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Citysense Terms of Use and Privacy Policy
Effective date: June 2, 2008

Summary of Terms

ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS OF USE CAREFULLY. BY INSTALLING THE CITYSENSE MOBILE DEVICE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS BELOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE CLICK THE "I DO NOT ACCEPT" BUTTON. BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS AS WELL AS THE TERMS AND CONDITIONS OF THE CITYSENSE™ PRIVACY POLICY BELOW.

Sense Networks, Inc. ("Sense Networks" or "We") reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Persons who download this application (‘you") thus should visit Citysense.com ("Citysense.com" or the "Downloading Site"), or our related website Sensenetworks.com, periodically for changes.

Citysense.com is continually under development and changes in Citysense.com may be made at any time. Any changes to these Terms are effective upon posting to Citysense.com. If you disagree with the revised Terms, your sole remedy is to discontinue your use of the Citysense™ mobile device application software ("Citysense™ Application"). Your continued use after a change has been posted constitutes your acceptance of those changes.

OUR SERVICE
The Citysense™ Application is owned and licensed to you by Sense Networks. The Citysense™ Application was built to collect and map patterns of movement throughout urban areas (collectively, the "Services"). This program runs continuously in the background of your mobile device, collecting global positioning data ("GPS" or collectively "location data") as you move throughout the city. By collecting location information from thousands of users, the Citysense™ Application can show you the busiest hotspots in the city as well as what spots have unusually high activity. By clicking on these hotspots, you can view activity statistics and link to third party websites to search for local reviews, or to upload multimedia and messages. Please note that although Sense Networks does not charge a fee for use of these Services, data usage fees may be incurred with your mobile device service provider. Please contact your service provider with regards to fee information.

DATA PROTECTION POLICY
The Citysense™ Application does not collect personally identifying information such as your name, telephone number or e-mail address. Location data from your mobile device is collected and then aggregated together with all other Citysense™ Application users. That is, we do not and will not track an individual person. An individual's location information is simply collected together with all other users in order to create a hotspot map for our users and commercial clients.

Sense Networks was founded on the core belief that people should easily own and control their data. Therefore, if you are not happy with the way we use your data, you can have the data removed…all of it. Everything we do is opt-in, and we not only clearly explain this to you in plain language, but we will remind you on a regular basis that you have the option to opt-out.

As a general matter, we believe there is tremendous value in combining massive amounts of anonymous data to promote the Common Good. Aggregate and anonymous location data can dramatically improve society. Patterns of how people move around can be used for early identification of infectious disease outbreaks, protection of the environment, and public safety. It can also help measure the effectiveness of various government programs, and improve the transparency and accountability of government and non-profit organizations. Understanding patterns in how people move around can also ensure citywide efficiency by helping to organize everything from bus routes to the location of coffee shops. Further detail regarding our privacy practices can be found in our Privacy Policy below.

GRANT OF LICENSE
The Citysense™ Application software is owned by Sense Networks and is protected by copyright and other intellectual property laws and treaties. Sense Networks grants you a limited, revocable, nonexclusive, nontransferable license to use the Citysense™ Application conditioned upon your continued compliance with these Terms of Use and as amended from time to time.

PROHIBITED ACTIVITIES
You may not sell or redistribute the Citysense™ Application. You may not incorporate it or any portion of it into another product. You may use the Citysense™ Application only for your personal use. You may not reproduce, republish, post, modify, copy, alter, distribute, sell, resell, transmit, transfer, decompile, license, assign or publish, in any way, any aggregate statistics or content obtained through the Citysense™ Application.

You may not reverse engineer, decompile or disassemble the Citysense™ Application or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Citysense™ Application in any way or remove proprietary notices in the Citysense™ Application. You may access the Citysense™ Services only through the application software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Citysense™ Application software and Services. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may offer occasional updates through Citysense.com to improve the performance and capability of the Citysense™ Application software. We will alert you of available updates by way of notices within the program itself. We will not call, e-mail or text your mobile device with this information. All information transmitted from your device is encrypted to remove any identifying information. This encrypted information is, in turn, related only to a particular installation of the Citysense™ Application, not to a particular device.
You may not use the Citysense™ Application at any time for any purpose that is unlawful or prohibited. By clicking "I AGREE" you agree to comply with these Terms and with any applicable local, state, or national laws when using the Citysense™ Application. In using the Citysense™ Application, you also agree not to restrict, discourage, or inhibit any person from using the Citysense™ Application or assist any persons in engaging in any of the activities described above.

You are using the Citysense™ Application software and services AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements, although we reserve the right to do so.

OUR INTELLECTUAL PROPERTY RIGHTS
The content on the Citysense™ Application, Citysense.com and our affiliated site, Sensenetworks.com, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively "Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sense Networks, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

LINKS TO OTHER WEBSITES
As you view Citysense.com, Sensenetworks.com or use the Citysense™ Application, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave Citysense.com, Sensenetworks.com or the Citysense™ Application. Certain of these linked websites may make use of Sense Networks proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Sense Networks. Sense Networks is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Sense Networks of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

SECURITY
You are prohibited from violating, or attempting to violate, the security of the Citysense™ Application software, Citysense.com, or Sensenetworks.com. Any such violations may result in criminal and/or civil penalties against you. Sense Networks will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

JURISDICTIONAL ISSUES
Unless otherwise specified, the Citysense™ Application is offered solely to collect location data and to provide the Services. This application is controlled and operated by Sense Networks from its offices within the United States of America. Sense Networks makes no representation that the Citysense™ Application is appropriate or available for use in other locations. Those who choose to access Citysense.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to Citysense.com from jurisdictions where the contents of this site are illegal or penalized is prohibited.

VIOLATION OF TERMS OF USE
Sense Networks may terminate your use of the Citysense™ Services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must uninstall the Citysense™ Application obtained from Citysense.com and all copies thereof. The provisions of these Terms concerning security, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

DISCLAIMER
THE CITYSENSE APPLICATION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SENSE NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SENSE NETWORKS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SENSE NETWORKS BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (1) THE USE OF THE CITYSENSE™ APPLICATION; (2) THE INABILITY TO USE THE CITYSENSE™ APPLICATION; (3) MISUSE OF THE CITYSENSE™ APPLICATION OR 4) THE LOSS OF, OR DAMAGE TO YOUR MOBILE DEVICE FOR ANY REASON, EVEN IF SENSE NETWORKS OR A SENSE NETWORKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY
You agree to indemnify, defend and hold Sense Networks and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with the Citysense™ Application.

CHILDREN
This application is not intended for children under the age of 13. If you are under 13 years of age, you may not download this application at any time or in any manner. By clicking the "I AGREE" button, you affirm that you are over the age of 13. Sense Networks does not collect personal information from or about any users.

OTHER
If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to contact@citysense.com. We will endeavor to respond to you promptly.

PRIVACY POLICY
Use of the Citysense™ Application and Citysense.com is also governed by Sense Networks' Privacy Policy set forth below and also available at Sensenetworks.com and in the footer of Citysense.com.
The following sets forth our privacy practices and policies ("Privacy Policy"). That is, what information about you we collect, how that information is used, maintained, and shared.

The Citysense™ Application collects location data transmitted from your mobile device. By downloading the Citysense™ Application, you acknowledge that you have read and understood this Privacy Policy and you agree to be bound by these terms and conditions. As described in greater detail below, we will store and use location data from your mobile device which we will aggregate with location data from other users to use for our Citysense™ Application. We will share and sell non-personal, aggregate location data to unaffiliated third parties. Such information does not identify you individually, but is used to provide general demographics or statistics regarding movement patterns in the city in which you are located.

INFORMATION COLLECTED ABOUT YOU AND OUR USE OF SUCH INFORMATION
The following describes the types of personal and other information we may collect about you through the Citysense™ Application, Citysense.com and our related website, Sensenetworks.com, and how we use and maintain that information.

Individual User Information
You may download and use the Citysense™ Application and visit Citysense.com without revealing any personal information such as your name, address, e-mail or telephone number. Global position and technology related information, however, will be collected from your device as long as the application is running. All information transmitted from your device is encrypted to remove any identifying information. This encrypted information is, in turn, related only to a particular installation of the Citysense™ Application, not to a particular device.
Likewise, you may visit our related website, Sensenetworks.com and access information while not revealing any individual user information other than technology related information. When contacting Sense Networks, however, either by e-mail or by phone, we may retain any data you provide to us for the purpose of tracking the types of questions we receive. In addition, we may use this information to send you periodic publications or news associated with Sense Networks or promotional materials about Sense Networks, unless you inform us that you opt out from receiving such communications via email. Note that we will not send you promotional materials or communications by text messaging or by phone.
To the extent that you provide us with personal information, Sense Networks wishes to maintain accurate personal information. When we collect personal information from you, our goal is to provide a means of contacting Sense Networks should you need to update or correct that information. If for any reason those means are unavailable or inaccessible, you may send updates and corrections about your personal information to contact@citysense.com and we will make reasonable efforts to incorporate the changes in your personal information that we hold as soon as practicable.

Note that you may choose whether or not to provide personal information to Sense Networks. If you choose not to provide the personal information requested, you can still visit Citysense.com, Sensenetworks.com and use the Citysense™ Application but you may be unable to access certain options, offers and services that involve our interaction with you.

Individual Usage Information
As stated above, once you download the Citysense™ Application, we will collect and store global positioning data that is generated automatically from your mobile device as you travel through the city in which you are located. This data will be continuously collected so long as your mobile device is turned on. Please note that the Citysense™ Application will continue to run as a background application unless you quit the application software or power off the device.

Our related website, Sensenetworks.com, employs browser cookies to store users' preferences and record session information. "Cookies" are bits of information that are stored by your browser on your hard drive. This technology allows for the storage of user preferences and the delivery of content (including third-party content) that is specific to your interests. You can turn off the "cookie" function through most standard browsers. However, some features of Sensenetworks.com may not function properly if the ability to accept cookies is disabled.
In addition, when you browse Citysense.com or Sensenetworks.com our system automatically collects information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed, and the order of these pages, videos watched, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. This information is used to analyze trends, administer the website, improve the design of our website, track user movement, and otherwise enhance the services we provide. Likewise, when you use the Citysense™ Application, our system will automatically collect information such as areas viewed, frequency viewed, the amount of time spent on viewing, and the date and time of your request. This information will be used to analyze trends and improve the Citysense™ Application.

If you visit Citysense.com or Sensenetworks.com, we may also use "clear GIFs" (a.k.a. Web Beacons; invisible images often referred to as pixel tags or clear GIFs) to recognize users and access traffic patterns. Additionally, we may use clear GIFs in HTML based emails to track which emails are opened by recipients. We may tie information collected from clear GIFs to personally identifiable information.

WHEN YOUR INFORMATION WILL BE SHARED OR DISCLOSED
We may share non-personally identifiable, aggregate location data to other parties. If you do not wish to have your location data shared, you have the right to recall and remove all location data that we have collected from your use of the Citysense™ Application.

As stated in our Terms of Use, you have a right to delete your data from the system. You can opt-out of this data collection and receive your data by sending a request to Sense Networks through the Citysense™ Application itself.

We will not share your personally identifiable information (such as name or email address) with unaffiliated companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

We will comply with any subpoenas, court orders or other legal processes for any of the information about you in our possession, and we may use such information to establish or exercise our legal rights, or to defend against legal claims. We reserve the right to disclose information about you, including data on which pages you have visited, to third parties if we feel it is necessary to protect the security of our systems, Application, sites, business, users or others.
Information about you in our possession may also be disclosed as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of insolvency, bankruptcy, or receivership in which your personal information would be transferred as one of the business assets of the company. Sense Networks does not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this Privacy Policy.

DATA SECURITY
Whenever Sense Networks handles information that you enter on Sensenetworks.com or that we receive from the Citysense™ Application, regardless of where this occurs, we take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Sense Networks uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information during transmission to us, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems but we do not accept liability for unintentional disclosure.

CHILDREN'S PRIVACY
If you are under the age of 13, you may not use the Citysense™ Application or access Citysense.com or Sensenetworks.com in any way. We will not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases.

OTHER WEBSITES
For your convenience, the Citysense™ Application allows you to link to other websites. You may also be referred to other websites in the future, including websites administered by Sense Networks or administered by other companies on behalf of Sense Networks, as well as to websites unrelated to Sense Networks. This Privacy Policy does not apply to any linked websites. Each website should be checked for its own privacy policy.

CHANGES TO THIS POLICY
Sense Networks may update this Privacy Policy from time to time. In the event that Sense Networks merges with, or is acquired by another company, a change to this Privacy Policy may result. Whenever a change to this Privacy Policy is significant, we will place a prominent notice on Citysense.com, Sensenetworks.com and will send a notice through the Citysense™ Application.

GOVERNING LAW
Citysense.com and Sensenetworks.com are hosted within the United States and are intended for and directed to users in the United States. By choosing to use the Citysense™ Application or otherwise provide information to Sense Networks, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of California. If you are a user accessing Citysense™ Application from any region with regulations or laws governing personal data collection, use and disclosure, that differ from United States laws/regulations, please note that through your continued use of either the Citysense™ Application or Sensenetworks.com, which is governed by U.S. Law, this Privacy Policy, and our Terms of Use, you are transferring personal information to the United States and you consent to that transfer. You also consent to the adjudication of any disputes arising in connection with the Citysense™ Application, Citysense.com or Sensenetworks.com in the federal and state courts of, and in accordance with the laws of the State of California.

UPDATE INFORMATION / SUGGESTIONS
If you would like to update or correct any information that you have provided to Sense Networks through your use of the Citysense™ Application, Sensenetworks.com or otherwise, or you have suggestions for improving this Privacy Policy, please send an email to contact@citysense.com.