This Agreement shall be effective immediately upon your download, installation and/or use of the Application and shall remain in effect unless otherwise terminated in the manner provided in this Agreement.
AMENDMENTS TO THIS AGREEMENT
SCOPE OF USE; LICENSE
Subject to the terms and conditions of this Agreement, the CITY grants you a limited, non-transferable license to view, download and use a copy of the Application for your informational, personal, and/or non-commercial use (the "License") on any mobile device that you own or control. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof. Any attempt to do so is a violation of the rights of the CITY. All rights not specifically and expressly granted under the License are reserved by the CITY.
The Application is licensed, not sold. The License confers no title to or ownership in the Application and should not be construed as a sale of any rights in or to the Application. The CITY may terminate, change, suspend, or discontinue any aspect of the Application, including the availability of any features of the Application, at any time and in the CITY's sole discretion.
PERSONAL INFORMATION PROVIDED TO THE CITY; PUBLIC INFORMATION
When you provide information about yourself to the CITY, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or the CITY has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, the CITY has the right to suspend or terminate your use of the Application and refuse any and all current or future use of the Application or any portion thereof
The CITY is a home-rule municipal organization organized under the laws of the State of Texas. Information submitted to the CITY through the Application, including your personal information, may be subject to disclosure under local, state and/or federal law governing the release of information to the public including, without limitation, the Texas Public Information Act and the Freedom of Information Act. By submitting information through the Application you are agreeing to be subject to all applicable laws governing the release of your information.
USER CONTENT ON THE APPLICATION
You understand that all information, photographs, data, or other materials posted on or transmitted in connection with the Application by you or any other person using the Application on your mobile device ("User Content") are the sole responsibility of the person from whom such User Content originated. This means that you, and not the CITY, are responsible for all User Content that you upload, post, email, transmit or otherwise make available in connection with the Application. The CITY does not control the User Content posted and, as such, does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will the CITY be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available in connection with the Application.
YOUR GRANT OF LIMITED LICENSE TO THE CITY
By posting or submitting User Content to the Application, you grant CITY and its affiliates the right to use, reproduce, display, perform, adapt, modify, and distribute the User Content in any form, anywhere and for any purpose. You represent and warrant that you own or otherwise control all rights in and to any such User Content, and that public posting and use of your User Content by CITY will not infringe or violate the rights of any third party
You understand and agree that the CITY may obtain information regarding your location in connection with your use of the Application. By using the Application you are expressly and voluntarily consenting to the CITY to receiving and collecting information concerning your location. You understand that you have a right not to provide location information to the CITY and may refuse to do so by uninstalling and/or deleting the Application at any time. Your use of the Application shall constitute your voluntary waiver of your right not to share your location information with the CITY and/or its affiliates
Although the CITY does not pre-screen User Content, CITY has the right, but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, CITY has the right to remove any User Content that violates this Agreement
ACCURACY OF USER CONTENT
You are solely responsible for the accuracy of all information posted or submitted to the Application. When submitting information, including photographs or other material concerning an issue being reported to the CITY you are agreeing that the information submitted is accurate at the time of your submission. The CITY may reject, remove or delete any information submitted by you that is not accurate. The CITY may also terminate your access to the Application at any time for submission of false or inaccurate information
USER CONDUCT WHEN USING THE APPLICATION
In connection with your use of the Application, you agree not to:
1. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or harms minors in any way
2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
3. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
4. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
5. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment
6. interfere with or disrupt the operation of the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application
7. collect or store personal data about other users; or
8. use the Application while driving or operating a motor vehicle or at any other time when it would otherwise be unsafe to use the Application
REGISTRATION AND PASSWORDS
The Application may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Application. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
CITY'S RIGHT NOT TO ACT ON ISSUES REPORTED; EMERGENCIES
By using this Application you understand and agree that the CITY shall not be obligated to respond or take any action in connection with any issue reported to the CITY through the Application. The CITY's resources are limited and the CITY may not be able to respond to and/or address issues reported through the Application.
This Application shall not be used to report an emergency to the CITY. This Application does not provide information to the CITY's police or fire departments and should not be used to report issues involving criminal activity, medical emergencies or any other type of emergency. By using this Application you understand and agree that the CITY is not responsible for responding to any emergency reported by you or any other user of the Application.
INTELLECTUAL PROPERTY RIGHTS
CITY Marks" shall mean the name and logo for the City of Richardson, Texas, the name "MyRichardson" as well as all other trademarks, service marks and other commercial symbols used in connection with the CITY. All CITY Marks are the exclusive property of the CITY and/or its affiliates. This Agreement does not authorize you to use any CITY Mark, and you agree not to use any CITY Mark in any manner without the prior written consent of the CITY, which consent may be withheld in the sole discretion of the CITY. Unauthorized use of any CITY Mark may be a violation of state and federal trademark laws.
The Application is further protected by U.S. copyright laws and international treaties. All the material contained in the Application is the copyrighted property of the CITY, its software developers, affiliates and/or third-party contractors. Except for your informational, personal, non-commercial use as authorized in this Agreement, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of the Application, or any components thereof, without the express written permission of the CITY and/or its authorized affiliates.
TERMINATION OF THIS AGREEMENT; ACCESS TO APPLICATION
The CITY shall have the right to terminate this Agreement and/or terminate your access to all or part of the Application, with or without notice, for any reason or no reason, including without limitation your violation of any of the terms or conditions of this Agreement. You also have the right to cease using the Application and to uninstall the Application from any of your mobile devices. You understand and agree that the indemnification and intellectual property rights provisions of this Agreement shall survive this Agreement regardless of whether you or the CITY has terminated this Agreement.
DISCLAIMER OF WARRANTIES
The Application and all materials, information, software, products and services included in or available through the application are provided "AS IS" and "AS AVAILABLE" for your use. The Application and all materials, information, software, products and services included in or available through the Application are provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness, for a particular purpose, or noninfringement. The CITY and its affiliates do not warrant that the materials, information, software, products and services included in or available through the Application are accurate, reliable or correct; that the Application will be available at any particular time or location; that any defects or errors will be corrected; or that the Application is free of viruses or other harmful components. Your use of the Application is at your sole risk
You, binding you heirs, executors, administrators, agents and assigns, do hereby agree to completely and wholly release, indemnify and hold harmless the CITY, its agents, its officers, independent contractors, employees and all persons natural or corporate, in privity with them or any of them, from any and all claims, damages, causes of action of any kind whatsoever, statutory or otherwise, personal injury (including death), property damage, lawsuits and judgments, court costs, expenses and reasonable attorney's fees, and all other expenses resulting directly or indirectly from the actions, omissions and activities of you in connection with your use of the Application, or which may be sustained by reason of any act or omission on the part of another person using the Application regardless of your knowledge or consent. You understand that this release, indemnity and hold harmless agreement shall apply whether or not the claims, damages, causes of action of any kind whatsoever, statutory or otherwise, personal injury, including deaths, property damage, lawsuits, judgments, court costs, attorney's fees or any other expense arising directly or indirectly from the negligence of whatever nature, omissions, willful or intentional acts of you or any other person using this Application.
COMPLIANCE WITH LAWS
You agree to comply with all federal, state and local laws, including without limitation all CITY rules, regulations and/or policies governing your use of the Application. You understand and agree that it is your responsibility to ensure your compliance with all federal, state and local laws and that the CITY is not responsible for notifying you of the existence or substance of any such law.
CHOICE OF LAW AND JURISDICTION
The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court.
"In addition to any other relief, the CITY shall be entitled to reasonable attorney's fees and costs in any action arising out of this Agreement."
In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings written or oral agreements between the parties with respect to this subject matter.