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Mobile Terms Of Service For Using Dallas 311

1. Acceptance Of Terms

The Mayor and City Council of Dallas ("City") provides the Dallas 311 app for smart phones

("Dallas 311") to you subject to the following Terms of Service ("Terms") which may be

updated or modified by us from time to time without notice to you. In addition, unless explicitly

stated otherwise, any new features that augment or enhance Dallas 311 which are added at a

future time are covered by the Terms. If there is a conflict between the Terms and the additional

terms, the additional terms will control for that conflict.

It is recommended that you look at the Terms regularly. Notice of modifications will be posted

on this page and will not apply retroactively, but will become effective no later than fourteen

(14) days after the date of posting. Changes relating to a new function or for legal reasons will

be effective immediately. You should discontinue use of Dallas 311 should you disagree with

any of the Terms.

You are responsible for obtaining access to Dallas 311; that access may involve third-party fees

(such as Internet service provider or airtime charges). You are responsible for those fees.

You understand that the technical processing and transmission of the Dallas 311 services,

including your reports, may involve (a) transmissions over various networks; and (b) changes to

conform and adapt to technical requirements of connecting networks or devices.

By accessing and using Dallas 311, you accept and agree to be bound by the Terms.

2. Description Of Dallas 311

Dallas 311 provides users with an application to report service issues/requests to the City and

check on the status of those reports. It also provides users the opportunity to share those reports

(type of request, photo and text), if desired, on the application. Further, Dallas 311 allows

constituents the opportunity to view reports submitted by other users who have requested that

particular reports be shared.

3. Your Registration Obligations

If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or

the City has reasonable grounds to suspect that such information is untrue, inaccurate, offensive,

not current or incomplete, the City has the right to do any or all of the following; delete the

information, suspend or terminate your account, and refuse any and all current or future use by

you of the Dallas 311 services (or any portion thereof).

4. City Public Records Policy

Registration data as well as service requests you submit using Dallas 311 are subject to all

applicable City, State and Federal public records laws.

5. Member Conduct

You understand that all information, data, text, photographs, graphics or other materials

("Content"), whether marked by the user as shared or not, are the sole responsibility of the

person from whom such Content originated. This means that you, and not the City, are entirely

responsible for all Content that you submit or otherwise make available via Dallas 311. The City

does not control the Content posted via Dallas 311 and, as such, does not guarantee the accuracy,

integrity or quality of such Content. You understand that by using Dallas 311, you may be

exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the

City be liable in any way for any Content, including, but not limited to, any errors or omissions

in any Content, or any loss or damage of any kind incurred as a result of the use of any Content

submitted or otherwise made available via Dallas 311.

We are under no obligation to enforce this Terms on your behalf against another user. While we

encourage you to let us know if you believe another user violated this Terms, we reserve the

right to investigate and take appropriate action at the City's sole discretion.

You agree to not use Dallas 311 to:

(a) submit Content that is false or inaccurate;

(b) submit Content that does not generally pertain to the designated topic or theme;

(c) submit or otherwise make available any Content that is unlawful, harmful,

threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,

invasive of another's privacy, or otherwise objectionable;

(d) submit or otherwise make available any Content that is hateful or otherwise

objectionable due to its characterization of any person's race, ethnicity, disability,

religion, gender, gender identity, sexual orientation or age.

(e) harm minors in any way;

(f) impersonate any person or entity, or falsely state or otherwise misrepresent your

affiliation with a person or entity;

(g) submit or otherwise make available any Content that you do not have a right to

make available under any law or under contractual or fiduciary relationships (such

as inside information, proprietary and confidential information learned or

disclosed as part of employment relationships or under nondisclosure Terms);

(h) submit or otherwise make available any Content that infringes any patent,

trademark, trade secret, copyright or other proprietary rights ("Rights") of any

party;

(i) submit or otherwise make available any unsolicited or unauthorized advertising,

promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"

or any other form of communication not relevant to specific City service

requests;

(j) submit 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 computer software or hardware or telecommunications

equipment;

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(k) intentionally or unintentionally violate any applicable local, state, national or

international law;

(l) "stalk" or otherwise harass another; or

(m) collect or store personal data about other users in connection with the prohibited

conduct and activities set forth in paragraphs (a) through (I) above.

You acknowledge that the City may or may not pre-screen Content that is shared, but that the

City and its designees shall have the right (but not the obligation) in their sole discretion to prescreen,

refuse, or remove any Content that is available via Dallas 311. Without limiting the

foregoing, the City and its designees shall have the right to remove any Content that violates this

Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks

associated with, the use of any Content, including any reliance on the accuracy, completeness, or

usefulness of such Content.

You acknowledge, consent and agree that the City may access, preserve and disclose your

account information and Content if required to do so by law or in a good faith belief that such

access preservation or disclosure is reasonably necessary to:

(i) comply with legal process;

(ii) enforce this Terms;

(iii) respond to claims that any Content violates the rights of third parties;

(iv) respond to your requests for customer service; and/or

(v) protect the rights, property or personal safety of the City, its users and the public.

You may not attempt to override or circumvent any of the usage rules embedded into Dallas 311.

Any unauthorized reproduction, publication, further distribution or public exhibition of the

materials provided on Dallas 311, in whole or in part, is strictly prohibited.

You may not trace any information of any other Dallas 311 user or visitor or otherwise use

Dallas 311 for the purpose of obtaining information of any other Dallas 311 user.

You may not modify or create derivative works of Dallas 311, decompile or reverse engineer

Dallas 311 or otherwise attempt to create the source code from Dallas 311, or in any way attempt

to, or encourage or assist any other person to, circumvent or modify any security technology or

software that is part of Dallas 311.

You may not attempt to gain unauthorized access to Dallas 311 or the computer systems and

networks connected to Dallas 311 through hacking, password mining, or any other means.

You may not use any robot, spider, search/retrieval application, or other automated device,

process or means to access, retrieve, scrape, or index any portion of Dallas 311 or any City

content. You may not access, retrieve or index any portion of Dallas 311 for purposes of

constructing a searchable database of data collected by Dallas 311.

You may not release the results of any performance or functional evaluation of Dallas 311 to any

third party without prior written approval of the City for each such release.

You may not take any action that imposes, or may impose, in the City's sole discretion, an

unreasonable or disproportionately large load on the City's technology infrastructure or otherwise

make excessive traffic demands of Dallas 311.

6. Interstate Nature Of Communications On Dallas 311

When you use Dallas 311, you acknowledge that in using this application to send reports, you

will be causing communications to be sent potentially through a variety of networks (internet

service provider, wireless phone network, etc.). As a result, even communications that seem to

be intrastate in nature can result in the transmission of interstate communications regardless of

where you are physically located at the time of transmission. Accordingly, you agree that use of

the Dallas 311 may result in interstate data transmissions.

7. Content Submitted On Dallas 311

With respect to Content you submit on Dallas 311, you give the City a worldwide license to use,

distribute, reproduce, modify, adapt, and publicly display such Content for the purposes of

promoting Dallas 311 or any other City-related service. This license continues even if you cease

using Dallas 311 and does not terminate.

8. Submissions To The City

By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to the City

through its suggestion or feedback pages, you acknowledge and agree that:

(a) your Submissions do not contain confidential or proprietary information;

(b) the City is not under any obligation of confidentiality, express or implied, with

respect to the Submissions;

(c) the City shall be entitled to use or disclose (or choose not to use or disclose)

such Submissions for any purpose, in any way, in any media worldwide;

(d) the City may have something similar to the Submissions already under

consideration or in development;

(e) your Submissions automatically become the property of the City without

any obligation of the City to you; and/or

(f) you are not entitled to any compensation or reimbursement of any kind from the

City under any circumstances.

9. Indemnity

You agree to indemnify and hold the City and its subsidiaries, affiliates, officers, agents,

employees, partners and licensors harmless from any claim or demand (including reasonable

attorneys fees) arising out of, relating to or due to:

(a) Content you submit or otherwise make available through Dallas 311;

(b) Your use of Dallas 311;

​(c) Your connection to Dallas 311;

(d) Your violation of this Terms; and/or

(e) Your violation of any Rights of another.

10. No Commercial Reuse Of Dallas 311

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial

purposes, any portion or use of, or access to, Dallas 311.

11. Modifications To Dallas 311

The City reserves the right at any time and from time to time to modify, or discontinue,

temporarily or permanently, Dallas 311 (or any part thereof) with or without notice. You agree

that the City shall not be liable to you or to any third party for any modification, suspension or

discontinuance of the Dallas 311 (or any part thereof).

12. Termination

You agree that the City may, without prior notice, immediately terminate, limit your access to or

suspend your Dallas 311 service. Cause for such termination, limitation of access or suspension

shall include but not be limited to:

(a) breaches or violations of this Terms or other incorporated Terms or guidelines;

(b) requests by law enforcement or other government agencies;

(c) discontinuance or material modification to Dallas 311 (or any part thereof);

(d) unexpected technical or security issues or problems;

(e) extended periods of inactivity; or

(f) engagement by you in fraudulent or illegal activities.

Further, you agree that all terminations, limitations of access and suspensions for cause shall be

made in the City's sole discretion and that the City shall not be liable to you or any third party for

any termination of your account, any associated email address, or access to Dallas 311.

13. Links

The City may provide links to other World Wide Web sites or resources. You acknowledge and

agree that the City is not responsible for the availability of such external sites or resources.

Dallas 311 may facilitate your use of third party services not provided by the City ("Third Party

Services"). The City makes no representations or warranties regarding the performance of such

Third Party Services, their compliance with applicable laws and regulations, or any other aspects

of such Third Party Services. Your use of Third Party Services is at your own risk and you are

solely responsible for complying with all legal and contractual requirements necessary for using

Third Party Services.

14. The City's Proprietary Rights

You acknowledge and agree that Dallas 311 contains proprietary and confidential information

that is owned by the City and protected by applicable intellectual property and other laws. You

will not use such proprietary information in any way whatsoever except for use of Dallas 311 in

compliance with the provisions of this Terms.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF DALLAS 311 IS AT YOUR SOLE RISK. THE APPLICATION

IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CITY

EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE

IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR

A PARTICULAR PURPOSE AND NONINFRINGEMENT

(b) THE CITY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO

WARRANTY THAT:

(i) DALLAS 311 WILL MEET YOUR REQUIREMENTS;

(ii) DALLAS 311 WILL BE UNINTERRUPTED, TIMELY, SECURE OR

ERRORFREE;

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF

DALLAS 311 WILL BE ACCURATE OR RELIABLE;

(iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR

(v) DALLAS 311 WILL BE FREE FROM CORRUPTION, VIRUSES,

HACKING, OR OTHER SECURITY INTRUSION.

15. Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CITY SHALL NOT BE

LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,

DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE

LOSSES RESULTING FROM:

(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE

SERVICES;

(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE

SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,

OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD

PARTIES;

(c) ANY CONTENT OBTAINED FROM THE SERVICES; OR

(d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR

TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY,

CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL

THEORY, WHETHER OR NOT THE CITY HAS BEEN INFORMED OF THE

POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH

HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU EXPRESSLY AGREE THAT THE CITY IS NOT RESPONSIBLE FOR ANY

CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF DALLAS

311 AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE

APPLICATION ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU

OR YOUR LOCATION.

YOU AGREE THAT THE NEGATION OF DAMAGES SET FORTH ABOVE IS A

FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE CITY

AND YOU AND THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED

UPON ALLOCATION OF RISK BETWEEN YOU AND THE CITY. YOU ACKNOWLEDGE

THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY THE CITY

WOULD NOT PROVIDE DALLAS 311 TO YOU.

16. Notice

It is recommended that you look at the Terms regularly. Notice of modifications will be posted

on this page and will not apply retroactively, but will become effective no later than fourteen

(14) days after the date of posting; provided, however, that changes relating to a new function or

for legal reasons will be effective immediately. You should discontinue use of Dallas 311 should

you disagree with any of the Terms.

The City, at its sole option, may additionally provide you with notice of modifications regarding

Dallas 311, including changes to the Terms, via email, SMS, text message, postings on Dallas

311, or any other means now known or hereafter developed. Failure to provide such additional

notice shall not constitute waiver of the modification of the Terms.

17. Minor

You represent that you are 13 years of age or older and, if you are under the age of 18, you either

are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to

accept and agree to be bound by the terms and provisions of the Terms.

If you have agreed to allow your minor child, or a child for whom you are legal guardian

("Minor"), to use Dallas 311, you agree that you shall be solely responsible for: (a) the online

conduct of such Minor, (b) monitoring such Minor's access to and use of Dallas 311, and (3) the

consequences of any use of Dallas 311 by such Minor.

18. Governing Law And Venue

The Terms are governed by the laws of the State of Texas without regard to any conflict of law

provisions. You agree that any claim or dispute with the City relating in any way to your use of

Dallas 311 shall be brought exclusively before a state or federal court sitting in Dallas County

and you irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such

courts.

19. Miscellaneous

These Terms constitutes an agreement between you and the City with respect to your use of

Dallas 311, superseding any prior version of the Terms, which represented the agreement

between you and the City with respect to Dallas 311.

If any provision of these Terms shall be unlawful, void, or unenforceable, then that provision

shall be deemed severed from the Terms and shall not affect the validity or enforceability of the

remaining provisions of the Terms.

The City's failure to assert any right or provision under the Terms shall not constitute a waiver of

such right or provision.

You agree that any cause of action arising out of or related to your use of Dallas 311 must

commence within one year after the cause of action accrues. Otherwise, such cause of action is

permanently barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.​

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