Terms of Service for Burning Man APIs and Datasets

Thank you very much for your interest in creating an application for use by participants attending the Burning Man event. Black Rock City LLC (“BRC”) makes some event-related APIs and datasets (collectively the “Event Data”) available for use by community developers. The Event Data represent information already publicly available on Burning Man websites, along with additional data provided by Burning Man theme camps, artists, and other participants who have opted to have their data made available for your innovative efforts. By accessing the Event Data, you agree to the following Terms of Service Agreement (“Agreement”).

This Agreement sets out legally binding terms governing your use of the Event Data. These terms may be modified by BRC at any time and without prior notice. Such modifications are effective upon publication by BRC. You can always review the most current version of the Terms of Service at http://innovate.burningman.org/terms-of-service-for-burning-man-apis-and-datasets/.

  1. Eligibility. You must be age thirteen or over to access or request access to the Event Data. Use of the Event Data is void where prohibited. By accessing or requesting access to the Event Data, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and you agree to abide by all of the terms and conditions of this Agreement.
  1. Use of Event Data.
    1. You may use the Event Data in connection with a noncommercial website or software application (“App”), developed by you and aimed at providing useful services to the Burning Man community, only in accordance with the terms of this Agreement, the Burning Man Privacy Policy, the Ten Principles of Burning Man, and the Keys assigned to you by BRC (as described in Section 5). Examples of useful services include without limitation Burning Man event listings, artwork listings, rideshares, a Burner glossary, and driving directions to the event.
    2. You agree that your App will not include any obscene or adult content or references to illegal activities, and will reflect positively on Burning Man, Burning Man-related entities, and the Burning Man community.
    3. If you develop a mobile App, you agree to notify your users during the installation process about any permissions your App is seeking, including without limitation location data or camera access.
  1. No Commercial Use.
    1. You agree not to use the Event Data for advertising or any other commercial or promotional purpose, including without limitation the creation of commercial products, product guides, or tools, or the promotion of events or activities outside the Burning Man event.
    2. In keeping with Burning Man’s Gifting Principle, you agree that your App will be made available to participants and other interested users free of charge.
  1. Disclaimer. You agree to include the following disclaimer in a prominent location in your App and on any webpage on which your App may be downloaded: “This app is not affiliated with or endorsed by Burning Man Project or Black Rock City LLC.”
  1. API Key Policies.
    1. Some of the Event Data is accessible only with an API access key. To access this Event Data, you must register for an API key. BRC will issue you unique, revocable security keys, tokens, passwords and/or other credentials (collectively, “Keys”) for accessing certain Data. You may only access the Event 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.
    2. You agree to provide true, accurate, current and complete information about yourself as prompted by the API Key registration form. You are responsible for maintaining up-to-date and accurate registration information (including a current email address and other required contact information) with BRC. If you provide any information that is untrue, inaccurate, not current or incomplete; if BRC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or that you are otherwise in violation of this Agreement; or if you do not respond to communications directed to you by BRC, BRC has the right to revoke your Keys and refuse any and all current or future use of Event Data (or any portion thereof).
    3. BRC may also revoke your Keys if you fail to inform end users of any geotag or location data disclosed by your App, or if you republish Event Data or other Burning Man content not accessed through the API or tools that BRC may provide.
    4. Access to the API and Event Data may not always be available. BRC may monitor the use of its API and Event Data to ensure quality and verify your compliance. You agree that you will not interfere with such monitoring.
  1. Confidentiality.
    1. You agree that you will not disclose Your Keys to any third party except your responsible employees or agent using such information solely on your behalf in accordance with this Agreement and under a written duty of confidentiality.
    2. BRC will make the locations of theme camps and art installations at the Burning Man event (“Location Data”) available to App developers who have requested and received Keys on the Monday before the first day of the event each year. You agree that you will not make the Location Data available to users of your App until the time that the Gate officially opens on the first day of the Burning Man event. Until such time, the Location Data shall be BRC’s confidential information (“Confidential Information”). You agree to hold the Confidential Information in strict confidence and not to disclose it to any third parties or use it for any purpose except as permitted under this Agreement. Confidential Information shall not include any information which: (a) becomes publicly known through no breach or wrongful act by you; (b) is rightfully received by you from a third party who has a lawful right to disclose it; (c) is independently developed by you; or (d) is required to be disclosed by law or a governmental authority.
  1. Intellectual Property and App Names.
    1. You acknowledge that “Burning Man,” “Black Rock City,” “Decompression,” and the Burning Man logo/symbol are registered trademarks owned by Decommodification, LLC and licensed to BRC, and that the Burning Man sculpture, Black Rock City map, and Ten Principles are registered copyrights owned by Burning Man Project and licensed to BRC (such trademarks and copyrights collectively, the “Burning Man Intellectual Property”).
    2. You agree that you will not use the terms “Burning Man,” “Black Rock City,” “Decompression,” or “Playa Events” in the name of your App. You further agree that you will not use images or drawings of the Burning Man sculpture or logo/symbol or any imagery obtained at a Burning Man event in connection with your App unless you obtain advance written permission from BRC by contacting ip@burningman.org. More information on the use of Burning Man intellectual property and imagery is available here.
    3. Except as otherwise provided herein, BRC grants you a limited, nonexclusive, revocable license to use the Burning Man Intellectual Property solely in connection with an App developed by you and in accordance with the terms of this Agreement. Goodwill in the Burning Man Intellectual Property will inure only to the benefit of BRC and its affiliates, and you obtain no rights with respect to any it. You irrevocably assign to BRC any right, title, or interest you obtain in any of Burning Man’s Intellectual Property. You shall not at any time challenge or assist others in challenging Burning Man’s Intellectual Property or the registration thereof (except to the extent you cannot give up that right by law) or attempt to register any trademarks or trade names confusingly similar to the Burning Man Intellectual Property.
  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE EVENT DATA IS AT YOUR SOLE RISK. THE EVENT DATA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR MERCHANTABILITY, FITNESS FOR ANY PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT BRC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER THIS AGREEMENT.
  1. Term and Termination. Any licenses contained in this Agreement will automatically terminate without notice if you fail to comply with any provision of this Agreement. You agree that BRC may terminate this Agreement or discontinue your access to the Event Data or any portion thereof for any or no reason and at any time. Any termination or discontinuation shall be in BRC’s sole discretion and without liability to you or any third party. Upon any termination or notice of discontinuation, you shall immediately stop using the Event Data and delete all Event Data in your possession or control. Sections 6-8 and 10-12 shall survive any termination or expiration of this Agreement.
  1. Release and Indemnification. You release and covenant not to sue BRC and its affiliates and any of their officers, directors, employees, volunteers, contractors, funders, representatives, or agents (collectively, “Releasees”) from all claims and liability, known and unknown, and for any loss or damage of any sort arising out of or relating to your use of, reliance on, or reference to the Event Data. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. You expressly agree the release and waiver herein are intended to be as broad and as inclusive as permitted by governing law. You shall indemnify, defend, and hold Releasees harmless from and against any claim, loss, liability, demand, damage, or judgment, including reasonable attorneys’ fees and costs, made by any party arising out of or relating to your use of the Event Data in violation of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
  1. Dispute Resolution and Governing Law. This Agreement and the relationship between the parties shall be governed and construed in accordance with the laws of the State of California except with regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement that cannot be resolved by meeting and conferring among themselves will be litigated exclusively in the federal or state courts located in San Francisco, California, and both parties consent to the personal jurisdiction of those courts.
  1. Miscellaneous. 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 herein. This Agreement may not be modified or altered except by written instrument signed by both parties. 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. Your rights, duties, and obligations under this Agreement may not be assigned or subcontracted to any person or entity, unless expressly approved in advance by BRC in writing. If any provision of this Agreement is held invalid or unenforceable, the provision will be modified to reflect the parties’ intention and the remainder of this Agreement shall remain in full effect. Subject headings have been inserted for convenience only have no legal or contractual effect. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and BRC.