1. LEGAL AGREEMENT
These Terms ("Terms") govern your access to and use of the application programming interface ("API") that is made available on this website if made available by the City and County of San Francisco.s ("City") Office of Short-Term Rentals ("OSTR"), at OSTR's sole discretion (collectively "API") and the data transmitted through the API ("City Content"). These terms constitute a legal agreement between you and the City.
By registering for an Application Key and accessing the API and/or City Content, you represent that you have full capacity and authority to accept and be bound by these Terms.
The City reserves the right to modify these Terms at any time. The most current version of the Terms will supersede all previous versions. Your use of the API and/or City Content after changes are made will constitute your agreement to such changes.
"Application Key" means the confidential security key the City provides to you for your use of the API.
"Application" means the software application, website or other interface that you develop, own or operate to interact with the API.
"Authorized Use" has the meaning defined in Section 3.1.
"City Content" means all of the information regarding Registered Short-Term Rentals accessed via the API. City Content does not include information that you obtain independent of the City.
"Your Users" means end-users of your Application.
"Host Platform" means you and/or Your Users.
"Personal Information" means any information that directly or indirectly identifies a Registered Host that you obtain through your use of the API.
"Registered Host" means the permanent resident of a Registered Short-Term Rental.
"Registered Short-Term Rental" means a short-term rental currently registered by the Registered Host with OSTR and the Treasurer and Tax Collector of the City and County of San Francisco.
3. LICENSE FOR AUTHORIZED USE
3.1. Authorized Use: The City grants you a non-exclusive, non-transferable, and non-sublicensable license to use the API solely for the purpose of verifying Registered Short-Term Rentals, as follow:
a. Enabling your Application to interact with the API;
b. Making copies of City Content only as necessary to verify the registration status of a Short-Term Rental;
c. Displaying City Content consistent with these Terms.
3.2. API Call Limitations. The City reserves the right to limit the number of periodic API calls you are allowed to make. The City may temporarily suspend your access to the API if you exceed API call limits. Attempts to circumvent API call limits may result in termination of these Terms.
In order to access the API, you must first register for and receive a valid Application Key using the link to the registration form here (https://api.sfgov.org). You are allowed to register for and use only one Application Key, unless otherwise permitted by the City in writing, including via email. All queries sent to the API requesting data must reference your valid Application Key. You agree to keep your Application Key confidential and not to share your Application Key with any third party.
Any registration information that you provide to the City must be accurate and up to date, and you must inform the City promptly of any updates. A failure to update registration information may result in suspension and/or termination of your access to the API.
The API is made available to enable you verify Registered Short-Term Rentals.
You acknowledge and agree that the City may monitor your Application in order to confirm compliance with these Terms.
You agree that you will remove from display and destroy any City Content within twenty-four hours upon email or other written request from the City.
You may not use the API to disrupt the API and/or modify City Content or disclose Private Information. For example, you will not:
6.1. Distribute, publish, or allow access or linking to the API and/or City Content from any location or source other than your Application.
6.2. Enable or permit the disclosure of City Content other than as authorized under these Terms.
6.3. Use the API or City Content other than as authorized under these Terms.
6.4. Sell, rent, trade, distribute, or lease (or otherwise commercialize) City Content.
6.5. Collect and use Personal Information of any Registered Host other than as provided in these Terms.
6.6. Modify, decompile, reverse engineer or otherwise alter the API or the City Content.
6.7. Knowingly create an Application that may be used to violate these Terms, or any other applicable laws and regulations.
6.8. Use the API in a manner that exceeds reasonable call limitations, constitutes excessive or abusive usage or otherwise fails to comply with or is inconsistent with any part of these Terms.
6.9. Cache, record, pre-fetch, or otherwise store any portion of City Content for a period longer than twenty-four hours, or attempt or provide a means to execute any "bulk download" operations;
6.10. Use the API in a manner that impacts the stability of the City's servers or impacts the behavior of other applications using the API;
6.11. Have your Application or your use of the API and/or City Content: (i) be false, inaccurate or misleading; (ii) infringe on any third party's copyright, patent, trademark, trade secret, or other property rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance, contract, regulation, or generally accepted practice in all relevant jurisdictions (including without limitation those governing trade and export, financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (iv) be defamatory, trade libelous, threatening, or harassing; (v) contain or distribute any malware or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; or (vi) create liability of any kind for the City.
6.12. Have your Application introduce to the API and/or City Content any third party systems. information that (i) is illegal; (ii) is abusive; (iii) is harmful to the City or Registered Hosts; (iv) creates a security risk or vulnerability; or (v) infringes, misappropriates, or otherwise violates any first or third-party intellectual property rights; or (vi) attempts to do any of the foregoing.
As between you and the City, the API, City Content, and all intellectual property rights contained in the foregoing are and will at all times remain the sole and exclusive property of the City.
Your use of the API may allow you to collect Personal Information about Registered Hosts. You will delete Personal Information when it is no longer necessary for your Application or when your License is terminated. At all times, your Application and your use of the API and/or City Content will comply with all applicable laws, regulations and best practices concerning privacy and data protection.
9. TERM AND TERMINATION
The term of the License shall commence on the date the City accepts your registration for an Application Key and shall continue until terminated by the City. The City reserves the right, acting in its sole discretion, and at any time without notice or liability, to change, suspend or discontinue the API and/or suspend or terminate your rights under the License, upon a determination that you or your authorized users may have violated any of these Terms.
Such change, suspension or termination of the License may cause your existing services using the API to stop functioning properly, with no liability to the City. Upon any termination of the License, you will immediately cease use of the API and promptly delete and remove all calls to the API from your Application; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of any City Content; and you, upon the City's request, will promptly certify in writing to the City that such actions have been taken.
You agree that your use of the API is at your own risk and you agree to hold harmless, defend and indemnify the City, its boards, commissions, officers, and employees from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to your use of the API or any City Content. You will not agree to any settlement that imposes any obligation on the City without the City's prior consent.
THE API AND CITY CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, THE CITY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, AND ANY CITY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, THE CITY DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM THE CITY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THE API IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT THE CITY SHALL HAVE NO LIABILITY ARISING FROM, RELATING TO OR BASED ON YOUR USE OF THE API. IN NO EVENT SHALL THE CITY BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIM WHATSOEVER, INCLUDING FOR LOST PROFITS OR REVENUE, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
You are, and will remain, an independent contractor, and nothing in these Terms will be construed as creating an employer-employee relationship, partnership or joint venture. You do not have any authority of any kind to bind the City in any respect whatsoever.
All Sections will survive any expiration or termination of these Terms for any reason.
The omission by the City to enforce any right reserved to it, or to require performance of any of these Terms, shall not be a waiver of any such right, nor shall it in any way affect the City.s right to enforce these Terms.
All paragraph captions are for reference only and shall not be considered in construing these Terms.
17. ENTIRE AGREEMENT.
This sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions.
18. COMPLIANCE WITH LAWS.
You shall keep yourself fully informed of and comply with the City.s Charter, codes, ordinances and all duly adopted rules and regulations of the City and of all state, and federal laws, in any manner affecting the performance of these Terms, as they may be amended from time to time.
Should any of these Terms be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of all remaining Terms shall not be affected or impaired thereby, and (b) such remaining Terms shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such remaining Terms valid and enforceable.
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