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TERMS OF USE FOR WEB SERVICE AND API

Introduction

These Terms of Use are intended to outline usage guidelines and requirements for The City of Winnipeg - Winnipeg Transit’s Open Data Web Service (“Web Service”) and its Application Programming Interface (“the API”), as separate from the data obtained via the Web Service. The Terms of Use for data obtained via the Web Service are set out at the end of this document.

If you have any questions or comments about these Terms of Use, please contact Winnipeg Transit at transit-api@winnipeg.ca.

Authority

If you agree to these Terms of Use, indicate your agreement by checking the box labeled “I have read and agree to the terms of use”. If you do not agree to these Terms of Use, an account will not be created for you. You represent that you have full capacity and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or such other entity to the Terms of Use.

Your Open Licence to the Web Service

The City of Winnipeg now grants you a world-wide, royalty-free, non-exclusive, limited, revocable licence to use the Web Service for any lawful purpose. The City of Winnipeg reserves the right to restrict your access to the Web Service by limiting the number of queries that your application(s) can successfully make, in order to prevent abuse of the Web Service.

Future Changes to the Web Service, the API or the Terms of Use

The City of Winnipeg may at any time and from time to time change the queries, responses, and other facets of the Web Service, API, or these Terms of Use. Notice of changes will be posted on the home page for the Web Service, currently api.winnipegtransit.com. Any change is effective immediately upon posting, unless otherwise stated. The City of Winnipeg, in its sole discretion, may elect to provide you with support or modifications for the API, and may terminate such support at any time without notice to you.

Compliance with Law is Your Responsibility

You assume sole responsibility for your use and reproduction of the data obtained from the Web Service and for complying with all applicable laws and industry standards.

No Warranty with Web Service and API

You are provided with NO WARRANTIES, of any kind, in respect to the Web Service and API or your use of it. For example (but without limiting the total intended scope of the preceding sentence): while reasonable efforts have been made in providing this Web Service for use by you, The City of Winnipeg does not give any representations or warranties as to the completeness, currency or accuracy of the data or that access will be continuous. You accept this Web Service on an "as is" basis and agree to use it solely at your own risk.

Exclusion of Liability / Release

You agree that you will not and cannot sue The City of Winnipeg for anything which The City of Winnipeg does or does not do (even if intentional or negligent) in connection with the Web Service and your use or inability to use it. Without limiting the general scope of the preceding sentence, this means that The City of Winnipeg 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 Web Service and API.

Liability for Not Complying with Terms of Use / Indemnity

If, as a result of your breach of these Terms of Use, The City of Winnipeg gets sued or is required to pay someone money, you agree to protect The City of Winnipeg and reimburse The City of Winnipeg for everything which you cause The City of Winnipeg to suffer. This means that you agree to defend, indemnify and hold harmless The City of Winnipeg, which includes Winnipeg Transit, 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 defence of any such claim. The City of Winnipeg 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 of Winnipeg.

Cancellation for Non-Compliance

The City of Winnipeg may, in its sole discretion, cancel or suspend your access to the Web Service without notice and for any reason, including anything which The City of Winnipeg, 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 the Web Service, and The City of Winnipeg may use any rights or remedies available to it at law to enforce its decision.

No Endorsement

You may not publicly represent or imply that Winnipeg Transit or The City of Winnipeg is participating in, or has sponsored, approved or endorsed the manner or purpose of your use of the Web Service and API.

No Association

You are encouraged, but not required, to conspicuously indicate that your application is built on data publicly available from The City of Winnipeg, Winnipeg Transit under these Terms of Use, as follows: “Data provided by permission of Winnipeg Transit, a department of The City of Winnipeg”. You must not use any trade-mark, official mark, official emblem or logo of Winnipeg Transit or The City of Winnipeg, without The City of Winnipeg’s prior written consent. You must not represent or imply an association or affiliation with Winnipeg Transit or The City of Winnipeg, without The City of Winnipeg’s prior written consent.

No Waiver

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

Applicable Law

These Terms of Use shall be interpreted, performed and enforced in accordance with the laws of Manitoba and of Canada, as applicable.

Data Obtained via the Web Service

All of the data obtained via the Web Service is separately licenced under the Public Domain Dedication and Licence (PDDL). You are allowed to freely share, modify and use this data for any legal purpose and without restrictions. For details about the PDDL, please read either the plain language summary or the full licence.