Updates to the Corporate Terms of Service - Spring 2018 #98

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bluemazzoo commented Apr 19, 2018

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.
Updates to the Corporate Terms of Service
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.

@bluemazzoo bluemazzoo changed the title from Updates to the Corporate Terms of Service to Updates to the Corporate Terms of Service - Spring 2018 Apr 19, 2018

@nsqe nsqe referenced this pull request Apr 19, 2018

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Spring 2018 updates are live! #105

@@ -38,42 +38,47 @@ Effective date: October 11, 2017
2. The “Service” refers to the applications, software, products, and services provided by GitHub.
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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j-f1 Apr 22, 2018

Should the “All Users” definition go before its first use (“All Users must be at least 13 years of age”)?

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j-f1 Apr 22, 2018

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.

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j-f1 Apr 22, 2018

“Content” also includes the services

?

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j-f1 Apr 22, 2018

“Content” also includes the services

?

-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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j-f1 Apr 22, 2018

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:

  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
    1. your Content (or circumstances covered by your indemnification obligations in this Section O (Release and Indemnification: Customer’s Indemnification)) or
    2. 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.
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.
@j-f1

j-f1 Apr 22, 2018

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:

  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
    1. your Content (or circumstances covered by your indemnification obligations in this Section O (Release and Indemnification: Customer’s Indemnification)) or
    2. 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.
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.

bluemazzoo added some commits May 10, 2018

Incorporate Definitions + Section J update
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
Merge pull request #106 from github/incorporate-definitions-corporate…
…-tos-spring-2018
Incorporate Definitions + Section J update
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bluemazzoo May 24, 2018

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Thank you all for your feedback and comments, but we won't be making any additional changes at this time.

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bluemazzoo commented May 24, 2018

Thank you all for your feedback and comments, but we won't be making any additional changes at this time.

@bluemazzoo bluemazzoo closed this May 24, 2018

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bluemazzoo May 24, 2018

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The public comment period has ended. This version is being merged into master.

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bluemazzoo commented May 24, 2018

The public comment period has ended. This version is being merged into master.

@bluemazzoo bluemazzoo reopened this May 24, 2018

@bluemazzoo bluemazzoo merged commit e484d23 into master May 24, 2018

@bluemazzoo bluemazzoo deleted the corporate-terms-of-service-spring-2018 branch May 30, 2018

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