Updates to TensorBoard.dev’s Additional Terms of Service
On January 19, 2022, we updated our TensorBoard.dev 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 TensorBoard.dev. You can access the Archived Terms here.
At a glance, this update covers:
* 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 TensorBoard.dev after this date, you are agreeing to the updated Additional Terms.
Thank you for being part of the TensorFlow community!
TensorBoard.dev Additional Terms of Service
Please read the Terms carefully, starting with the Universal Terms. TensorBoard.dev is a “service” as defined in the Universal Terms.
The Terms establish what you can expect from us as you use TensorBoard.dev, and what we expect from you, and they form a binding agreement between you and Google related to your use of TensorBoard.dev.
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”.
All defined terms in the Universal Terms also apply to these TensorBoard.dev Additional Terms, along with the following definitions:
“content” means any content provided, uploaded, shared, featured, or displayed through TensorBoard.dev, 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 TensorBoard.dev - whether that content belongs to you, Google or other people or organizations.
“high risk activities” means activities where the use or failure of the TensorBoard.dev 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.
“TensorBoard.dev” means (a) the TensorBoard.dev website located at https://tensorboard.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
1. Basic Rules of Conduct
The section in the Universal Terms called “respect others” outlines the basic rules of conduct that apply to your use of TensorBoard.dev. You are responsible for (a) ensuring that your use of TensorBoard.dev 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.
2. 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 TensorBoard.dev 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”).
3. Conduct Restrictions
(a) You agree to not use TensorBoard.dev (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 TensorBoard.dev or the equipment used to provide TensorBoard.dev;
* disable, interfere with or circumvent any aspect of TensorBoard.dev;
* use TensorBoard.dev or any interfaces provided by TensorBoard.dev 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 those terms are defined in HIPAA.
* contravene any widely accepted principles of international law and human rights; or
* use TensorBoard.dev or any content to directly or indirectly create, train, or improve a substantially similar service to TensorBoard.dev (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 TensorBoard.dev without our express written permission in advance.
4. Third Party Terms
In some situations, third party terms may apply to your use of TensorBoard.dev. 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 TensorBoard.dev; or (c) content owned by us or third parties (but featured in or linked from TensorBoard.dev) may provide different or additional terms of service. If those additional terms conflict with these TensorBoard.dev Additional Terms or provisions in the other Terms, the more specific terms apply to the relevant content.
Scraping refers to extracting data from TensorBoard.dev via any process, including an automated process such as a bot or webcrawler. You may only scrape TensorBoard.dev 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 TensorBoard.dev for any other purposes, including spamming purposes, or for the purposes of selling TensorBoard.dev users' personal information for other uses, such as use by recruiters, headhunters, and job boards.
6. Excessive Bandwidth Use
If we determine in our sole discretion that the bandwidth usage of your Google Account in connection with your use of TensorBoard.dev is significantly excessive in relation to other users, we reserve the right to suspend your Google Account or throttle TensorBoard.dev services related to your Google Account until you can reduce your bandwidth consumption.
C. Content Rights and Obligations
1. Responsibility for Your Content
You may create or upload content while using TensorBoard.dev in compliance with the Terms. Any content that you upload, submit, store, send, or receive through TensorBoard.dev (your content) is subject to the Universal Terms, including the license in the “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 TensorBoard.dev, regardless of the form of your content. We are not responsible for any public display or misuse of your content.
2. TensorBoard.dev May Remove Content
We do not pre-screen user-generated content on TensorBoard.dev, 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.
3. License Grant to Us
In addition to the “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 TensorBoard.dev 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.
4. 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 TensorBoard.dev the following “MIT license” to such content:
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.”
5. 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.
6. 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 TensorBoard.dev.
7. Use of Your Content
8. 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” (which says we retain any intellectual property rights we have in the services, including TensorBoard.dev); (c) “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 TensorBoard.dev Additional Terms; (d) “Google content” (which states that if you want to use our branding or logos, including those for TensorBoard.dev, please see the Google Brand Permissions page); and (e) “Your content” (which describes what to do if you think someone is infringing your intellectual property rights, how to send us a notice of infringement, and how to access our Copyright Help Center).
E. General Terms
In addition to those included in the Universal Terms, the following apply to your use of TensorBoard.dev:
You are permitted to state publicly that you are a user of TensorBoard.dev, consistent with the Google Brand Permissions page. If you want to display TensorBoard.dev branding or logos in connection with your use of TensorBoard.dev or in any other manner, you must obtain written permission from us through the process specified on the Google Brand 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 TensorBoard.dev 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 in and to such branding or logos. A party may revoke the other party’s right to use its branding and logos under these TensorBoard.dev Additional Terms by providing written notice to the other party and a reasonable period to stop the use.
2. 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 TENSORBOARD.DEV 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 TENSORBOARD.DEV. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ANY CONTENT YOU UPLOAD TO OR ACCESS VIA TENSORBOARD.DEV. WE AND OUR SUPPLIERS AND LICENSEES DO NOT WARRANT THAT THE OPERATION OF TENSORBOARD.DEV OR ANY CONTENT WILL BE ERROR-FREE, MALWARE- FREE, OR UNINTERRUPTED. TENSORBOARD.DEV AND ALL CONTENT ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
All legal notices to us must be emailed to Our Legal Department at firstname.lastname@example.org. 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).
4. Government Users
If you are using TensorBoard.dev on behalf of a government entity, the following terms apply:
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.
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 TENSORBOARD.DEV ADDITIONAL TERMS) OR THE TENSORBOARD.DEV 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 TENSORBOARD.DEV ADDITIONAL TERMS) OR THE TENSORBOARD.DEV 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.”
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.
5. U.S. Federal Agency Users
TensorBoard.dev 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.
6. Term and Termination
The Terms will continue to apply to your use of TensorBoard.dev until terminated by either you or Google as set forth in the Universal Terms and this paragraph. If you want to terminate these TensorBoard.dev Additional Terms, you may do so by deleting your Google Account and ceasing to use and access TensorBoard.dev.
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.