The Spokane Open Data Portal (SODP) is a project led by the Spokane Public Library (SPL) in collaboration with the City of Spokane.
This Data Use Agreement covers the terms and conditions that you must agree to before you access or use the Data on deposit with the SODP. By using the data available on the website portal, you agree to the terms and conditions of your access and your use of the Data on deposit.
Intending to be legally bound, you agree to the following:
1. Effective Date: The effective date of the Agreement is the date of your signature or click through acceptance of these terms, and the terms shall continue to bind you with every subsequent attempt to access or use Data from the SODP.
2. Definitions: “Data” for purposes of this Agreement, shall mean all information of varying formats which has been deposited with the SODP by The City, The County, and other third parties, to make such information available for public access. Data may cover, but is not limited to topics including property ownership, budgets, transportation, education, public safety, public services, and geographic information. Data may consist of, but is not limited to administrative records created by government or other organizations, statistical information designed to improve the function of government and organizations, and information created about government and organizations. The Data on deposit with the SODP is not intended to and should not contain Non-Public Information, as defined below.
“Non-Public Information” for the purposes of this Agreement shall mean information that may not be disclosed to the public for the following reasons:
a. The information is exempt from disclosure or the information is prohibited from being disclosed under State and Federal Laws and regulations, the Health Insurance Portability and Accountability Act (HIPAA), and other applicable privacy laws, and is not releasable to the public;
b. The information is covered by a contractual non-disclosure obligation;
c. The information is covered by confidentiality and fiduciary obligations; or
d. The information is private, proprietary or privileged.
“User” shall mean any individual who seeks access to or uses SODP Data. “Third Party Links” shall mean any website links to other data and data resources provided by the SODP.
3. Grant of Access and Use of SODP Data: Subject to the compliance with the User Terms and Conditions set forth below, SPL hereby grants User permission to access and use the Data from the SODP pursuant to the license terms, restrictions, or designations placed upon the Data by the Data owner and depositor. This grant shall not include permission to use Non-Public Information which is inadvertently deposited in the SODP.
4. User Terms and Conditions: The User is subject to the following terms and conditions with respect to the User’s access and use of SODP Data.
a. User shall accept complete responsibility for its access to and use of the Data derived from the SODP, or any derivatives User makes of the Data.
b. User shall abide by the licensing terms if provided by the data owner and SODP as publisher.
c. User shall abide by the terms and conditions of any Third Party Links when accessing data from the SODP through such Third Party Links.
d. User agrees to immediately notify the SODP Project Manager, Shiloh Deitz, at 509-444-5315 or via email at email@example.com when Non-Public Information is suspected or discovered through User access to the SODP. User agrees to refrain from use of any Non-Public Information inadvertently on deposit and accessible from the SODP.
e. User understands that SPL may, on its own and without notice, remove Data and Third Party Data Links from the SODP.
f. User understands and agrees that there is no obligation for SPL to update or provide customized Data under this Agreement.
g. User shall comply with all Federal, State, and local laws and regulations governing regarding use of the Data and Third Party Data Links.
h. User shall provide feedback, questions, concerns, or comments regarding access or use of Data on deposit with the SODP by contacting the SODP Project Manager, Shiloh Deitz, at 509-444-5315 or firstname.lastname@example.org.
5. Ownership of Data: Ownership of the Data in the SODP and through Third Party Links shall remain and belong to the person or party that created it and/or deposited it in the SODP. Nothing in this Agreement shall be construed as a transfer or assignment of ownership of any data, copyrights, or other intellectual property.
6. Disclaimers/No Warranties/As Is and As Available:
DISCLAIMER. THE SPOKANE PUBLIC LIBRARY AND THE CITY OF SPOKANE HEREBY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF ANY KIND WITH REGARD TO DATA MADE AVAILABLE IN THE SODP AND ACCESSED BY USER THROUGH THE SODP, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE SPECIFIC PURPOSE. THE LIBRARY DOES NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE DATA MADE AVAILABLE THROUGH THE SODP. USER HEREBY ACKNOWLEDGES AND ACCEPTS THE ABOVE DISCLAIMERS AND USES ALL OF THE DATA IN THE SODP AT ITS OWN RISK AND ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7. Indemnification: User agrees to indemnify, release, and hold harmless the Spokane Public Library and The City of Spokane, to include its elected officials, officers, appointees, employees and agents, from any and all liability for claims arising out of my access to and/or use of Data made available through the SODP.
8. Assignability: User agrees that this Agreement may not be assigned by User. This Agreement may be assigned at any time by the Library without prior notice to Licensee.
9. Governing Law, Jurisdiction, and Venue: User agrees that this Agreement shall be construed and enforced according to the laws of the State of Washington and the sole jurisdiction and venue for the resolution of any dispute arising from or relating to the Agreement shall be the state and federal courts located within the County of Spokane, Washington.
Through using this website, the User represents that he/she is over the age of 18 and understands and agrees to the terms and conditions set forth above.