Open Data Terms of Use


These Terms of Use are intended to protect and promote the City of Gainesville's commitments to open data and ensure that the recipients of these datasets give back to the community the benefits they derive from these datasets. If you have any questions or comments about these Terms of Use, please feel free to contact us at DG_Strategic_Planning@cityofgainesville.org.

Authority

By using data made available through this site, the user agrees to all the conditions stated in the following paragraphs as well as the terms and conditions described under the City of Gainesville Open Data Privacy Policy. THE CITY OF GAINESVILLE MAKES NO REPRESENTATIONS OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR CONTENT OF ANY DATA MADE AVAILABLE THROUGH THIS SITE. THE CITY OF GAINESVILLE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. While the City will take care to refrain from changes to the data format or schemas, there may be an occasional need to change the data format or schema as the data is modified and/or updates or addendums to the data are completed. It is understood that the information contained in the site is being used at one's own risk.

Your Open License to the Datasets

The City of Gainesville (the City) now grants you a worldwide, royalty-free, non-exclusive license to use, modify, and distribute the datasets in all current and future media and formats for any lawful purpose. You now acknowledge that this license does not give you a copyright or other proprietary interest in the datasets. If you distribute or provide access to these datasets to any other person, whether in original or modified form, you agree to include a copy of, or this Uniform Resource Locator (URL) for, these Terms of Use and to ensure any such person agrees to, and is bound by, them but without introducing any further restrictions of any kind.

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 under these Terms of Use. 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, decide that such credit is not in the public interest.

Future Changes to Datasets/Terms of Use

The City may at any time and from time to time add, delete, or change the datasets or these Terms of Use. Notice of changes may or may not be posted on the home page for these datasets or this Terms of Use page. Any change is effective immediately upon posting, unless otherwise stated.

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

You get NO WARRANTIES, none of any kind, in respect to the datasets or your use of them. For example (but without limiting the total intended scope of the preceding sentence):

  1. while reasonable efforts have been made in preparing these datasets for use by you, the City does not give any promises as to the completeness, currency or accuracy of the datasets or that access will be continuous;
  2. the City does not make any promise that the datasets are free and clear of any possible third party copyright, moral rights, other proprietary right or other claim;

Please note that the datasets have been modified from their original source, as data initially generated by the City for its internal uses and that all data visualizations on maps are approximate and include only records that can be mapped. You accept these datasets on an "as is, where is" basis and agree to use them solely at your own risk.

Exclusion of Liability

You agree that 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.

Liability for Not Complying with Terms of Use

If, as a result of your breach of these Terms of Use, the City gets sued or is required to pay someone money, you agree to protect the City and reimburse the City for everything which you cause the City to suffer. This means that you agree to defend, indemnify and hold harmless the City and all of its officers, employees, representatives and agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms of Use, including reasonable legal fees and costs. You agree to cooperate fully in the defense of any such claim. The City reserves the right to assume, at its own expense, the exclusive defense 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

The City may, in its sole discretion, cancel or suspend your access to the datasets without notice and for any reason, including anything which the City, in its sole discretion, believes is a breach of these Terms of Use or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorized to use or reproduce these datasets, and the City may use any means possible to enforce its decision. Such cancellation or suspension will not affect any person who has received the datasets from you and who is otherwise in compliance with these Terms of Use.

Right to Modify and/or Discontinue Feeds

The City of Gainesville reserves the right to modify and/or discontinue providing any or all of the data feeds at any time and to require the termination of any and all displaying, distributing or otherwise using any or all of the data for any reason including, without limitation, violation of any provision of these Terms of Use.

No Endorsement

You may not publicly represent or imply that the City is participating in, or has sponsored, approved or endorsed the manner or purpose of your use or reproduction of the datasets.

No Association

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.

No Waiver

You agree that, if the City does not exercise or enforce any legal right or remedy contained in these Terms of Use (or that the City has the benefit of under any applicable law), this will not be taken to be a formal waiver of the City's rights and that those rights or remedies will still be available to the City. Any waiver of any provision of these Terms of Use will be effective only if the City expressly states in a signed writing that it is waiving a specified provision.

Governing Law and Jurisdiction

These datasets are published from within the City of Gainesville, Florida. These Terms of Use are governed by Florida law and the City and you now irrevocably submit to the exclusive jurisdiction of Florida courts with respect to any and all matters arising under these Terms of Use or access to, or use of, these datasets.

Terms of Use and Moderation Disclaimer

City of Gainesville content and comments containing any of the following forms of information should not contain:

  • Comments not topically related to the particular content
  • Profane language or tone
  • Harassing language or tone
  • Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation
  • Sexual content or links to sexual content
  • Solicitations of commerce
  • Conduct or encouragement of illegal activity
  • Information that may tend to compromise the safety or security of the public or public systems
  • Content that violates an ownership interest of any other party
  • Promotion or opposition of any person campaigning for election to a political office, or promoting or opposing any ballot proposition unless specifically authorized by the agency director
  • Disclosure of information that an agency and its employees must keep confidential by law or administrative rule

Content or comments of this nature found on a dataset will be edited, revised or removed from the site. Only comments that comply with this standard will receive approval by city staff for posting.

Communications made through data.cityofgainesville.org will in no way constitute a legal or official notice to the City of Gainesville or its departments or any official or employee of the City of Gainesville for any purpose.

Use of the data.cityofgainesville.org website constitutes acceptance of this policy. Any information posted here is public information and may be subject to monitoring, moderation or disclosure to third parties.