OneBusAway API Service Terms of Use
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Purpose
The OneBusAway API service (the "Service" or the “API”) is made available by OneBusAway and the University of Washington ("OneBusAway") to enable developers to access public transit information and present it to riders in new and interesting ways that are complementary, but not competitive with, OneBusAway's other services. With this in mind, OneBusAway reserves the right to continually review and evaluate all uses of the API. By using the Service, you agree to be bound by the following terms of use ("Terms").
Changes
OneBusAway reserves the right to change or revise these Terms at any time. You are responsible for regularly reviewing these Terms of Use and checking for updates. Your continued use of the Service after the effective date of such changes will constitute acceptance of and agreement to such changes. If you do not wish to be bound to any new terms, you must immediately cease use of the Service.
OneBusAway reserves the right at any time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that OneBusAway will not be liable to you for any modification, suspension or discontinuance of the Service.
Registration
In order to access or use the Service, you must first register for and receive a valid OneBusAway API key. You are only allowed to register for and use one API key per application, unless otherwise permitted by OneBusAway in writing. All requests sent to the Service must reference your valid API key. You agree to keep your API key confidential and not to share it with any third party.
Restrictions
Any web pages, scripts, widgets, applications, or other software that presents data from the Service must include the following legend, prominently displayed: "Public transit data powered by OneBusAway" unless otherwise agreed to by OneBusAway in writing. Other than displaying this legend, you are not authorized to make any use of any proprietary marks of OneBusAway or the University of Washington, including without limitation "OneBusAway", the associated OneBusAway logo, or any similar variant thereof.
You shall not:
- Use the Service in a way that directly replicates existing OneBusAway functionality without providing some substantial additional, complementary functionality;
- Use the Service in a way that is prohibited by any law, regulation or governmental order or decree in any relevant jurisdiction, or that violates any Third Party’s legal rights;
- Use the Service in a way that could harm it or impair any third party’s use of it;
- Use the Service to try to gain unauthorized access to any service, data, account or network by any means;
- Remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Service.
Termination
OneBusAway reserves the right, in its sole discretion, to terminate your access to or use of the Service for any reason, including without limitation our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that OneBusAway will not be liable to you for any termination of your access to the Service. Upon any termination of these Terms of Use, your permission to use the Service is thereby terminated, and you shall promptly delete and remove all calls to the Service from all web pages, scripts, widgets, applications, and other software in your possession or under your control.
WARRANTY
ONEBUSAWAY PROVIDES THIS SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONEBUSAWAY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. ONEBUSAWAY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY
ONEBUSAWAY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, EVEN IF ONEBUSAWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE. UNDER NO CIRCUMSTANCES SHALL ONEBUSAWAY BE LIABLE TO YOU FOR ANY AMOUNT.
Indemnity
You agree that your use of the Service is at your own risk and you agree to indemnify, defend, and hold harmless OneBusAway and the University of Washington, and their officers, affiliates, agents, and employees from and against any and all fines, suits, proceedings, claims, damages, causes of action, demands, liabilities, costs and fees (including reasonable attorneys' fee) of any kind or of any nature arising out of or in connection with your use of the Service.
Assignment
The rights and licenses granted by OneBusAway in these Terms are personal to you and may not be assigned or otherwise transferred without the written consent of OneBusAway. You shall deliver to OneBusAway written notice of the proposed assignment (along with material information about the terms of the assignment and assignee) at least 30 days prior to the effective date of the assignment. Any assignment made in violation of this Article will be void and will, without further act, cause the immediate termination of these Terms. Except as provided above, you shall not assign your interest or delegate your duties under these Terms, unless OneBusAway consents to the assignment, or delegation. Any assignment or delegation attempted to be made in violation of this article will be void. Absent the consent of all OneBusAway, an assignment or delegation will not release the you from your obligations under these Terms.
These Terms will inure to the benefit of you and OneBusAway and their respective permitted assignees and trustees.
Construction
The headings preceding and labeling the sections of these Terms are for the purpose of identification only and will not in any event be employed or used for the purpose of construction or interpretation of any portion of these Terms. As used herein and where necessary, the singular includes the plural and vice versa, and masculine, feminine, and neuter expressions are interchangeable.
Enforceability
If a court of competent jurisdiction adjudges a provision of these Terms unenforceable, invalid, or void, such determination will not impair the enforceability of any of the remaining provisions thereof and the provisions will remain in full force and effect.
Applicable Law
The internal laws of the state of Washington will govern the validity, construction, and enforceability of these Terms, without giving effect to the conflict of laws principles thereof.
Forum Selection
A suit, claim, or other action to enforce these Terms will be brought exclusively in the state and federal courts of King County, Washington. Licensee hereby submits to the jurisdiction of that court and waives any objections it may have to that court asserting jurisdiction over Licensee or its assets and property.
Entire Agreement
These Terms of Use constitute the entire agreement between the parties as to their subject matter, and there are no other conflicting terms, conditions or obligations between the parties relating to the use of the Service.
Last Updated on July 23, 2010
