and, if applicable, to delete any such material from its servers. City intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Additionally, City reserves the right to terminate your use of its Sites or services immediately, with or without notice to you, if City believes that you have violated the Terms of Use in any manner, furnished City with false or misleading information or interfered with the use of its Sites or services by others.

I. Prohibited Uses. City imposes certain restrictions on your permissible use of its Sites and services. You are prohibited from violating or attempting to violate any security features of its Sites or services, including, without limitation: 1) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, 2) attempting to probe, scan, or test the vulnerability of the Site, service or any associated system or network, or to breach security or authentication measures without proper authorization, 3) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to its Sites or services, overloading, "flooding," "spamming," "mail bombing," or "crashing," 4) using its Sites or services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services, 5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the service, or 6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by City in providing its Sites or services. Any violation of system or network security may subject you to civil and/or criminal liability.

J. Indemnity. You agree to indemnify City for your acts and omissions. You agree to indemnify, defend, and hold harmless City, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, or costs (including reasonable attorney fees and costs) arising from your access to or use of the City's Sites, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

K. Limited Liability. City shall not be liable for damages of any kind, including, but not limited to: special, incidental or consequential damages, lost profits, or lost data (regardless of the foreseeability of those damages) arising out of or in connection with your use of its Sites or and other materials or services provided to you by City. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form or action.

L. No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by City or by any third party.

M. Governing Law. These Terms of Use and Privacy Policies shall be construed in accordance with and governed by the laws of the United States and the State of Idaho, without reference to their rules or statutes regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Boise, Ada County, Idaho in all disputes arising out of or related to the use of its Sites.

III. Privacy Policies. The City respects the privacy rights of its Users of its Sites and permits you to control the treatment of your personal information. Pursuant to the Acceptance of Terms of Use above, the City reserves the right to update, change or modify these privacy policies set forth herein as it deems appropriate.

A. Definition of Personally Identifiable Information. For the purposes of these Terms of Use, "personally identifiable information" means any information relating to an identified or identifiable individual who is the subject of the information.

B. Collected Personally Identifiable Information. The City does not use its Sites or services to collect personal information for any purpose other than to respond to a user's request, input, or to complete an on-line transaction. Examples of when the City may have collected personally identifiable information from users of the City's Sites and services include, but are not limited to, the following: 1) signing-up for the newsletters; 2) submission of volunteer applications; 3) signing-up for recreational leagues; 4) reserving park facilities; or 4) submitting inquiries to the City through its Sites and services. Collected personally identifiable information may include, but is not limited to: 1) name; 2) email address; 3) personal home or mailing address; 4) telephone number; 5) age; 6) sex; 7) credit card information; and 8) message details you submitted to the City. If you wish to modify or remove your personal information contact City with those specific requests through the Office of Community Engagement for the City of Boise at communityengagement@cityofboise.org. The City shall not share Users' personal information with any third party without his/her consent, except: 1) as necessary to provide you with the services offered by City, 2) to comply with the law or legal process served on City; 3) to protect and defend the rights or property of City or the Users of its Sites; or 4) to act under exigent circumstances to protect the safety of the public or Users of its Sites.

C. Automatic Collected Information. The server for the City's Sites may automatically recognize Users' domain names and IP addresses. The City's Sites may additionally collect anonymous aggregate information ("Traffic Data") which does not personally identify you, but may be used to create summary statistics. City uses anonymous information to analyze its Sites' traffic as well as other purposes, including but not limited to, diagnosing server problems and Site administration.

D. Cookies. The City may use "cookies" to store a small piece of data on your computer during your visit to collect information. The cookies are used to obtain information on Users' web use and incorporate such information into the City's Sites to improve User experience.

E. Public Records Requests. Personally Identifiable Information which is submitted upon any of the City's Sites or services may be subject to disclosure to a third party pursuant to various provisions of Idaho State and federal law, including but not limited to, the Idaho Public Records Act.

F. Do Not Track Signals. City does not currently honor "do not track" signals issued by browsers or other third party sources.

G. Third Party Tracking. Third Party companies, including but not limited to, Google, Facebook, Twitter, YouTube, Vimeo, Pinterest, Instagram, and LinkedIn, may track Users through the City's Sites as City uses their services for social media and infrastructural purposes. It is the responsibility of Users to contact any Third Parties to review their individual privacy policies and "opt out" options.

H. Minor's Privacy Policy. Any information collected by any City Sites or services from Users who are under the age of 18 years old, are subject to the Terms of Use and privacy guidelines provided above. Additionally, for any information collected upon City Sites and services of Users who are children under the age of 13 years old, the following guidelines: 

1) Information which could be collected from a minor includes, but is not limited to: name, age, address, telephone number, email address, school, and any question or comment submitted to the City.

2) Parental Consent. The City's Sites are for a general audience and are neither designed nor intended to collect personal information from children under the age of 13. However if relevant, parental consent shall be obtained before the collection, use or disclosure of personal information about a child under the age of 13. In the event that the City changes its practices of collecting, using or disclosing any information in a substantive way, new parental consent will be obtained.

3) Upon verification of a child's parent's identity, the requesting parent shall be able to review the personal information collected from their child.

4) A parent shall be allowed to revoke their consent and the City shall delete information collected from his/her child upon request. Revocation may terminate the child's participation in an activity if the collected information was necessary for participation on that Site.

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