Title: [Bad] Cannot sue Gittip for breach of ToS or misuse of payment card information or submissions Topic: waiver Summary: This is standard hold harmless language, with addition of a clause protecting against any possible violation of PCI rules. Score: 25
> You agree to defend, indemnify and hold harmless Gittip, its independent > contractors, service providers and consultants, and their respective > directors, employees and agents, from and against any claims, damages, costs, > liabilities and expenses (including, but not limited to, reasonable > attorneys' fees) arising out of or related to (a) any actual or alleged > breach of these Terms, the Terms of Service, or any other Gittip agreement, > policy or guideline (b) any actual or alleged violation of applicable laws or > rules of any payment card association, network or company; (c) your wrongful > or improper use of the Site; (d) any Submission or transaction submitted by > you; or (e) your violation of the rights of any third party. Discussion: I mark this as "bad" because Gittip is essentially not taking any responsibility for misuse of credit card information. Fortunately for Gittip, all of its payment information is kept by a third party. With that in mind, it may be wise for Gittip to state that fact somehow. Note: This is a part of the series of ratings as a part of gittip issue #1898. https://github.com/gittip/www.gittip.com/issues/1898 References: Gittip Terms of Service https://www.gittip.com/about/terms/ Gittip Privacy Policy https://www.gittip.com/about/privacy/ License Statement: I hereby license this contribution under CC BY-SA 3.0 license in accordance with the TOS;DR contributor terms. Where possible, I waive all rights to this contribution under the CC0 Public Domain license. http://tosdr.org/legal.html#contributor-terms -- tosdr.org | twitter.com/tosdr | github.com/tosdr --- You received this message because you are subscribed to the Google Groups "Terms of Service; Didn't Read" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. Visit this group at http://groups.google.com/group/tosdr. For more options, visit https://groups.google.com/groups/opt_out.
