Terms of Use: Burning Man API Data

1. INTRODUCTION
Thank you for your interest in creating an application ("Application") for use by participants in the Burning Man community ("Community"). Black Rock City LLC ("Burning Man") has made some Black Rock City and Community related data public for non-commercial use through Burning Man's Application Programming Interface ("API") and data sets ("Data") which are available for download through this website. The Data consists of information already publicly available on Burning Man's website and additional data provided by Theme Camps, artists and others who have opted to have their data made available for your creative efforts. Your use of the Data, however, is subject to these terms of use, including stated principles, which constitute a legal agreement between all users of the Data and Burning Man. This legal agreement is referred to as "Terms of Use" or "Agreement." You and any person or entity that use the Data in an Application shall be referred to as "User."

2. ACCESS KEYS
Some of Burning Man's Data is accessible only with an API access key. To access this Data, you must register for an API key. Burning Man will issue you unique, revocable security keys, tokens, passwords and/or other credentials (collectively, "Keys") for accessing certain Data. You may only access the Data with the Keys issued to you, and you may not solicit another developer's Keys or consumer data. You may not sell, transfer, sublicense or otherwise disclose your Keys to any other party or use them with any other application other than that for which you initially applied. You are responsible for maintaining the secrecy and security of your Keys. You are fully responsible for all activities that occur using your Keys, regardless of whether such activities are undertaken by you or a third party. You are responsible for maintaining up-to-date and accurate registration information (including a current email address and other required contact information) with Burning Man. Burning Man may revoke your Keys if Burning Man believes that you are in violation of these Terms of Use, the spirit of the principles stated in Section 3, or if your registered contact information is not accurate, current and/or you do not respond to communications directed to you. Access to the API and Data may not always be available.

3. STATEMENT OF PRINCIPLES
Burning Man is organized around principles which guide and inspire our event and Community. Burning Man expects users of the Data to create great applications which provide useful services to the Community and reflect positively about Burning Man. User may not sell, lease, assign, sublicense, redistribute or syndicate access to the Data or use the Data in any manner not consistent with these Terms of Use. In addition, User may not use the Data to create or distribute Applications which:

  • Are purchased by end users;
  • Contain or refer to commercial products, services, links, guides, ad networks or commercially linked toolsets, except that User may include a link or content to further User's right of attribution and recognition of User's creative excellence or professional advancement;
  • Contain content which is hateful, threatening, defamatory, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
  • Infringe on the intellectual property rights of others;
  • Fail to inform end users of any geotag or location data disclosed by an Application;
  • Republish Data or other Burning Man content not accessed through the API or tools that Burning Man may provide;
  • Contribute to or associate with any spamming or malware application website URL; and,
  • Use or incorporate images, photographs or references to Burning Man logos or other Burning Man intellectual property such as images of the Man or other Burning Man copyrights, trademarks and trade dress without advance permission from Burning Man. (Permission may be obtained, in Burning Man's sole discretion, by contacting press[at]burningman.com). To prevent confusion, User may not use the words "Burning Man," "Black Rock City" or "Decompression" in the name of an Application.

Burning Man may monitor the use of its API and Data to ensure quality and verify your compliance with these principles. You will not interfere with such monitoring. Burning Man has the right to terminate these Terms of Use and revoke any license, Key or right to use the Data if User violates any of the principles stated in this paragraph or if User breaches any provision of this Agreement. Burning Man will not be liable for any costs, expenses, or damages as a result of any termination of these Terms of Use. Upon termination of these Terms of Use, User will promptly cease accessing and using the Data and will delete all Data, derivative works and all copies and portions thereof in all forms and types of media from User's Application. Paragraphs 3, 7, 8 and 10 shall survive any termination of this Agreement.

4. ACCEPTING THE TERMS OF USE
In order to use any of the Data, User must agree to these Terms of Use. User agrees to the Terms of Use by either: (1) Clicking to accept the Terms of Use; or (2) Downloading or using any of the Data or any derivative work, in which case User understands and agrees that Burning Man will treat your download or use of the Data or a derivative work as an acceptance of the Terms of Use from that point forward. User represents that it has full capacity and authority to accept these Terms of Use and that User is at least 13 years of age. If User is accepting on behalf of an employer or another entity, User represents that it has full authority to bind the employer or such other entity to the Terms of Use.

5. USE OF THE DATA AND INTELLECTUAL PROPERTY RIGHTS
These Terms of Use do not grant User any title or right to any patent, copyright, or other such intellectual property rights that Burning Man or others may have in the Data, and Burning Man retains all title and rights, including copyrights, in the Data and derivative works or enhancements thereof. The Application must acknowledge Burning Man's ownership of the Data. User retains all worldwide right, title and interest, including intellectual property rights, in and to the Application, excluding the Data (and any derivative works or enhancements thereof) and all other Burning Man property. Subject to these Terms of Use, Burning Man grants User a nonexclusive, worldwide, royalty-free license to copy, distribute, create derivative works based on, publicly perform, publicly display and otherwise use the Data in an Application. Without granting User any additional rights, User may cache the Data in order to improve the Application's user experience. But User should make reasonable efforts to keep its Application up to date. User may not create an impression that its Application is endorsed, sponsored or associated with Burning Man, and User's Application must contain the following disclaimer, "This Application is not officially produced or endorsed by Burning Man."

6. SHARING APPLICATION AND CODE
User shall notify Burning Man (innovate[at]burningman.com) of all Applications which use the Data so that Burning Man, in its sole discretion, may publicize the Application to the Community. Consistent with Burning Man's principle of gifting and the "gift economy," Burning Man encourages (but does not require) User to share the Application's source code with the Community in order to improve or enhance User's Application. User can also submit Applications to the Innovation Showcase on innovate.burningman.com. Burning Man encourages User to communicate feedback or comments to Burning Man by contacting innovate[at]burningman.com. Burning Man may use any feedback, comments or suggestions as it sees fit and without any obligation to User.

7. EXCLUSION OF WARRANTIES
The Data contains information and data compiled and processed by Burning Man and third parties. Burning Man makes no representation or warranty that the information contained in the Data is accurate, true or correct. In using the Data, User understands and agrees that the information contained therein is subject to error, and cannot be relied upon without verification or site inspection. User understands and agrees that use of the Data is at User's sole risk. The Data is made available on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Should there be an error, inaccuracy, or other defect in the Data, User assumes the full cost of correcting any such error, inaccuracy or defect. No information, whether oral or written, obtained by User from Burning Man or through or from the Data will create any warranty not expressly stated in these Terms of Use.

8. LIMITATION OF LIABILITY AND INDEMNITY
IN NO EVENT SHALL BURNING MAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNATIVE OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR THE COST OF COMPUTER EQUIPMENT AND SOFTWARE), TO THE FULL EXTENT THAT SUCH MAY BE DISCLAIMED BY LAW, OR FOR ANY CLAIM AGAINST USER BY ANY THIRD PARTY. IN NO EVENT SHALL BURNING MAN BE LIABLE FOR ANY CLAIM, INCLUDING CLAIMS BY THIRD PARTIES, FOR LOSS OR DAMAGES ARISING FROM ERRONEOUS DATA OR INFORMATION CONTAINED IN THE DATA. To the fullest extent permitted by law, User shall indemnify and hold Burning Man, including its affiliates, owners, employees, volunteers and agents, harmless from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, costs, attorney's fees and costs of investigation), that arises from or is connected with, directly or indirectly, in whole or in part, User's Application or User's use of the Data, including without limitation, use of the Data in a derivative work. In addition to User's obligation to indemnify Burning Man, User specifically acknowledges and agrees that User has an immediate and independent obligation to defend Burning Man from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to User by Burning Man and continues at all times thereafter.

9. ACCEPTANCE OF OTHER CONDITIONS
Burning Man may modify these Terms of Use by posting notice of such modifications on this website. Any modification is effective upon posting, unless otherwise indicated. For certain Data, there may be additional terms and conditions that are stated in the file containing such Data or on the page from which such Data is accessed. User understands and agrees that User is bound by such additional terms and conditions.

10. GENERAL PROVISIONS
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, oral and/or written, between the parties relating to the subject matter of the Agreement. No party has relied upon any other promise, representation or warranty, other than those contained in this Agreement. The waiver or failure of either party to exercise any right provided for herein shall not be deemed a waiver of any prior or further right hereunder, and the waiver of any breach or default shall not constitute a waiver of any other right or any subsequent breach or default. The language in all parts of this Agreement shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes, which provide for the language of an agreement to be construed against the drafter. Subject headings have been inserted for convenience and are not intended to reflect any substantive content or meaning. This Agreement is personal to User and User may not assign or subcontract its rights, duties or obligations under this Agreement to any person or entity, unless expressly approved in advance by Burning Man in writing. This Agreement shall bind and be for the benefit of the parties and their heirs, fiduciaries, successors and assigns, subject to the restrictions on assignment set out above. Any dispute regarding the use of the Data or the interpretation of this Agreement shall be resolved, exclusively, in the forum and under the jurisdiction of the state or federal courts located in San Francisco, California, the location where this Agreement is entered, and User consents to the personal jurisdiction of such courts. The court shall apply California law to resolve the dispute, and the prevailing party in any such dispute shall be entitled to recover its reasonable costs, including attorney's fees, from the non-prevailing party. In the event that any provision of this Agreement is held invalid or unenforceable, this Agreement shall remain in effect and the offending provision shall be modified to the extent required to make the provision valid and enforceable.

USER ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS AND AGREES TO THESE TERMS OF USE IN SAN FRANCISCO, CA.