Terms of Service
Last updated: February 02, 2015
Copyright 2013 - 2015 MyGet (TechTomato BVBA).
This agreement is between you or the entity you represent and TechTomato BVBA, hereafter named "MyGet", and consists of the terms below, Offer Details for any Service as published on the date of a Subscription purchase or renewal, terms incorporated by reference, terms applicable to other web sites and services that you use and are necessary to use the Services (for example, your third-party Account used to log in to the Services) and, the Privacy Statement (together, the "Agreement"). If you are entering into this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity. If you specify a company name in connection with signing up for or ordering a Service, you will be deemed to have placed that order and to have entered into this Agreement on behalf of that organization or company.
Right to use. We grant you the right to access and use the Services in accordance with this Agreement.
Subscription. Each user of Services offered by MyGet, through the Web Site at www.myget.org or other URLs, must be allocated an individual Subscription, whether they access the service directly or indirectly.
Manner of use. You may not
i. reverse engineer, decompile, disassemble or work around technical limitations in the Services, except to the extent that applicable law permits it despite these limitations;
- ii. disable, tamper with or otherwise attempt to circumvent any mechanism that limits your use of the Services;
- iii. rent, lease, lend, resell, transfer, or sublicense any Services or portion thereof to or for third parties, except as explicitly permitted herein or in license terms that accompany any Services component;
- iv. use the Services for any purpose that is unlawful or prohibited by this Agreement; or
v. use the Services in any manner that could damage, disable, overburden, or impair any MyGet service, or interfere with any other party’s use and enjoyment of any Services.
Updates. We may make changes to the Services from time to time, including:
the availability of features;
- how long, how much or how often any given feature may be used;
- and feature dependencies upon other services or software.
We may provide you with prior notice before removing any feature or functionality of the Services but are not obliged to in any way.
Preview features. We may make features available on a preview basis. Previews are provided "AS-IS" and are excluded from any warranties provided by this Agreement. Previews may be subject to reduced or different security, compliance, privacy, availability, reliability, and support commitments. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview feature into "General Availability", and if we do make Previews "Generally Available" we may charge for any such features or make them available in only a subset of Subscriptions. Preview features may be labeled "Beta" in the Service user interface but this is not obligatory.
Software on Documentation Portals. Software accessible on the Documentation Portals is made available by the designated publisher under the associated license terms. If Software is accessible on the Documentation Portals without license terms, then subject subsection (c) below you may use it to design, develop, and test your programs. If any such Software without license terms is marked as "sample" or "example", then you may use it under the terms of the Apache v2.0 License.
Scope of rights. All MyGet Software and Services are the copyrighted works of MyGet or its suppliers. All MyGet Software are licensed not sold and may not be transferred unless specified otherwise in any license terms provided with the MyGet Software. Rights to access MyGet Software on any device do not give you any right to implement MyGet intellectual property in software or devices that access that device.
Third party software. You are solely responsible for any third party software that you install, connect, or use with any Service. We will not run or make any copies of such third party software outside of our relationship with you. You may only install or use any third party software with any Service in a way that does not subject our intellectual property or technology to any terms governing such software. We are not a party to and are not bound by any terms governing your use of any third party software. We do not grant any licenses or rights, express or implied, to such third party software.
Open source software as part of the Service. If the Service uses or distributes any third party software with open source software license terms ("Open Source"), then such Open Source is licensed to you by MyGet solely to allow you to interact with the Service under terms of this Agreement. Copies of those applicable Open Source licenses and any other notices, if any, are included for your information only.
Application programming interfaces. MyGet will not assert any of its rights on account of your products calling application programming interfaces that it publishes on the Documentation Portals ("APIs") in order to receive services from the MyGet product that exposes the APIs.
3. MyGet Content.
All MyGet Content are the copyrighted work of MyGet or its suppliers, and is governed by the terms of the license agreement that accompanies or is included with the MyGet Content or Services. If the MyGet Content does not include a license agreement, then you may make a reasonable number of copies of the MyGet Content for your internal use in designing, developing, and testing your software, products and services that is made available to you on the Documentation Portals without a license agreement. You must preserve the copyright notice in all copies of the MyGet Content and ensure that both the copyright notice and this permission notice appear in those copies. MyGet Content may be licensed differently from this Agreement. In such case, the MyGet Content will include a file or file header specifying the applicable license.
4. Security, privacy, and Customer Data.
Security. MyGet offers no guarantees against accidental loss or change of Customer Data but does maintain best-effort technical and organizational measures, internal controls, and data security routines intended to protect Customer Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.
Privacy and data location. We treat Customer Data in accordance with the terms herein and our Privacy Statement. We may transfer to, store, and process Customer Data in any country where we or our Affiliates or subcontractors have facilities used for Services. You will obtain any necessary consent or rights from end users or others whose data or personal information or other data you will be hosting in the Services.
Rights to Provide Customer Data. You are solely responsible for your Customer Data. You must have, and you hereby grant us, sufficient rights to use and distribute Customer Data (including Customer Data sourced from third parties) necessary for us to provide you the Services without violating the rights of any third party, or otherwise obligating MyGet to you or to any third party. We do not assume any additional obligations that may apply to Customer Data except as required by applicable law.
Ownership of Customer Data. Except for software and Content we license to you, as between the parties, you retain all right, title and interest in and to Customer Data. We acquire no rights in Customer Data other than as described in this Section 4.
Use of Customer Data. We will use Customer Data to provide the Services. This use may include troubleshooting to prevent, find and fix problems with the operation of the Services and ensuring compliance with this Agreement. It may also include: providing you with suggestions to help you discover and use functionality within the Services; improving the features of our Services; and otherwise use patterns, trends, and other statistical data derived from Customer Data to provide, operate, maintain, and improve our products and services. We will not use Customer Data or derive information from it for any (1) advertising or (2) other commercial purposes (beyond providing you with the Services) without your consent.
Customer Data return and deletion. You may request for your Customer Data to be deleted at any time by contacting Support through email@example.com. If you terminate your account or request to remove any Customer Data including through functionalities provided in the Service, we may delete Customer Data immediately without any retention period. We have no additional obligation to continue to hold, export, or return Customer Data and have no liability whatsoever for deletion of Customer Data pursuant to this Agreement. The Services may have features that incur additional charges or are only available at a specific paid-for-service feature tier. If your account is downgraded to a lesser service feature tier, either manually or because the Subscription period expired, your Customer Data will be preserved, but certain features necessary to access that Customer Data may be inaccessible.
Subcontractors. We may hire other companies to provide limited services on our behalf, such as customer support. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services we have retained them to provide. We remain responsible for our subcontractors' compliance with the obligations set forth in this Agreement.
Compliance with law. We will comply with all laws applicable to our provision of the Services, including applicable security breach notification laws, but not including any laws applicable to you or your industry that are not generally applicable to information technology services providers. You will comply with all laws applicable to your Customer Data, and use of the Services, including any laws applicable to you or your industry.
Claims of infringement. We will inform you if we receive notice claiming that your usage of the Service infringes a third party’s intellectual property rights, and in such instances we may provide your basic contact information to the third party. You will promptly respond to such complaints.
5. Customer accounts, customer conduct, identity services, and feedback.
Account creation. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information. You may not select an account user name or identifier that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. We reserve the right to reject and/or reassign these user names and Service identifiers in our sole discretion.
Responsibility for your accounts. You are responsible for: any and all activities that occur under your account; any automated activities that occur under your account through the Service provided by MyGet or third-party integration; maintaining the confidentiality of any non-public authentication credentials associated with your use of the Services; and promptly notifying our customer support team about any possible misuse of your accounts or authentication credentials, or any security incident related to the Services.
Your conduct and the availability of third party content and links to third party content. For any public, community interaction you undertake on the Services you must follow the Rules of Conduct. We have no obligation to monitor the content and communications of third parties on the Services; however, we reserve the right to review and remove any such materials posted to the Documentation Portals in our sole discretion. Third parties that participate on the Services are not authorized MyGet spokespersons, and their views do not necessarily reflect those of MyGet.
Identity usage across Services. We may provide Services that supplement MyGet Software and rely upon your user account or other identity mechanism. We may use this information to identify you and authorize access to MyGet Content, MyGet Software, and other resources across the Services.
Submissions and feedback. We do not claim ownership of any Submission unless otherwise agreed to by the parties. However, by providing a Submission, you are irrevocably granting MyGet and its Affiliates the right to make, use, modify, distribute and otherwise commercialize the Submission in any way and for any purpose (including by granting the general public the right to use your Submissions in accordance with this Agreement, which may change over time). For Submissions provided to the Documentation Portals you further grant the right to publish specific identifying information detailed in the Privacy Statement in connection with your Submission. These rights are granted under all applicable intellectual property rights you own or control. No compensation will be paid with respect to the use of your Submissions. MyGet is under no obligation to post or use any Submission, and MyGet may remove any Submission at any time. By providing a Submission you warrant that you own or otherwise control all of the rights to your Submission and that your Submission is not subject to any rights of a third party (including any personality or publicity rights of any person).
Services accessible only to invited customers. Elements of the Services may be accessible to you on an invitation only basis, for example as part of a program for using pre-release Services and providing feedback to us. Those Services are confidential information of MyGet. You may not disclose this confidential information to any third party for a period of five years. This restriction does not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without an obligation to keep it confidential, is received from another source who can disclose it lawfully and without an obligation to keep it confidential, or is independently developed. You may disclose this confidential information if required to comply with a court order or other government demand that has the force of law. Before doing so, you must seek the highest level of protection available and, when possible, give us enough prior notice to provide a reasonable chance to seek a protective order.
6. Term, termination, and suspension.
Agreement Term and termination. You may terminate this Agreement at any time by contacting Support through firstname.lastname@example.org. Termination implies that Customer Data will be removed. If you have purchased access to Services then you must pay any amounts due and owing.
Regulatory. In any country where any current or future government regulation or requirement that applies to us, but not generally to businesses operating there, presents a hardship to us operating the Services without change, and/or causes us to believe this Agreement or the Services may be in conflict with any such regulation or requirement, we may change the Services or terminate the Agreement. Your sole remedy for such changes to the Services under this Section is to terminate this Agreement.
Suspension. We may suspend your use of the Services if: (1) reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement under Sections 4 or 8 within a reasonable time; or (3) you violate this Agreement. We will attempt to suspend access to the minimum necessary part of the Services while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate this Agreement and delete your Customer Data without any retention period. We may also terminate your account if your use of the Services is suspended more than twice in any 12-month period.
Termination for non-usage. We may suspend or terminate a Service account after a prolonged period of inactivity. For Services, if you have a free account we may terminate this Agreement and/or delete any Customer Data automatically generated during the Services sign up process if you fail to upload or create any Customer Data within 90 days of your initial provisioning of the Developer Service. We will provide you with notice prior to any account suspension or termination, or Customer Data deletion.
Termination of Access to Documentation Portals. We reserve the right to terminate your access to the Documentation Portals at any time, without notice, for any reason whatsoever.
Warranty. The Service is provided "AS-IS". MyGet and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MyGet nor its suppliers and licensors, makes any warranty that the web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the web site at your own discretion and risk.
Third-party content and materials. MyGet has not reviewed, and cannot review, all of the material, including computer software, posted to the web site, and cannot therefore be responsible for that material's content, use or effects. By operating the web site, MyGet does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MyGet disclaims any responsibility for any harm resulting from the use by visitors of the web site, or from any downloading by those visitors of content there posted.
You agree to indemnify and hold harmless MyGet, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the web site, including but not limited to your violation of this agreement.
In no event will MyGet, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MyGet under this agreement during the twelve (12) month period prior to the cause of action. MyGet shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
No additional rights granted. We reserve all rights not expressly granted under this agreement, and no other rights are granted under this agreement by implication or estoppel or otherwise.
Notices. You agree to receive electronic notices from us related to the Services, which will be sent by email to your specified end user or administrator contact information or presented to you in the Service experience. Notices are effective on the date on the return receipt for mail, the date sent for email, and the date presented if within the Service experience.
Assignment. You may not assign this agreement either in whole or in part.
Severability. If any part of this agreement is held unenforceable, the rest remains in full force and effect.
Waiver. Failure to enforce any provision of this agreement will not constitute a waiver.
No agency. We are independent contractors. This agreement does not create an agency, partnership or joint venture.
No third-party beneficiaries. There are no third-party beneficiaries to this agreement.
Applicable law and venue. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the web site will be governed by the laws of Belgium. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court), any dispute arising under this agreement shall be finally settled, in accordance with the Belgian law, in a Belgian court.
Entire agreement. This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.
International availability. Availability of the Services, including specific features and language versions, may vary by country.
Acquired rights. You will defend us against any claim that arises from (1) any aspect of the current or former employment relationship between you and any of your current or former personnel or contractors or under any collective agreements, including, without limitation, claims for wrongful termination, breach of express or implied employment contracts, or payment of benefits or wages, unfair dismissal costs, or redundancy costs, or (2) any obligations or liabilities whatsoever arising under any national laws or regulations implementing the same, or similar laws or regulations.
Force majeure. Neither party will be liable for any failure in performance due to causes beyond its reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services).
Modifications. We may modify this agreement at any time with or without individual notice to you by posting a revised version on the legal information section of the Services and Documentation Portals (or an alternate site we identify), or by notifying you in accordance with Section 10. Any modifications will be effective upon your continued use of a Service.
Any reference in this agreement to "day" will be a calendar day.
"Affiliate" means any legal entity that a party owns or that owns a party, with a 50% or greater interest.
"Content" means software, software components, software source code documents, photographs, videos, and other graphical, textual, or audio-visual content that may be subject to copyright protection.
"Customer Data" means any Content or other data, including all text, sound, software, or image files that are provided to us by, or on behalf of, you through your use of the Services for use by you or your authorized users. Customer Data does not include Submissions or any other Content or data that you submit to the Documentation Portals or otherwise provide via the Services for public access.
"Services" means the www.myget.org website, websites hosted under the .myget.org domain and other services we identify as governed by this Agreement.
"Services Software" means MyGet software we provide to you as part of the Services for use with the Services.
"Documentation Portals" means the MyGet content and marketing site available at www.myget.org, docs.myget.org, www.github.com/myget, www.twitter.com/MyGetTeam or at alternate sites we identify.
"MyGet Content" means Content on the Services provided by MyGet and its suppliers.
"MyGet Software" means MyGet software and computer code, including sample code and Services Software.
"Non-MyGet Product" is any software, data, service, website or other product licensed, sold or otherwise provided to you by an entity other than us, whether you obtained it via our Services or elsewhere.
"Offer Details" means the pricing and related terms applicable to paid for Services.
"Preview" means preview, beta, or other pre-release versions of the Services or Services Software offered by MyGet.
"Privacy Statement" means the Services privacy statement at https://www.myget.org/site/Privacy.
"Disclaimer" means the Disclaimer document at https://www.myget.org/site/Disclaimer
"Services" means the Services, Documentation Portals, the www.myget.org website and MyGet Software we make available to you under this Agreement.
"Submissions" means Content, code, comments, feedback, suggestions, information or materials that you provide via the Documentation Portals or any Services for public access (rather than for your personal use or use by your authorized users). Submissions do not include Customer Data.
"Subscription" means a per-user based subscription, trial, or other MyGet granted benefit that permits access to and account services for the Services.
"we" and "us" means the MyGet entity and its Affiliates, as appropriate.
"you" and "your" means the person or entity accepting this Agreement to use the Services.