Version 2.4 June 2019
Giving City Credit
Although you are not required to credit the City for each use or reproduction of the datasets, you are entitled to do so and encouraged to conspicuously announce that these datasets are publicly available from the City’s Open Data Portal. Upon the request of the City, you may be required to remove a credit from future uses or reproductions should the City, in its sole discretion, request that you do so.
Compliance with Law Your Responsibility
You assume sole responsibility for your use and reproduction of the datasets and for complying with all applicable laws and industry standards.
No Warranty with Datasets
Your use of the datasets is solely at your own risk and you are fully responsible for any consequences arising from your use of the datasets. All datasets are provided on an “as is” and “as available” basis, and you agree to use them solely at your own risk. There are no warranties, express or implied, in respect to the datasets or your use of them, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose. For example (but without limiting the total intended scope of the preceding sentence):
- while reasonable efforts have been made in preparing these datasets for use by you, the City does not give any warranty or representation, whether express or implied, as to the completeness, currency, appropriateness, or accuracy of the datasets or that access will be continuous;
- the City does not make any representation that the datasets are free and clear of any possible third party copyright, moral rights, other proprietary right or other claim;
- the City does not warrant or make any representations as to the quality, content, accuracy or completeness of the information, text, maps, graphics, links and other items contained in any dataset or the Open Data Portal.
Please note that the datasets have been modified from their original source, and that all data visualizations on maps are approximate and include only records that can be mapped. The datasets do not represent an official statement of City policy, practice, services or procedure, and should not be construed as such.
Exclusion of Liability
You expressly agree that the City is not liable to you for any direct, indirect, incidental, consequential, special, or other damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from your access to or use of datasets or the City’s Open Data Portal. You will not and cannot sue the City for anything which the City does or does not do (even if intentional or negligent) in connection with the datasets and your use or inability to use them. Without limiting the general scope of the preceding sentence, this means that the City and its officers, employees, representatives and agents are not liable on any legal theory or basis for any direct, incidental, indirect, special, punitive, exemplary or consequential damages or losses, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction or any other damages or losses arising from your access to, and use of, the datasets.
You agree to indemnify, defend and hold harmless the City and its officials, officers, employees and authorized representatives from and against any liability or any form of loss injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating in any way to your access to or use of the datasets or the City’s Open Data Portal, including, but not limited to, your connection to the Open Data Portal or your use of the datasets or any other contents of the Open Data Portal. You agree to cooperate fully in the defence of any such claim. The City reserves the right to assume, at its own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of the City.
Cancellation for Non‐Compliance
You may not publicly represent or imply that the City is participating in, or has sponsored, approved or endorses the manner or purpose of your use or reproduction of the datasets.
You may not use any trade‐mark, official mark, official emblem or logo of the City, or any of its other means of promotion or publicity, without the City's prior written consent nor in any event to represent or imply an association or affiliation with the City.
Governing Law and Jurisdiction
Comments and Interaction
All comments and contributions must be relevant and respectful.
Any comments or contributions that:
- include personal or confidential information of the City or a third party, or that infringe upon the intellectual property or proprietary rights of any person;
- engage in partisan or political issues;
- are contrary to the principles of the Canadian Charter of Rights and Freedoms, Constitution Act, 1982;
- are racist, hateful, sexist, homophobic or defamatory, or contain or refer to any obscenity or pornography;
- are threatening, violent, intimidating or harassing;
- are contrary to any law;
- constitute impersonation, advertising, or spam;
- encourage or incite any criminal activity; or
will not be responded to or accepted, and will be removed from the Open Data Portal.