Terms of Use

 

Introduction

 

Please note that by accessing the datasets, you agree to these Terms of Use, which are intended to protect and promote the City'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 opendata@ottawa.ca.

 

Your Open Licence to the Datasets

 

The City of Ottawa (City) now grants you a world-wide, royalty-free, non-exclusive licence to use, modify, and distribute the datasets in all current and future media and formats for any lawful purpose. You now acknowledge that this licence 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 they agree to and are 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 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 be posted on the home page for these datasets or this 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 complying with all applicable laws and industry standards.

 

No Warranty with Datasets

 

You get NO WARRANTIES, none of any kind, with respect to the datasets and your use of them.  By this, we mean, for example (but without limiting the total intended scope of the preceding sentence), that (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, or other claim, (3) the datasets have been modified from their original source, as data was initially generated by the City for its internal uses, and (4) 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 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 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.

 

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 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 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

 

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.

 

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 these datasets.

 

No Association

 

You may not use any trade-mark, official mark, official emblem or logo, of the City, or any of its other references or 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 From Which DataSets Are Published

 

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