Terms of Use

Terms of Use -- Last Modified January 18, 2018

I. Terms of Use General.

A. Acceptance of Terms of Use. Please read these Terms of Use carefully before using any of the websites or on-line services offered by the city of Boise City ("City"). By accessing, using, or browsing in any manner the City's websites or on-line services ("Site" or collectively "Sites"), including the use of any information, content or services available via this Site, you, the user/visitor ("You" or "User"), agree to accept, abide, and be unconditionally bound by these Terms of Use, which include the Privacy Policy, Warranties and Disclaimers, and other miscellaneous terms and conditions as set forth herein (referred to collectively as "Terms of Use."). The City reserves the right to revise, change, modify, or remove portions of 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 with 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 January 18, 2018.

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 Sites is to provide information about the City and its government in a readily accessible manner to residents, businesses, and visitors. 

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 Third-Party or Affiliated Sites' Content and Third-Party Terms of Use.  The City utilizes the services of third-party contractors and vendors to provide certain online content, products, and services to Users.  The City may also engage various partners and affiliates whose internet sites may be linked to the City's Sites. The City has no control over and makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites. Moreover, the 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. The third-party contractors and vendors providing on-line services on behalf of the City may have their own separate terms of use, conditions, and privacy policies. Your use of any and all third-party platforms, services, content, or product, which are provided on, through or by the City's Sites shall be subject to and governed by both their terms of use, conditions, and privacy policies in addition to the City's Terms of Use set forth herein.  

C. 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. The City reserves sole discretion to edit or remove any User Content from its Sites and Services. 

D. Use of City Sites and Software. The 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 the City, for your personal, non-commercial, home-use only. The City does not transfer either the title or the intellectual property rights to the Software, and the 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 or any information, materials or content provide on the City's Sites. 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 the City or its licensors and you may not copy or use them in any manner. 

E. Compliance with Intellectual Property Laws. Unless otherwise specified, all materials appearing on City Sites or the sites of its affiliated contractors and vendors, including, but not limited to the text, site design, logos, trademarks and tradenames, graphics, icons, images, and the selection, assembly, and arrangement thereof, are protected intellectual property owned by the City or other third-parties. When accessing the City's Sites or the sites of its contractors and vendors, you agree to strictly obey the law and to respect the intellectual property rights of others. Your use of City Sites or the sites of its affiliated contractors and vendors, 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 the City's or 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 the City's or third-party's 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.

F. User Obligation. Certain City Sites (e.g. online parking ticket payment, utility billing payment system, job applications profile, City community class registration) may require the User to create an account with a log-in username and password to use the on-line services being offered on or through these Sites.  You agree to be subject to the following User obligations to use the City's Sites and on-line services.  Failure to continuously abide by any and all of these following conditions set forth in this subsection and these Terms of Use overall, constitutes a breach of the Terms of Use.  Specifically, you agree that: 1) all the information that you provide in any City Sites, registration, payment, or other on-line services forms is true and correct and you will promptly inform the City of any changes to such information; 2) you are over the age of thirteen (13) if accessing any City Sites or services; 3) that any City Site or on-line service that you register for and thereby create an account profile with log-in username and/or password is for your sole use only and you shall not allow any third-party to use your account, password, or log-in username to access our use the City's Sites or to arrange, enter, participate in services, or for any other purpose; 4) you will notify the City promptly of any unauthorized use of your account, password or log-in username or other breach of City Sites or services; 5) you will not use any City Site or service for fraudulent or otherwise illegal purposes; and 6) you will not mask your identity in any way, including without limitation, IP masking by accessing the City's Sites over any type of Proxy Server or through IP masking software. The City expressly reserves the right (but does not have the obligation) to request proof of age of any individual accessing or using its Sites or on-line services. The City expressly reserves the right to suspend or terminate your access to City Sites and services for any and all breaches of these Terms of Use. 

G. On-line Payments. You agree to honor any and all on-line payments to the City.  All on-line payments to the City are subject to any late fees and penalties as set forth in those specific payment agreements. On-line payments may only be made using a payment method approved by the City. The City accepts on-line payment by a major credit card (i.e. Visa or MasterCard). The City reserves the right to approve or disapprove of any payment form as it deems appropriate.  The City shall not be liable for any loss caused by any unauthorized use of your credit card or other payment method in connection with use of a City Site. You waive any right to dispute any payment made into your City online account and will bear all costs, including late fees and other penalties.  In the case of suspected or fraudulent payment, including the use of stolen credit credentials by anyone, or any other fraudulent activity, the City reserves the right to suspend or terminate your account.  The City also reserves the right to suspend or terminate your account for your failure to honor charges or requests for payment to your account. In addition to suspension or termination of your account, the City may seek civil or criminal penalties against you.

H. Inappropriate Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:  1) is 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. The 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. The 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, the City reserves the right to terminate your use of its Sites or services immediately, with or without notice to you, if the City believes that you have violated the Terms of Use in any manner, furnished the City with false or misleading information, or interfered with the use of its Sites or services by others. 

I. Prohibited Uses. The 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 the City in providing its Sites or services. Any violation of system or network security may subject you to civil and/or criminal liability.

J. 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 is not an 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.

K. Security. The City is committed to data security and the data quality of the collected information of its Users and has taken reasonable precautions and security measures to prevent the loss, misuse, or alteration of the information obtained from Users. The City operates secure data networks protected by industry standard firewall and password protection systems. However, the City makes no assurances about its ability to prevent any such loss to you or any third-party arising out of any such loss, misuse or alteration.

L. Indemnity. You agree to indemnify the City for your acts and omissions related to your access, use or browsing of City Sites. You agree to indemnify, defend, and hold harmless the 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 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. 

M. Limited Liability. The 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 other materials or services provided to you by the 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. 

N. No License. Nothing contained on the Site grants you a license to use any of the trademarks, service marks, or logos owned by the City or by any third party.

O. Governing Law. These Terms of Use and Privacy Policy (set forth herein) 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. 

P. General Information. These Terms of Use and the Privacy Policy, which is set forth below and fully integrated herein, in addition to any third-party terms of use that Users may be subject to by use of the City contractor's and vendor's platforms and websites to access content, materials, or products provided on the City's behalf, constitute the entire agreement ("Agreement") between User and the City and supersede any and all prior or contemporaneous communications, and proposals, whether electronic, oral, or written with respect to the City's Sites. Should any provision of this Agreement be held invalid, illegal, or unenforceable, the remaining portions shall remain in full force and effect. The City's failure to enforce any provision of this Agreement shall not be deemed a waiver thereof. Any waiver of any provision of this Agreement shall only be effective if the City expressly states in a signed writing that it is waiving a specific provision. 

III. Privacy Policy. 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 the Privacy Policy set forth herein as it deems appropriate.

A. Information Collected.  The City collects two (2) types of User information: personally identifiable information and automatically collected information. 

1. Personally Identifiable Information.  For the purposes of this Agreement, "personally identifiable information" means any information relating to an identified or identifiable individual who is the subject of the information. 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/debit card information; 8) Social Security number; 9) usernames and passwords; and 10) message details you submitted to the City.   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.  The City seeks to ensure that User information is accurate and complete. If you wish to modify or update your personal information, contact the City with those specific requests through the City's Office of Community Engagement at communityengagement@cityofboise.org. You may opt-out of the City's email communications, such as newsletters, and opt not to participate in certain on-line services provided by the City that result in the necessary gathering of certain personally identifiable information from you.

2. Automatically Collected Information. For the purposes of this Agreement, "automatically collected information" means any information that is automatically transmitted by your browser and typically does not identify specific individuals. Automatically collected information may include, but is not limited to: 1) the Uniform Resource Locator ("URL") or address of the webpage a User visits; 2) the domain names and IP addresses from which a User accesses a City Site; 3) the type of browser used to access a City Site; 4) the operating system used to access a City Site; 5) the date and times a User accesses a City Site; 6) the URL of a forwarding website to a City Site; and 7) anonymous summary demographic information about a User. The City's policy on use of cookies is set forth separately herein.  

B. Use of Collected User Information. The City collects and may use personally identifiable information and automatically collected information of Users in several manners, including, but not limited to, the following: 1) to respond to User requests and questions; 2) to analyze traffic to City Sites'; 3) to diagnose server problems and assist with Site administration; 4) to improve the User's experience while visiting City Sites; 5) to send Users emails, newsletters, and other communications regarding City services and other information; and 6) to invite Users' feedback and conduct User surveys to improve City services. The City may share a User's information with a third-party without the User's consent in the following situations: 1) as necessary, to provide Users with the services offered by the City or through its agents or contractors; 2) to comply with the law or legal process served on the City; 3) to protect and defend the rights or property of the 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. The City never sells, rents, or gives away any Users' personally identifiable information to third parties for marketing or mailing list purposes. 

C. Access to Your Personally Identifiable Information. Unless otherwise prohibited by state or Federal law, rule, or regulation you will be granted the ability to access and correct any personally identifiable information. The City shall take reasonable steps to verify a User's identity before granting access to review or correct User information. The City may email electronic newsletters and other information to Users periodically. You may remove yourself from such mailing list by following the link provided in every newsletter that points and links Users to a subscription management page.

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 or its contractors' and vendors' platforms and websites 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. The 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 the 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 Policy provided herein. 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 apply: 

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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