OneView Terms of Use

Effective Date: This Terms of Use was last updated on Nov 17, 2020.

Granicus, Inc., its parents, subsidiaries, affiliates, officers, employees and contractors (hereafter, "GRANICUS") is the developer, owner and operator of OneView, a SaaS software solution for civic engagement and citizen relationship management.

This software is purchased by our customers or partners (hereafter, “Partner Entities”) to provide services (“Services”) to their staff, their citizen constituents and other stakeholders (hereafter, “Users’).

General Acceptance of Terms

These Terms of Use apply to all websites and software applications owned and operated by GRANICUS and to all the other products and services we offer including our API (hereafter collectively "GRANICUS Applications").

More broadly, the use of GRANICUS Applications is governed by these Terms of Use and our Privacy Policy.

By visiting or using the GRANICUS Applications you agree to be bound by these terms. In addition, you understand that the specific method, features and services offered on the GRANICUS Applications may be altered, improved, removed or adapted at any time by GRANICUS in its sole discretion and without notice, subject to other contractual provisions that may be in place with our customers.

Responsibility for Partner Entity Responses to User Submitted Requests

The OneView software is used by representatives of Partner Entities to provide responses to User submitted requests. These representatives are not employees or agents of GRANICUS and GRANICUS does not review or validate any of their responses for validity or accuracy and accepts no responsibility regarding this. Any content generated in and delivered by the GRANICUS Applications, by agents of the Partner Entity are the sole responsibility of the Partner Entity.

Responsibility for Content of User Provided Content

The OneView software is used by citizen constituents to provide information to the Partner Entity. Granicus does not review this information and accepts no responsibility with regards to its content. Any view expressed are those the Users concerned and do not necessarily reflect those of Granicus, its owners, managers, agents, partners, advertisers or affiliates.

Granicus assumes no responsibility for the User Provided Content or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability, competence or completeness of any of the information or advice in the responses to such User Provided Content from the Partner Entities or other Users.

Ownership of Content

User Provided Content is the sole property of Granicus and/or its Partner Entities pursuant to the contract terms in place between those parties, not the originating User.

Users accept without compensation that in using the software they release any claim to ownership rights to the data submitted (including any intellectual property and moral rights). The content owner (Granicus or Partner Entity) may use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content, subject only to constraints that may existing in other contract terms between Granicus and the Partner Entity.

Inappropriate Content

Granicus Applications may not be used to post or submit any content that is

  • an advertisement or other commercial message
  • defamatory
  • abusive, harassing or threatening
  • obscene or sexually oriented
  • invasive of another person's privacy

Upon becoming aware of any such content, Granicus will remove it from the platform.

Users of the Granicus Applications that find inappropriate user-supplied content within Granicus Applications may report it to a representative of either Granicus or the Partner Entity for investigation and removal.

Indemnification

You agree to indemnify and hold Granicus harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Granicus Applications, the violation of this Agreement, or infringement by you of any intellectual property or any other right of any person or entity.

Unauthorized Use or Access

You agree that your use of the Granicus Applications will be limited only to what is contemplated by these Terms of Use, namely providing you with the ability to participate in the Services being offered through the product.

You agree that you will not use Granicus Applications for the purpose of seeking to develop a business to compete with Granicus.

Users must comply with all relevant copyright laws and may not use, copy, distribute, republish, alter, upload, post, or transmit in any way, in whole or in part, any part of the Granicus Applications.

Granicus does not share this information with any third parties except our Partner Entities who are subscribed to our Granicus Applications.

Partner Entities and Users may not directly, or permit any third party to,

  1. alter, modify or create any derivative works of the Granicus Application, the underlying source code, or the Documentation in any way, including without limitation customization, translation or localization;
  2. rent, lease, license, sublicense, encumber, sell, offer for sale, or otherwise transfer rights to the Granicus Application or Documentation, including for timesharing or as a service bureau;
  3. port, reverse compile, reverse assemble, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Granicus Application;
  4. copy, distribute, link, frame, mirror or otherwise make available any portion of the Granicus Application to any third party;
  5. remove or alter any logos, trademarks, links, copyright or other notices, legends or markings from the Granicus Application or Documentation;
  6. attempt to bypass or tamper with the security, availability or other operation of the Granicus Application including without limitation the execution of vulnerability scans, penetration testing, load/stress testing against the system or any use of it’s user interfaces or APIs for any purpose other than as a consumer of the Services offered through the Granicus Application by the Partner Entity;
  7. attempt unauthorized access to the accounts or data of any other Partner Entity or User; or
  8. use the Service for benchmarking purposes or otherwise to analyze its workings and features for competitive purposes or in a manner that imposes unusual demands on the service outside of normal functions and operations.

Disclaimer of Warranties

While Granicus attempts to include accurate information on its websites and operate the Granicus Applications to a high standard of functionality, availability, performance and security, Granicus Applications are provided "as is".

To the fullest extent permissible pursuant to applicable law, Granicus disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. specifically, but without limitation, Granicus does not warrant the information or goods and services found or purchased on this site for timeliness, accuracy, completeness, performance, or fitness for a particular purpose. Granicus does not warrant that the site is error-free in content or in functionality nor that Granicus is free of viruses, worms, spyware, malware, or other malicious or harmful code.

Unless a warranty is expressly stated in these terms & conditions, no other statement, assurance, or information obtained by the user from Granicus shall create a warranty.

Limitation of Liability

Granicus, Inc., its affiliates, any officer, director, employee, subcontractor, agent, successor, or assignee of Granicus or its affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever (including, without limitation, attorney's fees and lost profits or savings) in any way due to, resulting from, or arising in connection with the Granicus Applications, regardless of any negligence on the part of Granicus, including but not limited to those that result from: (i) the use or inability to use the Granicus Applications; (ii) reliance on the information contained in the sites; (iii) Granicus’s support services; (iv) any goods or services purchased or obtained from Granicus; (v) messages, information or responses to service requests; (vi) transactions entered into through Granicus; (vii) interruption, suspension or termination of service; and (viii) unauthorized access to or alteration of user's transmissions or data.

Third Party Websites and Applications

The Granicus Applications contain links to other websites or application operated by third parties. Granicus accepts no liability and provides no warranties with regards to the services provided by such 3rd party websites or applications.

Copyright and Trademark Information

All content included or available on the Granicus Applications, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Granicus and/or third parties protected by intellectual property rights.

All content included or available on the Granicus Applications, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Granicus and/or third parties protected by intellectual property rights.

Any use of materials on the Granicus Applications, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Granicus is strictly prohibited.

OneView©, OneLink©, Granicus©, Mobile City Hall©, and iCityHall© are proprietary marks. Granicus’s trademarks may not be used in connection with any product or service that is not provided by Granicus, in any manner that is likely to cause confusion with Granicus's products or services, or in any manner that disparages or discredits Granicus.

All other trademarks displayed on the Website are the trademarks of their respective owners,and constitute neither an endorsement nor a recommendation of those Third Party Sites. In addition, such use of trademarks or links to any Third Party Sites is not intended to imply, directly or indirectly, that those Third Party Sites endorse or have any affiliation with Granicus.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Granicus designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
  Granicus, Inc.
  912 South Capital of Texas Highway, Suite 180
  Austin, TX, 78746

By Email:
  [email protected]

Arbitration

Unless prohibited by law, you agree that any dispute or controversy arising out of these Terms of Use or your use of Granicus Applications or related Services shall be settled by Arbitration to be held in Austin, TX, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The parties shall each pay one-half of the costs and expenses of such arbitration, and each of the parties shall separately pay counsel fees and expenses.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A.