A. Acceptance of Terms of
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,
include the Privacy Policies and Disclaimers) as set forth herein.
The City reserves the right to revise, change, modify or remove
appropriate with or without notice to you. Any updates or changes
of the new version posted above. Your use of the Site will be
please do not use this Site and immediately exit the
B. Effective Date.
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.
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
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.
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
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
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,
infringement by any other user of your account, of any intellectual
property or other right of any person or entity.
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.
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
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
email@example.com. 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"
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
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
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.