From 352b17c2e0e4cb512547aa9f81592340c7b60a48 Mon Sep 17 00:00:00 2001 From: Brandon Horton Date: Mon, 8 Jan 2024 20:43:07 +0000 Subject: [PATCH] chore(tfhub): archive terms of service --- terms_archive/TERMS.md | 381 ++++++++++++++++++++++ terms_archive/TERMS_ARCHIVE_202201.md | 451 ++++++++++++++++++++++++++ terms_archive/TERMS_UPDATES.md | 40 +++ 3 files changed, 872 insertions(+) create mode 100644 terms_archive/TERMS.md create mode 100644 terms_archive/TERMS_ARCHIVE_202201.md create mode 100644 terms_archive/TERMS_UPDATES.md diff --git a/terms_archive/TERMS.md b/terms_archive/TERMS.md new file mode 100644 index 00000000..0f3e8e30 --- /dev/null +++ b/terms_archive/TERMS.md @@ -0,0 +1,381 @@ +> On January 24, 2022, we updated our TensorFlow Hub Additional Terms of Service +> ("**Additional Terms**") to help clarify and make it easier to understand what +> to expect as you use the service. These changes won't affect the way you use +> TensorFlow Hub. You can access the Archived Terms +> [here](./TERMS_ARCHIVE_202201.md) and a summary of the changes +> [here](./TERMS_UPDATES.md). + +Effective January 24, 2022 \| [Archived +version](./TERMS_ARCHIVE_202201.md) + +# TensorFlow Hub Additional Terms of Service + +Thank you for using TensorFlow Hub! By accessing or using TensorFlow Hub, you +agree to be bound by: (1) the [Google Terms of +Service](https://www.google.com/intl/ALL/policies/terms/index.html) (the +**"Universal Terms"**); (2) these TensorFlow Hub Additional Terms of Service +(the **"TensorFlow Hub Additional Terms"**); (3) the [Google Privacy +Policy](https://www.google.com/intl/ALL/policies/privacy/index.html) (the +**"Privacy Policy"**); and (4) any other operating rules, policies, and +procedures that we may publish from time to time on TensorFlow Hub +(collectively, the **"Terms"**). Please read the Terms carefully, starting with +the Universal Terms. TensorFlow Hub is a "service" as defined in the Universal +Terms. The Terms establish what you can expect from us as you use TensorFlow +Hub, and what we expect from you, and they form a binding agreement between you +and Google related to your use of TensorFlow Hub. If you are accepting these +Terms on behalf of an organization or company, see the section in the Universal +Terms called "[Using Google services on behalf of an organization or +business](https://policies.google.com/terms#as-organization)". + +## A. Definitions + +All defined terms in the [Universal Terms](https://policies.google.com/terms) +also apply to these TensorFlow Hub Additional Terms, along with the following +definitions: + +**"content"** means any content provided, uploaded, shared, featured, or +displayed through TensorFlow Hub, including text, data, articles, images, +videos, photographs, audio, models, metadata, graphics, software, code, +services, applications, designs, features, and other materials that are +available on or via TensorFlow Hub - whether that content belongs to you, Google +or other people or organizations. + +**"high risk activities"** means activities where the use or +failure of the TensorFlow Hub services or content could lead to death, personal +injury, or environmental damage (including operation of nuclear facilities, air +traffic control, life support systems, or weaponry). + +**"including"** means including but not limited to. + +**"TensorFlow Hub"** means (a) the TensorFlow Hub website located at +[http://www.tfhub.dev](http://www.tfhub.dev/) and all related subdomains, and +(b) all services and content provided via such website and subdomains that are +not user-generated content. + +## B. Acceptable Use + +### Basic Rules of Conduct + +The section in the Universal Terms called "[respect +others](https://policies.google.com/terms#respect)" outlines the basic rules of +conduct that apply to your use of TensorFlow Hub. You are responsible for (a) +ensuring that your use of TensorFlow Hub is in compliance with those basic rules +of conduct, and (b) obtaining any necessary consents from third parties that may +be required under the Terms or by applicable law. + +### Content Restrictions + +In addition to any restrictions on your content as set forth in the Universal +Terms, you also agree that your content: + +- is not unlawful and does not promote unlawful activities; +- does not contain sexually obscene content; +- is not libelous, defamatory, or fraudulent; +- is not discriminatory or abusive toward any individual or group; +- does not contain or install any active malware or exploits, or use + TensorFlow Hub for exploit delivery (such as part of a related command and + control system); +- does not infringe on any legal right of any party, including [intellectual + property + rights](https://policies.google.com/terms/definitions#toc-terms-intellectual-property-rights); +- is not intended for [high risk activities](#hra); +- is not subject to the International Traffic in Arms Regulations (ITAR) + maintained by the U.S. Department of State; +- is not Protected Health Information ("**PHI**"), as defined under the Health + Insurance Portability and Accountability Act of 1996 as it may be amended + from time to time, and any regulations issued under it ("**HIPAA**"). + +### Conduct Restrictions + +a. You agree to not use TensorFlow Hub (including any content) to: + + - harass, abuse, threaten, or incite violence towards any individual or + group; + - generate, distribute, publish, or facilitate unsolicited mass email, + promotions, advertising, or other solicitations ("**spam**"); + - engage in any other unlawful, invasive, infringing, discriminatory, + defamatory or fraudulent purpose (including phishing, creating a pyramid + scheme, or mirroring a website); + - violate the privacy of any third party (including obtaining, posting, or + using another person's personal information without consent or + surveilling any individual in a manner that violates applicable law or + internationally acceptable norms); + - violate or encourage the violation of any legal rights of others + (including allowing or assisting others to infringe or misappropriate + the [intellectual property + rights](https://policies.google.com/terms/definitions#toc-terms-intellectual-property-rights) + of others in violation of the [Digital Millennium Copyright + Act](https://support.google.com/legal/answer/1120734)) or engage in or + encourage any other illegal activity; + - intentionally distribute viruses, worms, Trojan horses, corrupted files, + hoaxes, or other items of a destructive or deceptive nature; + - interfere with the use of TensorFlow Hub or the equipment used to + provide TensorFlow Hub; + - disable, interfere with or circumvent any aspect of TensorFlow Hub; + - use TensorFlow Hub or any interfaces provided by TensorFlow Hub to + access any other product or service in a manner that violates or + circumvents the terms of service of such other product or service; + - engage in [high risk activities](#hra); + - engage in any purpose or in any manner involving PHI, if you are or + become a Covered Entity or Business Associated, as those terms are + defined in HIPAA. + - contravene any widely accepted principles of international law and human + rights; or + - use TensorFlow Hub or any content to directly or indirectly create, + train, or improve a substantially similar service to TensorFlow Hub + (except to the extent such restrictions are expressly prohibited by + applicable law). + +b. You agree not to reproduce, duplicate, copy, sell, or resell any portion of + TensorFlow Hub without our express written permission in advance. + +### Third Party Terms + +In some situations, third party terms may apply to your use of TensorFlow Hub. +For example: (a) you may be accessing content with its own terms or license +agreements; (b) you may download an application with its own terms of service +that integrates with TensorFlow Hub; or (c) content owned by us or third parties +(but featured in or linked from TensorFlow Hub) may provide different or +additional terms of service. If those additional terms conflict with these +TensorFlow Hub Additional Terms or provisions in the other Terms, the more +specific terms apply to the relevant content. + +### Scraping + +Scraping refers to extracting data from TensorFlow Hub via any process, +including an automated process such as a bot or webcrawler. You may only scrape +TensorFlow Hub for public, non-personal information for non-commercial research +and only if any publications resulting from such research are open access. You +may not scrape TensorFlow Hub for any other purposes, including spamming +purposes, or for the purposes of selling TensorFlow Hub users' personal +information for other uses, such as use by recruiters, headhunters, and job +boards. + +### Excessive Bandwidth Use + +If we determine in our sole discretion that the bandwidth usage of your Google +Account in connection with your use of TensorFlow Hub is significantly excessive +in relation to other users, we reserve the right to suspend your Google Account +or throttle TensorFlow Hub services related to your Google Account until you can +reduce your bandwidth consumption. + +## C. Content Rights and Obligations + +### Responsibility for Your Content + +You may create or upload content while using TensorFlow Hub in compliance with +the Terms. Any content that you upload, submit, store, send, or receive through +TensorFlow Hub (your content) is subject to the Universal Terms, including the +license in the "[License](https://policies.google.com/terms#license)" section. +In addition, you are solely responsible for the contents of, and for any harm +resulting from, any of your content that you post, upload, link to or otherwise +make available via TensorFlow Hub, regardless of the form of your content. We +are not responsible for any public display or misuse of your content. + +### TensorFlow Hub May Remove Content + +We do not pre-screen user-generated content on TensorFlow Hub, but Google +reserves the right (though not the obligation) to refuse or remove any +user-generated content that, in our sole discretion, violates the Terms or any +other applicable terms or policies. + +### License Grant to Us + +In addition to the "[License](https://policies.google.com/terms#license)" +section of the Universal Terms, you grant to Google and our affiliates, +subcontractors, and assignees the right to store, organize, and display your +content, and make incidental copies as necessary to provide TensorFlow Hub to +users, including the right to: (i) copy your content to our database and make +backups; (ii) display your content to you and other users; (iii) organize your +content into a search index or otherwise analyze it on our servers; and (iv) +share it with other users. + +### License Grant to Other Users + +In addition to the "License" section of the Universal Terms, you understand and +agree that: + +a. Any content you post publicly (including issues, comments, and contributions + to other users' repositories) may be viewed by other users. + +b. By allowing content you control to be viewed by other users, you agree to + allow other users to view and \"fork\" such content (this means that others + may make their own copies of your content). + +c. If you set your content to be viewed publicly, unless you explicitly state + otherwise clearly in such content, you grant each user of TensorFlow Hub the + following "MIT license" to such content: + + "Copyright © + + Permission is hereby granted, free of charge, to any person obtaining a copy + of this software and associated documentation files (the \"Software\"), to + deal in the Software without restriction, including without limitation the + rights to use, copy, modify, merge, publish, distribute, sublicense, and/or + sell copies of the Software, and to permit persons to whom the Software is + furnished to do so, subject to the following conditions: + + The above copyright notice and this permission notice shall be included in + all copies or substantial portions of the Software.\ + THE SOFTWARE IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR + IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, + FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE + AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER + LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING + FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS + IN THE SOFTWARE." + +### Contributions Under a Contribution License + +Whenever you make a contribution to other user content that is subject to a +clear contribution license, you license your contribution to such content under +the same terms, and you agree that you have the right to license your +contribution under those terms. + +### Moral Rights + +You waive any moral rights that would prevent us from reasonably exercising the +rights granted to us in the Terms. To the extent these TensorFlow Additional +Terms or the other Terms are not enforceable by applicable law, you grant us the +rights we need to use your content without attribution and to make reasonable +adaptations of your content as necessary to provide TensorFlow Hub. + +### Use of Your Content + +Our use of your content is governed by the Terms, including the following +sections of the Universal Terms: (a) "[Permission to use your +content](https://policies.google.com/terms#toc-permission)"; (b) +"[License](https://policies.google.com/terms#license)"; and (c) "[Your +content](https://policies.google.com/terms#your-content-in-services)". In +addition to the Terms, you also consent to us sharing information related to +your use of content on TensorFlow Hub with the provider of such content or +related to support for usage of such content, in each case in accordance with +the Terms and the Privacy Policy. + +### Support for Content + +We are not responsible or liable for any technical support to any user for any +content including any security updates or patches provided by you or other users +(even if such updates or patches may appear in our content). + +## D. Intellectual Property + +Terms related to intellectual property rights (including ownership rights, your +use of our trademarks and logos, and notices related to copyright infringement) +are set forth in the Universal Terms, including in the sections called: (a) +"Content in Google Services" (which describes the intellectual property rights +to the content you find in our services, whether that content belongs to you, +Google, or others); (b) "[What we expect from +you](https://policies.google.com/terms#toc-what-we-expect)" (which says we +retain any intellectual property rights we have in the services, including +TensorFlow Hub); (c) "[License](https://policies.google.com/terms#license)" +(which states, among other things, that you retain any intellectual property +rights that you have in your content), along with the License section of these +TensorFlow Hub Additional Terms; (d) "[Google +content](https://policies.google.com/terms#google-content)" (which states that +if you want to use our branding or logos, including those for TensorFlow Hub, +please see the Google Brand Permissions page); and (e) "[Your +content](https://policies.google.com/terms#your-content-in-services)" (which +describes what to do if you think someone is infringing your intellectual +property rights, [how to send us a notice of +infringement](https://support.google.com/legal/answer/3110420), and how to +access our [Copyright Help +Center](https://support.google.com/legal/topic/4558877)). + +## E. General Terms + +In addition to those included in the Universal Terms, the following apply to +your use of TensorFlow Hub: + +### Publicity + +You are permitted to state publicly that you are a user of TensorFlow Hub, +consistent with the [Google Brand +Permissions](https://www.google.com/permissions) page. If you want to display +TensorFlow Hub branding or logos in connection with your use of TensorFlow Hub +or in any other manner, you must obtain written permission from us through the +process specified on the [Google Brand +Permissions](https://www.google.com/permissions) page. We may include your name, +branding and logos in a list of our users either online or in promotional +materials. We may also verbally reference you as a user of TensorFlow Hub and of +any content used by you. Any use of a party's branding or logos will inure to +the benefit of the party holding [intellectual property +rights](https://policies.google.com/terms/definitions#toc-terms-intellectual-property-rights) +in and to such branding or logos. A party may revoke the other party's right to +use its branding and logos under these TensorFlow Hub Additional Terms by +providing written notice to the other party and a reasonable period to stop the +use. + +### Additional Warranty Disclaimer + +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DO NOT +MAKE ANY WARRANTY OF ANY KIND RELATED TO TENSORFLOW HUB OR ANY CONTENT, WHETHER +EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF +MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. WE AND OUR +SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE +ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF +TENSORFLOW HUB. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ANY +CONTENT YOU UPLOAD TO OR ACCESS VIA TENSORFLOW HUB. WE AND OUR SUPPLIERS AND +LICENSEES DO NOT WARRANT THAT THE OPERATION OF TENSORFLOW HUB OR ANY CONTENT +WILL BE ERROR-FREE, MALWARE- FREE, OR UNINTERRUPTED. TENSORFLOW HUB AND ALL +CONTENT ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES. + +### Notices + +All legal notices to us must be emailed to Our Legal Department at +. You agree that we may use the email address that you +provide us for any notice to you. Notice will be treated as given on receipt, as +verified by written or automated receipt or by electronic log (as applicable). + +### Government Users + +If you are using TensorFlow Hub on behalf of a government entity, the following +terms apply: + +a. If you are a city, county or state government entity in the United States or + European Union, the section in the Universal Terms regarding governing law + and venue will not apply. + +b. If you are a U.S. federal government entity, then the section in the + Universal Terms regarding governing law and venue is replaced with the + following, solely to the extent permitted by U.S. federal law: + + "ALL CLAIMS ARISING OUT OF OR RELATING TO THE "TERMS" (AS DEFINED IN THESE + TENSORFLOW HUB ADDITIONAL TERMS) OR THE TENSORFLOW HUB SERVICE WILL BE + GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE + UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO + THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA + (EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF + APPLICABLE FEDERAL LAW; AND (II) ANY DISPUTE ARISING OUT OF OR RELATING TO + THE "TERMS" (AS DEFINED IN THESE TENSORFLOW HUB ADDITIONAL TERMS) OR THE + TENSORFLOW HUB SERVICE WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL COURTS + OF SANTA CLARA COUNTY, CALIFORNIA, AND, THE PARTIES CONSENT TO PERSONAL + JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA + COUNTY, CALIFORNIA." + +c. If You are any entity or person not stated in (a) or (b) above, then the + section in the Universal Terms regarding governing law and venue applies. + +### U.S. Federal Agency Users + +TensorFlow Hub and our content were developed solely at private expense and are +commercial computer software and related documentation within the meaning of the +applicable Federal Acquisition Regulation and agency supplements. + +### Term and Termination + +The Terms will continue to apply to your use of TensorFlow Hub until terminated +by either you or Google as set forth in the Universal Terms and this paragraph. +If you want to terminate these TensorFlow Hub Additional Terms, you may do so by +deleting your Google Account and ceasing to use and access TensorFlow Hub. + +### Survival + +The following provisions in the Terms will survive termination: conduct +restrictions (including those set forth in Section B.3), content rights and +obligations (including those set forth in Section C), any obligation you have to +indemnify us, any limitations on our liability, any terms regarding ownership or +intellectual property rights (including those in Section D), terms regarding +disputes between us, these General Terms in Section E, and any other provisions +that, by their nature, should survive termination of these TensorFlow Additional +Terms. diff --git a/terms_archive/TERMS_ARCHIVE_202201.md b/terms_archive/TERMS_ARCHIVE_202201.md new file mode 100644 index 00000000..5a25568c --- /dev/null +++ b/terms_archive/TERMS_ARCHIVE_202201.md @@ -0,0 +1,451 @@ +# TensorFlow Hub Terms of Service + +Thank you for using TensorFlow Hub! Please read the TensorFlow Hub Terms of +Service carefully before accessing or using TensorFlow Hub because these terms +represent the agreement between You and Google related to Your use of TensorFlow +Hub. + +## The TensorFlow Hub Terms of Service + +Version date: October 30th 2019 + +## A. Definitions + +1. \"Account\" means authorization to use TensorFlow Hub on behalf of a User + and any other Users that User may permit to use the Account and a User's + identity on TensorFlow Hub. +2. "Account Information" means information and data shared by You with Us + related to Your Account as well as other information related to Your usage + of TensorFlow Hub, Services, and Content. +3. \"Affiliate\" means any entity that directly or indirectly Controls, is + Controlled by, or is under common Control with a party. +4. "Agreement" means, collectively, all the terms, conditions, notices + contained or referenced in this document (the "TensorFlow Hub Terms of + Service" or the \"Terms\") and all other operating rules, policies, and + procedures that we may publish from time to time on TensorFlow Hub. +5. "TensorFlow Hub" means the Website and other Services provided via the + Website. +6. "Brand Features" means the trade names, trademarks, service marks, logos, + domain names, and other distinctive brand features of each party, + respectively, as secured by such party from time to time. +7. "Confidential Information\" means information that one party (or an + Affiliate) discloses to the other party under this Agreement, and which is + marked as confidential or would normally under the circumstances be + considered confidential information. It does not include information that is + independently developed by the recipient, is rightfully given to the + recipient by a third party without confidentiality obligations, or becomes + public through no fault of the recipient. +8. "Content" means any content provided, uploaded, shared, featured, or + displayed through TensorFlow Hub, including text, data, articles, images, + videos, photographs, graphics, software, services, applications, designs, + features, and other materials that are available on TensorFlow Hub. +9. "Control" means control of greater than fifty percent of the voting rights + or equity interests of a party. +10. "Effective Date" is the date that You accept this Agreement to use + TensorFlow Hub, or, if You are accessing TensorFlow Hub in a manner that + does not require active acceptance of this Agreement, the date You first + access TensorFlow Hub. +11. \"Google\", "Our", "We," and "Us" means Google LLC, as well as Our + directors, subsidiaries, contractors, licensors, officers, agents, and + employees. +12. "High Risk Activities" means activities where the use or failure of the + Services could lead to death, personal injury, or environmental damage + (including operation of nuclear facilities, air traffic control, life + support systems, or weaponry). +13. "Including" means including but not limited to. +14. "Indemnified Liabilities" means any: (i) settlement amounts approved by the + indemnifying party; and (ii) damages and costs finally awarded against the + indemnified party and its Affiliates by a court of competent jurisdiction. +15. "Intellectual Property Rights" means current and future worldwide rights + under patent, copyright, trade secret, trademark, or moral rights laws, and + other similar rights. +16. \"Legal Process\" means a data disclosure request made under law, + governmental regulation, court order, subpoena, warrant, governmental + regulatory or agency request, or other valid legal authority, legal + procedure, or similar process. +17. "Services" means Content directly provided by TensorFlow Hub that is not + User-Generated Content. +18. "Trademark Guidelines" means Our guidelines for third party use of our Brand + Features, located at: . +19. "Terms URL" means or subsequent URLs where the + terms of this Agreement may be found. +20. "Third-Party Legal Proceeding" means any formal legal proceeding filed by an + unaffiliated third party before a court or government tribunal (including + any appellate proceeding). +21. "User" means any person or company that uses any aspect of TensorFlow Hub + via an Account. Special terms may apply for business or government Accounts. +22. "User-Generated Content" means Content created, shared, or uploaded by Our + Users. +23. The "Website" refers to the TensorFlow Hub's website located at + and any related subdomains. +24. "You," and "Your" means the individual person, company, or organization that + has visited or is using TensorFlow Hub via Your Account; that accesses or + uses any part of Your Account; or that directs the use of Your Account. +25. "Your Content" is Content on TensorFlow Hub created or provided by You. + +## B. Account Terms + +### Account Requirements. + +- A human must create Your Account, and You must be at least 13 years of age + (or any older age required by applicable law) to use TensorFlow Hub. + Accounts registered by \"bots\" or other automated methods are not + permitted. +- You must provide a valid email address, and You may not have more than one + free Account. + +### Account Controls + +- You alone are responsible for Your Account and anything that happens while + You are using Your Account (including all Content posted and activity that + occurs under Your Account even when Content is posted by others who have + access to an Account where You are the owner). +- You are responsible for keeping your Account secure. +- You are responsible for maintaining the security of Your Account and + password. We are not liable for any loss or damage from Your failure to + comply with this security obligation. +- You will promptly [notify Us](mailto:hi-tf-hub@google.com) at + if You become aware of any unauthorized use of, or + access to, TensorFlow Hub or Your Account. +- If You are accepting these Terms on behalf of an organization or company, + You represent and warrant that: (i) You have full legal authority to bind + that organization or company to this Agreement; (ii) You have read and + understand this Agreement; and (iii) You agree, on behalf of the + organization or company, to this Agreement. + +### Required Information + +You must provide a valid email address and any other information required by Us, +such as Your real name, to set-up an Account. If You are accepting these Terms +and setting up an Account on behalf of a legal entity, We may need additional +information about that legal entity. + +### Additional Terms + +In some situations, third party terms may apply to Your use of TensorFlow Hub. +For example, You may be accessing Content with its own terms or license +agreements; You may download an application with its own terms of service that +integrates with TensorFlow Hub; or Content owned by Us or third parties (but +featured in or linked from TensorFlow Hub) may provide different or additional +terms of service. If those additional terms conflict with this Agreement, the +more specific terms apply to the relevant Content (and associated webpages). + +## C. Acceptable Use + +### Compliance with Laws and Regulations + +Your use of TensorFlow Hub must not violate any applicable laws, including +copyright, trademark, or export control laws. You are responsible for ensuring +that Your use of TensorFlow Hub is in compliance with applicable law including +obtaining any related consent from any third parties required by applicable law. + +### Content Restrictions + +You agree that Your Content: + +- is not unlawful and does not promote unlawful activities; +- does not contain sexually obscene content; +- is not libelous, defamatory, or fraudulent; +- is not discriminatory or abusive toward any individual or group; +- does not contain or install any active malware or exploits, or use Our + platform for exploit delivery (such as part of a related command and control + system); +- does not infringe on any legal right of any party, including Intellectual + Property Rights; +- is not intended for High Risk Activities; +- is not subject to the International Traffic in Arms Regulations (ITAR) + maintained by the U.S. Department of State; +- is not Protected Health Information (PHI), as defined under the Health + Insurance Portability and Accountability Act of 1996 as it may be amended + from time to time, and any regulations issued under it (HIPAA). + +### Conduct Restrictions + +You agree to not use TensorFlow Hub (including any Content) to: + +- harass, abuse, threaten, or incite violence towards any individual or group; +- generate, distribute, publish, or facilitate unsolicited mass email, + promotions, advertising, or other solicitations ("spam"); +- engage in any other unlawful, invasive, infringing, discriminatory, + defamatory or fraudulent purpose (including phishing, creating a pyramid + scheme, or mirroring a website); +- violate the privacy of any third party (including obtaining, posting, or + using another person\'s personal information without consent or surveilling + any individual in a manner that violates applicable law or internationally + acceptable norms); +- violate or encourage the violation of any legal rights of others (including + allowing or assisting others to infringe or misappropriate the Intellectual + Property Rights of others in violation of the Digital Millennium Copyright + Act) or engage in or encourage any other illegal activity; +- intentionally distribute viruses, worms, Trojan horses, corrupted files, + hoaxes, or other items of a destructive or deceptive nature; +- interfere with the use of the TensorFlow Hub or the equipment used to + provide TensorFlow Hub; +- disable, interfere with or circumvent any aspect of TensorFlow Hub; +- use TensorFlow Hub or any interfaces provided by TensorFlow Hub to access + any other product or service in a manner that violates or circumvents the + terms of service of such other product or service; +- engage in High Risk Activities; +- engage in any purpose or in any manner involving PHI, if you are or become a + Covered Entity or Business Associated, as defined in HIPAA. +- contravene any widely accepted principles of international law and human + rights; or +- use TensorFlow Hub or any Content to directly or indirectly create, train, + or improve a substantially similar service to TensorFlow Hub (except to the + extent such restrictions are expressly prohibited by applicable law). + +### TensorFlow Hub Usage Limits + +You agree not to reproduce, duplicate, copy, sell, or resell any portion of +TensorFlow Hub without Our express written permission. + +### Scraping + +Scraping refers to extracting data from Our TensorFlow Hub via any process +including an automated process, such as a bot or webcrawler. You may only scrape +the TensorFlow Hub for public, non-personal information for non-commercial +research and only if any publications resulting from such research are open +access. You may not scrape TensorFlow Hub for any other purposes, including +spamming purposes, or for the purposes of selling TensorFlow Hub Users\' +personal information for other uses such as by recruiters, headhunters, and job +boards. + +### Excessive Bandwidth Use + +If We determine in Our sole discretion that the bandwidth usage of your Account +is significantly excessive in relation to other Users, We reserve the right to +suspend Your Account or throttle Services related to Your Account until You can +reduce Your bandwidth consumption. + +### TensorFlow Hub May Terminate Use or Content + +We have the right to suspend or terminate Your Account and access to all or any +part of TensorFlow Hub at any time, with or without cause, with or without +notice, effective immediately. We may make changes to TensorFlow Hub or Content +at any time including terminating the availability or use of any Content or +Services. + +## D. Content Rights and Obligations + +1. Responsibility for Your Content +2. TensorFlow Hub May Remove Content +3. Ownership of Content, Right to Post, and License Grants +4. License Grant to Us +5. License Grant to Other Users +6. Contributions Under License +7. Moral Rights +8. Use of Account Information and Your Content +9. Support for Content + +## E. Intellectual Property + +1. Our Rights to TensorFlow Hub +2. TensorFlow Hub Trademarks and Logos +3. Copyright Infringement and DMCA Policy +4. Your Feedback +5. Remedies +6. U.S. Federal Agency Users + +## F. General Terms + +### Modifications to the Agreement + +We may make changes to this Agreement from time to time. We will post any +changes to this Agreement to the Terms URL, and all changes will be effective +immediately after posting. We advise You to review the latest version of the +Agreement at the Terms URL before using TensorFlow Hub to stay informed of the +most current Agreement terms applicable to such use. The foregoing +notwithstanding, unless otherwise noted by Us, material changes to the Agreement +will become effective 14 days after they are posted to the Terms URL, except +changes that apply to new TensorFlow Hub functionality and Content, are +necessary for the appropriate operation of TensorFlow Hub, or are required by +applicable law will be effective immediately after they are posted to the Terms +URL. If You do not agree to any changes to the Agreement, please stop using +TensorFlow Hub and related Content. Any use by You of TensorFlow Hub or Content +after the effective date of any changes to the Agreement posted to the Terms URL +will constitute Your acceptance of the Agreement as modified. + +### Confidential Information + +The recipient will not disclose the Confidential Information, except to +Affiliates, employees, agents or professional advisors who need to know it and +who have agreed in writing (or in the case of professional advisors are +otherwise bound) to keep it confidential. The recipient will ensure that those +people and entities use the received Confidential Information only to exercise +rights and fulfill obligations under this Agreement, while using reasonable care +to keep it confidential. Notwithstanding any provision to the contrary in this +Agreement, the recipient may also disclose Confidential Information to the +extent required by applicable Legal Process if the recipient uses commercially +reasonable efforts to: (i) promptly notify the other party of such disclosure +before disclosing; and (ii) comply with the other party's reasonable requests +regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, +subsections (i) or (ii) above will not apply if the recipient determines that +complying with (i) or (ii) could: (a) result in a violation of Legal Process; +(b) obstruct a governmental investigation; or (c) lead to death or serious +physical harm to an individual. As between the parties, You are responsible for +responding to all third party requests concerning Your use of TensorFlow Hub. + +### Term and Termination + +This Agreement will remain in effect from the Effective Date until terminated by +either You or Us. If the Agreement expires or is terminated, then You will cease +all use of TensorFlow Hub, and, upon request, each party will use commercially +reasonable efforts to return or destroy all Confidential Information of the +other party. + +### Publicity + +You are permitted to state publicly that You are a User of TensorFlow Hub, +consistent with the Trademark Guidelines. If You want to display TensorFlow Hub +Brand Features in connection with Your use of TensorFlow Hub, Your must obtain +written permission from Us through the process specified in the Trademark +Guidelines. We may include Your name or Brand Features in a list of Our Users +either online or in promotional materials. We may also verbally reference You as +a User of TensorFlow Hub and of any Content used by You. Neither party needs +approval if it is repeating a public statement that is substantially similar to +a previously approved public statement. Any use of a party's Brand Features will +inure to the benefit of the party holding Intellectual Property Rights to those +Brand Features. A party may revoke the other party's right to use its Brand +Features under this Section with written notice to the other party and a +reasonable period to stop the use. + +### Disclaimer + +EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY +APPLICABLE LAW, WE AND OUR SUPPLIERS DO NOT MAKE ANY WARRANTY OF ANY KIND +RELATED TO TENSORFLOW HUB OR ANY CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR +OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE +AND NONINFRINGEMENT. WE AND OUR SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE +DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED +OR TRANSMITTED THROUGH USE OF TENSORFLOW HUB. YOU ARE SOLELY RESPONSIBLE FOR +SECURING AND BACKING UP ANY CONTENT YOU UPLOAD TO OR ACCESS VIA TENSORFLOW HUB. +WE AND OUR SUPPLIERS AND LICENSEES DO NOT WARRANT THAT THE OPERATION OF +TENSORFLOW HUB OR ANY CONTENT WILL BE ERROR-FREE, MALWARE- FREE, OR +UNINTERRUPTED. TENSORFLOW HUB AND ALL CONTENT ARE NOT DESIGNED, MANUFACTURED, OR +INTENDED FOR HIGH RISK ACTIVITIES. + +### Limitation of Liability + +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE AND OUR SUPPLIERS WILL NOT +BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, +INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WE OR OUR +SUPPLIERS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF +DIRECT DAMAGES DO NOT SATISFY A REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY +APPLICABLE LAW, WE AND OUR SUPPLIERS, MAY NOT BE HELD LIABLE UNDER THIS +AGREEMENT FOR MORE THAN THE AMOUNT PAID BY YOU TO US FOR USE OF TENSORFLOW HUB +DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. + +### Indemnity by You + +Unless prohibited by applicable law, You will defend and indemnify Us and our +Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding +to the extent arising from: (i) any of Your Content; or (ii) Your use (or use by +other Users under your Account) of TensorFlow Hub or any Content subject to the +following conditions: (i) We have the right to approve controlling counsel, such +approval not to be unreasonably withheld and which approval may be withheld or +withdrawn if there is a conflict of interest); (ii) We may appoint Our own +non-controlling counsel at Our own expense; and (iii) any settlement requiring +Us to admit liability, pay money, or take (or refrain from taking) any action +will require Our prior written consent. + +### Notices + +All legal notices to Us must be emailed to Our Legal Department at +[legal-notices@google.com](https://pantheon.corp.google.com/legal-notices@google.com). +You agree that We may use the email address that You provide Us for Your Account +for any notice to You. Notice will be treated as given on receipt, as verified +by written or automated receipt or by electronic log (as applicable). + +### Assignment + +You may not assign any part of this Agreement without Our written consent, +except to an Affiliate where: (a) the assignee has agreed in writing to be bound +by the terms of this Agreement; (b) the assigning party remains liable for +obligations under the Agreement if the assignee defaults on them; and (c) the +assigning party has notified the other party of the assignment. Any other +attempt to assign is void. + +### Change of Control + +If You experience a change of Control (for example, through a stock purchase or +sale, merger, or other form of corporate transaction): (a) You will give written +notice to Us within 30 days after the change of Control; and (b) We may +immediately terminate this Agreement upon receipt of that written notice. + +### Force Majeure + +We will not be liable for failure or delay in performance to the extent caused +by circumstances beyond Our reasonable control. + +### No Agency + +This Agreement does not create any agency, partnership or joint venture between +You and Us. + +### No Waiver + +We and You will be not be treated as having waived any rights by not exercising +(or delaying the exercise of) any rights under this Agreement. + +### Severability + +If any term (or part of a term) of this Agreement is invalid, illegal, or +unenforceable, the rest of the Agreement will remain in effect. + +### No Third-Party Beneficiaries + +This Agreement does not confer any benefits on any third party unless it +expressly states that it does. + +### Equitable Relief + +Nothing in this Agreement will limit either party's ability to seek equitable +relief. + +### Governing Law + +- If You are a U.S. city, county or state government entity, then the + Agreement will be silent regarding governing law and venue. +- If You are a U.S. federal government entity then the following applies: ALL + CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE + GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT + OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS + OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES) + WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS + ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES + CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS + IN SANTA CLARA COUNTY, CALIFORNIA. +- If You are any entity or person not stated above in this Section then the + following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT + OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE'S + CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR + STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO + PERSONAL JURISDICTION IN THOSE COURTS. + +### Survival + +The following Sections will survive expiration or termination of this Agreement: +A, C.3, D, E, and F. + +### Entire Agreement + +This Agreement states all terms agreed between You and Us and supersedes all +other agreements between You and Us relating to its subject matter. In entering +into this Agreement, neither You or We have relied on, and neither You or We +will have any right or remedy based on, any statement, representation or +warranty (whether made negligently or innocently), except those expressly set +out in this Agreement. The terms located at a URL referenced in the Agreement +are incorporated by reference into the Agreement. After the Effective Date, We +may provide an updated URL in place of any URL in this Agreement. + +### Conflicting Terms + +If there is a conflict among the documents that make up this Agreement, the +documents will control in the following order: (i) the Agreement and (ii) any +terms at any URL stated in this Agreement. + +### Counterparts + +If the parties execute this agreement offline, it may be executed in +counterparts, including facsimile, PDF, and other electronic copies, which taken +together will constitute one instrument. diff --git a/terms_archive/TERMS_UPDATES.md b/terms_archive/TERMS_UPDATES.md new file mode 100644 index 00000000..2c31bcf8 --- /dev/null +++ b/terms_archive/TERMS_UPDATES.md @@ -0,0 +1,40 @@ +# Updates to TensorFlow Hub Additional Terms of Service + +On January 24, 2022, we updated our TensorFlow Hub Additional Terms of Service +("**Additional Terms**") to help clarify and make it easier to understand what +to expect as you use the service. These changes won't affect the way you use +TensorFlow Hub. You can access the Archived Terms +[here](./TERMS_ARCHIVE_202201.md). + +At a glance, this update covers: + +**More clarity on what to expect:** + +We're providing more transparency about which terms apply to your use of +TensorFlow Hub, such as Google's Terms of Service ("**uTOS**") and Privacy +Policy. Those terms, along with these updated Additional Terms, provide clarity +on how we develop, improve, and update our service, including more detail about +the reasons we make changes and updates, and the advanced notice we provide to +you. + +**General updates for improved readability:** + +While our Additional Terms remain a legal document, we've done our best to make +them easier to understand. This includes: + +- reorganizing some sections (such as *Third Party Terms* and *Term and + Termination*); +- rewording others (such as *Use of Your Content, Intellectual Property* and + *General Terms*); and +- removing provisions that are already covered in the uTOS (such as *Account + Terms*; certain provisions in the *Intellectual Property* section relating + to ownership, trademarks, copyrights, feedback, and remedies; and certain + *General Terms* relating to modifications to the agreement, confidential + information, limitation of liability, indemnities, and other general terms) + and providing helpful links to the uTOS provisions where applicable. + +Please make sure you read the updates to the Additional Terms. By continuing to +use TensorFlow Hub after this date, you are agreeing to the updated Additional +Terms. + +Thank you for being part of the TensorFlow community!