Developer Site Terms of Use
Welcome to the TransLink Developer website (the "Service" or "Site"). By continuing use of the Service or accessing any materials on the Site, you are deemed to agree to these Terms of Use ("Terms"), as they may be updated or modified by TransLink at any time in its discretion. If you do not agree to them, do not use the Site or download any material or information from it.
1. Linking policy - not a public forum
The Site is not a forum for public communication and debate, but a means for TransLink to provide information relating to TransLink data resources, programs, and projects to the public and its customers. TransLink will make all decisions as to the placement of links to external sites or pages from the Site in its sole discretion. TransLink permits links from other web sites in accordance with the following conditions:
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TransLink's name, trade-marks or official marks nor displayed in any manner that is likely to cause confusion among the public that you are associated or an approved user by TransLink or disparage or discredit TransLink;
- The appearance, position and other attributes of the link may not create the false impression that an organization or entity is sponsored by, affiliated with or associated with TransLink or that views expressed on the website are those of TransLink. TransLink reserves the right to require that the linking website include notice stating that it is an unofficial web site and is not endorsed by, sponsored by or affiliated with TransLink and that any views expressed on the website are not those of TransLink; and
- When selected by a user, the link must display the Site full-screen and not within a frame on the linking website.
2. No guaranteed availablity
TransLink reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that TransLink will not be liable to you for any modification, suspension or discontinuance of the Service.
3. Termination of service to you
You agree that TransLink, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within 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 TransLink will not be liable to you for any termination of your access to the Service.
4. Restrictions on use
All materials published on the Site, including, but not limited to, trademarks, service marks, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, the "Content"), is the property of TransLink unless otherwise indicated. Third-party trade-marks are the property of their respective owners. You may use the Content displayed on the Site. Use of TransLink's web services Application Programming Interface (API) requires registration and is governed by additional terms. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance, is strictly prohibited without the express written consent of TransLink.
5. Web Services API
This section governs your use of TransLink's Web Services API (the "Data"). The Terms are set out under TransLink’s Web API Terms of Use.
6. Copyrights and trademarks
All Content of this Site is the property of TransLink or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of the Content on this Site is the exclusive property of TransLink, and is likewise protected by Canadian and international copyright laws. All trade-marks, official marks and trade names ("Trade-marks") are registered trade-marks owned by TransLink (see below). The Trade-marks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits TransLink. The Trade-marks may not be used in connection with the products or services of others, except for the use of a text link or a TransLink web design mark to link to this site, in accordance with these Terms and TransLink's linking policy. All other trade-marks not owned by TransLink that appear on this Site are the property of their respective owners. NOTE: Need to insert marks here!
7. Disclaimer of warranties and limitation of liability
YOU AGREE THAT THE SERVICE AND DATA ARE PROVIDED TO YOU ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. TransLink does not warrant that the Service or Data will be available at any given time, secure, accurate or free of error. You use the Service and Data at your own risk, and you assume the risk that the Service or Data may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Service may cause loss of data or damage to your computer system. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL TRANSLINK BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF TRANSLINK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES, LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR DATA. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF THE INFORMATION IS FAULTY OR INACCURATE OR OTHERWISE FAILS.
8. Indemnity
You agree to indemnify, defend and hold harmless TransLink and its officers, directors, and employees, from and against all demands, claims, causes of action, suits, actions or proceedings, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service or Data.
9. Severability and waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by TransLink of strict performances of any provision of these Terms will not be a waiver of or prejudice TransLink's right to require strict performance of the same provision in the future or of any other provision of these Terms.
10. Entire agreement
These Terms sets forth the entire agreement between you and TransLink and supersedes all previous discussions, representations and agreements between you and TransLink, whether written or oral, and may be amended only with the written consent of TransLink.