Updates to the Corporate Terms of Service - Spring 2018 #98
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Most of the changes to our terms are clarifications of pre-existing sections. Here are a few sections we'd like to highlight: * Third Party Applications — we combined the Marketplace section with general requirements for those creating integrations for other users to provide better protections for GitHub users and their data. The Marketplace section is now called "Third Party Applications," since it now applies to more than just GitHub's Marketplace. We've also added a "Third Party Applications" section to the Privacy Statement to discuss our users' privacy expectations in regards to those applications. * Access to Private Repositories — in Section E, we clarified the purposes for which we may be required to access private repository contents, in line with the security obligations of our GDPR compliance program. * More definitions — we included definitions of "User Accounts" and "Organizations" and described who has control of those types of accounts.
j-f1
reviewed
Apr 22, 2018
| 3. The “Website” refers to GitHub’s website located at [github.com](https://github.com/), and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as [education.github.com](https://education.github.com/) and [pages.github.com](https://pages.github.com/). These Terms also govern GitHub’s conference websites, such as [githubuniverse.com](https://githubuniverse.com/), and product websites, such as [atom.io](https://atom.io/). Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. | ||
| 4. "Customer", “You,” and “Your” refer to the company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. Special terms may apply for business or government accounts (See [Section B(6): Additional Terms](#6-additional-terms)). | ||
| 5. "User" refers to the individual who has visited or is using the Website or Service on your behalf; that accesses or uses any part of the account on your behalf; or that directs the use of the account in the performance of their functions on your behalf. A User must be at least 13 years of age. | ||
| 5. "User" refers to the individual who has visited or is using the Website or Service on your behalf; that accesses or uses any part of the account on your behalf; or that directs the use of the account in the performance of their functions on your behalf. All Users must be at least 13 years of age. "Other Users" refers to the individuals, not including your Users, who visit or use the Website or Service. “Users” and “Other Users” are collectively referred to as “All Users”. |
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Should the “All Users” definition go before its first use (“All Users must be at least 13 years of age”)?
| 7. A "Corporate Account" refers to any account created by a User on behalf of an entity, such as a company, non-profit organization, or group. A Corporate Account may include a Business plan, a Team plan, or a Developer plan. | ||
| 8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. | ||
| 7. An "Account" represents your legal relationship with GitHub. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on GitHub. A "Corporate Account" refers to an Account created by a User on behalf of an entity, such as a company, non-profit organization, or group. A Corporate Account may include a Business plan or a Team plan. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations. | ||
| 8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by All Users. "Your Content" is Content that you create, own, or to which you are the rights holder. |
| We’ll defend or settle, at our option and expense, any third-party claim brought against you to the extent that it’s based on an allegation that GitHub’s service infringes a copyright or misappropriates a trade secret of any third party (each, a “Claim”), and, subject to Section N, above, Limitation of Liability, we’ll pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such a Claim, provided that you notify us in writing of any such Claim as soon as reasonably practicable and allow us to control, and reasonably cooperate with us in the defense of, any such Claim and related settlement negotiations. | ||
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| You understand that we’ll have no obligation to indemnify you for any claim (1) if the total aggregate fees received by GitHub with respect to your subscription to the services in the 12 month period immediately preceding the claim is less than US $50,000; (2) if the services are modified by any party other than GitHub, but solely to the extent the alleged infringement is caused by such modification; (3) if the services are used in combination with any services, software, or equipment without prior written authorization by GitHub, but solely to the extent the alleged infringement is caused by such combination; (4) to unauthorized use of the services; (5) to any Claim arising as a result of (y) your Content (or circumstances covered by your indemnification obligations in this Section Q (Release and Indemnification: Customer’s Indemnification)) or (z) any third-party deliverables or components contained with the services; or (6) if you settle or make any admissions with respect to a claim without GitHub’s prior written consent. | ||
| You understand that we’ll have no obligation to indemnify you for any claim (1) if the total aggregate fees received by GitHub with respect to your subscription to the services in the 12 month period immediately preceding the claim is less than US $50,000; (2) if the services are modified by any party other than GitHub, but solely to the extent the alleged infringement is caused by such modification; (3) if the services are used in combination with any services, software, or equipment without prior written authorization by GitHub, but solely to the extent the alleged infringement is caused by such combination; (4) to unauthorized use of the services; (5) to any Claim arising as a result of (y) your Content (or circumstances covered by your indemnification obligations in this Section O (Release and Indemnification: Customer’s Indemnification)) or (z) any third-party deliverables or components contained with the services; or (6) if you settle or make any admissions with respect to a claim without GitHub’s prior written consent. |
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Why are the two subsections of (5) “(y)” and ”(z)”? Wouldn’t it make more sense to label them as “(a)” and “(b)”? Also, Why not break this out into a multiline list for readability?
Example:
You understand that we’ll have no obligation to indemnify you for any claim:
- if the total aggregate fees received by GitHub with respect to your subscription to the services in the 12 month period immediately preceding the claim is less than US $50,000;
- if the services are modified by any party other than GitHub, but solely to the extent the alleged infringement is caused by such modification;
- if the services are used in combination with any services, software, or equipment without prior written authorization by GitHub, but solely to the extent the alleged infringement is caused by such combination;
- to unauthorized use of the services;
- to any Claim arising as a result of
- your Content (or circumstances covered by your indemnification obligations in this Section O (Release and Indemnification: Customer’s Indemnification)) or
- any third-party deliverables or components contained with the services; or
- if you settle or make any admissions with respect to a claim without GitHub’s prior written consent.
Source:
You understand that we’ll have no obligation to indemnify you for any claim:
1. if the total aggregate fees received by GitHub with respect to your subscription to the services in the 12 month period immediately preceding the claim is less than US $50,000;
1. if the services are modified by any party other than GitHub, but solely to the extent the alleged infringement is caused by such modification;
1. if the services are used in combination with any services, software, or equipment without prior written authorization by GitHub, but solely to the extent the alleged infringement is caused by such combination;
1. to unauthorized use of the services;
1. to any Claim arising as a result of
1. your Content (or circumstances covered by your indemnification obligations in this Section O (Release and Indemnification: Customer’s Indemnification)) or
1. any third-party deliverables or components contained with the services; or
1. if you settle or make any admissions with respect to a claim without GitHub’s prior written consent.
kittakan
approved these changes
May 7, 2018
This pull request: - incorporates the new "Accounts" definition through the agreement - adds "User-Generated Content" and "User Personal Information" to section J(1) and updates two of the requirements in that section
…-tos-spring-2018 Incorporate Definitions + Section J update
Contributor
Author
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Thank you all for your feedback and comments, but we won't be making any additional changes at this time. |
Contributor
Author
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The public comment period has ended. This version is being merged into master. |
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Ok |
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Most of the changes to our terms are clarifications of pre-existing sections. Here are a few sections we'd like to highlight: