City Forward Terms of Use

Thank you for your interest in City Forward. By accessing and using this website, you agree to abide by these Terms of Use.

The exploration and collaboration tools on City Forward are effective ways to analyze and share information about cities around the world. Remember that these tools are intended for individuals who wish to learn, explore and share but are not intended for commercial use or use for illegal purposes.

We refer to City Forward in these Terms of Use as either “City Forward” or “this Site.” The term “IBM” refers to International Business Machines Corporation and its affiliates.

By accessing and using City Forward, you agree that:

1. You are at least 18 years old and, if you are accepting these Terms of Use on behalf of a company or other entity as well as for yourself, you are authorized to do so. This Site has been created using open authentication technology, which permits you to login using your Google, Yahoo, Facebook, OpenID, Flickr, or Windows Live login information. The site from which your login information is obtained is referred to in these Terms of Use as the “Original Site”. Some profile information from your Original Site will be retrieved by City Forward only for the purpose of populating your City Forward profile. At a minimum, your user name will be captured. You may include, if you so choose, additional information in your City Forward profile. Any profile information retrieved from your Original Site can only be modified on the Original Site. Any other profile information may be modified on this Site at any time. You agree to maintain the security of, and not allow others to use, your login information. You are responsible for your profile and activities on this Site.

2. Your use of City Forward is subject to, and you agree to read and comply with, the City Forward Community Guidelines

3. Definitions: As used herein:

-- the term “IBM-posted City Data” means that third party data gathered from various third party web sites and posted by IBM on City Forward.

-- the term “User Contributed City Data” means that third party data gathered from various third party web sites and posted by users to this website.

-- the term “City Data” means both User Contributed City Data and IBM-posted City

-- the term “User Content” means any information, profiles, personal information, contact data, submissions, ideas, tags, recommendations, text, material, articles, posts, comments, responses, User Contributed City Data and other content that you or any other user of City Forward post on City Forward.

-- the term “Site Content” means all content on this Site other than City Data and User Content.

-- the term “IBM Tools” means the analytics and other software tools available for your use on City Forward.

4. This Site, Site Content and IBM Tools: This Site contains proprietary notices and copyright information, which you must observe and follow. IBM owns City Forward, all Site Content and the IBM Tools. IBM grants you a limited license pursuant to the terms of this Terms of Use to use the IBM Tools on this Site solely for lawful and non-commercial use. You may not reverse engineer or decompile the IBM Tools. IBM also grants you a non-exclusive, non-transferable, limited permission to access and use this Site and Site Content. You may not copy, reproduce, upload, post, modify, transmit, mirror on another site or in any other media, distribute or create derivative works of this Site or Site Content. IBM does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

5. IBM-posted City Data: Rights to IBM-posted City Data are granted to you under the terms of the license granted by the particular third party web site from which the IBM-posted City Data was obtained. If you use IBM-posted City Data, you agree to attribute the work in the manner specified by the owner of such IBM-posted City Data. Some owners of IBM-posted City Data have specific attribution requirements. Such requirements can be found on the owners’ sites. Inclusion of IBM-posted City Data by IBM on this Site does not imply that the third party owner of such IBM-posted City Data has endorsed City Forward, this Site or the IBM Tools.

6. (a) User Content: You are responsible for all User Content that you upload, post, display, submit or otherwise transmit (“post”) to this Site. You agree to only post User Content that you created or developed or that you have specific permission or authorization to post. User Content that you post will be available for use on a global basis by IBM, other participants in City Forward and others who are not participants but who view the User Content on the Internet without royalties or restrictions. IBM, other participants in City Forward and others who are not participants but who view the User Content on the Internet may use User Content, in whole or in part, for any purpose and may create derivative works thereof, and sublicense others to do the same. IBM may, in its sole discretion, for any reason or no reason at all, access, delete, edit or remove any User Content posted on this Site, without permission of or notification to the participant who posted the User Content. IBM may (but is not obligated to) monitor the activities and postings of participants (or be alerted to the same) on this Site for any reason, such as if IBM believes such action is necessary to comply with any law or act in an emergency.
(b) User Contributed City Data: You may only post User Contributed City Data that is not confidential and does not contain personal information. Only City Data about cities and city systems may be posted to City Forward. For example, the data must be at the city-level or at a smaller geography, such as a neighborhood; it must span multiple years, and cover subjects such as education, healthcare, employment, transportation, housing, economics, or similar subjects. Rights to User Contributed City Data are granted to you under the terms of the license granted by the particular third party web site from which the User Contributed City Data was obtained. If you use User Contributed City Data, you agree to attribute the work in the manner specified by the owner of such User Contributed City Data. Some owners of User Contributed City Data have specific attribution requirements. Such requirements can be found on the owners’ sites. Inclusion of User Contributed City Data by IBM on this Site does not imply that the third party owner of such User Contributed City Data has endorsed City Forward, this Site or the IBM Tools.

7. Site Output: On this Site, participants will be able to use the IBM Tools to generate reports and explorations of City Data. Such reports and explorations created through use of the IBM Tools is referred to as “Site Output” in these Terms of Use. IBM, other participants in City Forward and others who are not participants but who view the Site Output on the Internet may use Site Output, in whole or in part, for any purpose and may create derivative works thereof and may sublicense others to do the same. IBM may, in its sole discretion, for any reason or no reason at all, access, delete, edit or remove any Site Output posted on this Site, without permission of or notification to the participant who posted the Site Output. Site Output contains City Data, and, therefore, your rights to the Site Output are subject to your rights to the City Data granted to you under the terms of the license granted by the particular third party web site from which the City Data was obtained and these Terms of Use. If you use Site Output that includes City Data, you agree to attribute the work in the manner specified by the owner of such content. Some owners of City Data have specific attribution requirements. Such requirements can be found on the owners’ sites. You may only use Site Output for lawful and non-commercial use.

8. The City Forward privacy policy shall apply to your profile information. It shall not apply to User Content that you post.

9. You may remove the Site Output which you created and cease being a participant in City Forward at any time. If you remove your Site Output, your Site Output will no longer be displayed on the City Forward platform; however your comments or replies in the community discussions section of the Site may still be available. User Content, once posted by a participant, cannot be removed or deleted by that participant.

10. Should you breach this Terms of Use or post inappropriate material on the Site, IBM has the right to block you as a user. If you are blocked as a user to the Site, you will not be able to log in to the Site.

11. IBM IS NOT RESPONSIBLE FOR CITY DATA, USER CONTENT, SITE OUTPUT OR THE ACCURACY OF ANY CITY DATA, USER CONTENT OR SITE OUTPUT POSTED TO, OR GENERATED THROUGH, THIS SITE. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT THEY POST. CITY DATA, USER CONTENT AND SITE OUTPUT DO NOT REPRESENT THE VIEWS OR OPINIONS OF IBM. IBM DOES NOT GUARANTEE THAT ANY CITY DATA, USER CONTENT OR SITE OUTPUT IS CORRECT OR ACCURATE AND IBM DOES NOT ENDORSE ANY SITE CONTENT, USER CONTENT OR SITE OUTPUT.

12. USE OF THIS SITE IS AT YOUR SOLE RISK. CITY FORWARD, IBM TOOLS AND SITE CONTENT, INCLUDING ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, SERVICES AND PROGRAMS PROVIDED ON THIS SITE, ARE PROVIDED BY IBM "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CITY DATA IS MADE AVAILABLE ON THIS SITE BY IBM "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. IBM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. IBM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES (INCLUDING CITY DATA, SITE OUTPUT AND USER CONTENT), YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. IF YOU SUFFER ANY HARM OR LOSSES AS A RESULT OF YOUR USE OF THIS SITE, YOU MAY CEASE BEING A PARTICIPANT IN CITY FORWARD, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH HARM OR LOSSES. IN NO EVENT WILL IBM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES (INCLUDING IBM TOOLS, SITE OUTPUT, USER CONTENT OR CITY DATA), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF IBM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

14. IBM may, at any time, modify, change, discontinue or terminate City Forward, in whole or in part.

15. You agree to indemnify IBM and its affiliates and their respective directors, officers, agents, contractors and employees from and against losses, claims, costs and expenses, including attorney’s fees, arising out of or relating to (i) your User Content (including User Contributed City Data) or Site Output, (ii) your violation of these Terms of Use, violation of the terms and conditions relating to City Data as specified by the owners of such data or violation of applicable law and (iii) your activities on this Site, including use of the IBM Tools.

16. IBM is not responsible for the privacy practices or content (including City Data) of any sites linked to from this Site (including sites from which City Data has been gathered).

17. IBM may change the Terms of Use at any time. IBM will give notice of material changes to these Terms of Use by posting a notice outlining such changes on this Site for thirty days. Your continued use of this Site after changes are made will constitute your acceptance of any changed or new terms. If you do not accept such changed or new terms, you may terminate this agreement as provided in Section 19 below.

18. From time to time, IBM may add specialized sections or areas of this Site (such as those targeting specific topics for discussion or specific participants) or may offer for download software or other materials, for which additional terms and conditions may be applicable. Prior to your participation in such specialized sections or areas or your download of such materials, your acceptance of such additional terms and conditions may be required.

19. You may terminate this agreement with IBM at any time by providing written notice to IBM in accordance with Section 24 below. IBM may, for any reason (such as violation of these Terms of Use or the City Forward Community Guidelines) or no reason at all, terminate this agreement with you with or without notice. Upon termination, your User Content will no longer be displayed on the City Forward platform and you will no longer be able to access City Forward, but IBM may, if it so chooses, archive and retain copies of your User Content and/or Site Output. In addition, IBM may continue to use User Content and Site Output as provided in Sections 6, 7 and 9 above.

20. You agree to comply with all applicable export (and re-export) and import laws, regulations, orders, and policies, including the Export Administration Regulations, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Asset Control and the International Traffic in Arms Regulations maintained by the Department of State.

21. IBM will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to IBM’s Digital Millennium Copyright Act Notices located at http://www.ibm.com/legal/us/en/dmca.html. IBM will terminate without notice participants who are “repeat infringers” of copyrights.

22. These Terms of Use will be governed by the substantive laws of the State of New York. Any proceedings to resolve disputes relating to the Terms of Use shall be brought in a U.S. Federal Court in the State of New York. Participants expressly waive the right to trial by jury in any matter which arises under these Terms of Use.

23. If any provision of these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected. These Terms of Use (and the documents referred to in these Terms of Use) constitute the entire agreement between you and IBM with respect to your use of this Site.

24. IBM may give you notice by posting on this Site or by email to you if your user profile contains an email address. You may give notice to IBM by emailing cityforward@us.ibm.com.

Dated: June 13, 2012

Acceptance of the Terms of Use

By accessing and using this Site, you are confirming that you have read and agree to these Terms of Use and the City Forward Community Guidelines. You will not be able to login to this Site without clicking the acceptance checkbox to indicate your acceptance of these Terms of Use.