All of the content, documentation, code and related materials made available to users of a City managed API are subject to these terms. Access to or use of an API or its content constitutes acceptance to this Agreement.
You may use a City managed API to develop an application or service to search, display, analyze, retrieve, view and otherwise display City data.
All services which utilize or access a City managed API should display the following notice prominently within the application: "This product uses a City of Philadelphia Data API but is not endorsed or certified by the City of Philadelphia". You may use the City of Philadelphia name or an approved City logo in order to identify the source of API content subject to these rules. You may not use the City name, logo, or the like to imply endorsement of any product, service, or entity, not-for-profit, commercial or otherwise.
You may not modify or falsely represent content accessed through a City managed API and still claim the source is the City of Philadelphia. Such practice will result in the termination of access to the City managed APIs.
Your use of the API may be subject to certain limitations on access, calls, or use as set forth within this Agreement or otherwise provided by the City. If the City reasonably believes that you have attempted to exceed or circumvent reasonable usage limits, your ability to use the API may be permanently or temporarily blocked. The City may monitor your use of its APIs to improve the service or to insure compliance with this Agreement.
If you wish to terminate this Agreement, you may do so by refraining from further use of a City managed API. The City reserves the right (though not the obligation) to (1) refuse to provide access to an API to you, if it is the City's opinion that use violates any City policy, or (2) terminate or deny you access to and use of all or part of an API at any time for any other reason in its sole discretion. All provisions of this Agreement which by their nature should survive termination shall survive termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
The City reserves the right, at its sole discretion, to modify or replace this Agreement, in whole or in part. Your continued use of or access to a City managed API following posting of any changes to this Agreement constitutes acceptance of those modified terms. The City may, in the future, offer new services and/or features through one of its API. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The API is provided "as is" and on an "as-available" basis. The City hereby disclaim all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. The City makes no warranty that the API will be error free or that access thereto will be continuous or uninterrupted.
The City is not responsible for data that is misinterpreted or altered in any way, and users are fully and solely responsible for their use of the data and for any results or consequences of such use.
You hereby stipulate that:
You agree to indemnify and hold harmless the City, its contractors, employees, agents, and the like from and against any and all claims and expenses including attorney's fees, arising out of your use of a City managed API, including but not limited to violation of this Agreement.
Any disputes arising out of this Agreement and access to or use of a City managed API shall be governed, construed and decided in accordance with the laws of the Commonwealth of Pennsylvania.
You agree that any lawsuit, action, claim, or legal proceeding involving, directly or indirectly, any matter arising out of or related to Agreement, or the relationship created or evidenced thereby, shall be brought exclusively in the United States District Court for the Eastern District of Pennsylvania or the Court of Common Pleas of Philadelphia County. It is the express intent of the Parties that jurisdiction over any lawsuit, action, claim, or legal proceeding shall lie exclusively in either of these two forums. You further agree not to raise any objection to any lawsuit, action, claim, or legal proceeding which is brought in either of these two forums. You further agree that service of original process in any such lawsuit, action, claim, or legal proceeding may be duly affected by mailing a copy thereof, by certified mail, postage prepaid to the addresses specified in the Notice section below.
You agree to waive trial by jury in any legal proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract or otherwise) in any way arising out of or related to this Agreement or the relationship created or evidenced hereby.
This Agreement constitutes the entire Agreement between the City and you concerning the subject matter hereof, and may only be modified by the posting of a revised version on this page by the City.
The City’s failure to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.