Effective as of: November 1, 2020
These Container Registry Terms of Service (these “Terms”) apply to the features and functions provided by 8gears Ltd.(“8gears,” “our,” or “we”) via container-registry.com, private-docker-registry.com, c8n.io and c8n.me (the “Site”, “Service”, collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use any of the Services. The “Effective Date” of these Terms is the date you first access any of the Services.
If you are accessing the Services in your capacity as an employee, consultant or agent of a company (or other entity), you represent that you are an employee, consultant or agent of such company (or other entity) and you have the authority to agree (and be legally bound) on behalf of such company (or other entity) to all of the terms and conditions of these Terms.
For the purpose of these Terms, you and, if applicable, such company (or other entity) constitutes “Customer” or “you”.
8gears reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of 8gears) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site, posting the revised Terms on the Site and revising the date at the top of these Terms or such other form of notice as determined by 8gears. Any changes or modifications will be effective 30 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of any of the Services following the Notice Period will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Services.
These terms form a binding agreement between you and 8gears.
In order to access the Services, you must complete the 8gears registration form provided via the Site.
During the registration process, you must select a 8gears package which includes: (a) the monthly or annual period during which you can access the Services (the “Subscription Period”); and (b) the monthly or annual fee you must pay to 8gears in exchange for your rights to the Services (the “Subscription Fees”). All such information is incorporated into these Terms by reference.
You agree to: (a) provide accurate, current and complete information about you as may be prompted by the registration forms via the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to 8gears, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to 8gears.
You are responsible for safeguarding the password that you use to access the Services, and you agree to be fully responsible for activities or transactions that relate to your account and password
Subject to the terms and conditions of these Terms, 8gears grants you a limited, non-transferable, non-exclusive and revocable right and license to access and use the Services.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services (or any components thereof), (c) use the Services to store or transmit any viruses, software routines or other code designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions, (d) build a competitive product or service, or copy any features or functions of the Services, (e) interfere with or disrupt the integrity or performance of the Services, (f) disclose to any third party any performance information or analysis relating to the Services, (g) remove, alter or obscure any proprietary notices in or on the Services, including copyright notices, or (h) cause or permit any third party to do any of the foregoing.
If you share your repository, publish images, code or content, or otherwise make (or allow any third party to make) material available by means of the Site (“Content”), you are entirely responsible for such Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content or computer code to 8gears for inclusion in your repositories, you grant 8gears a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing the services you request. If you delete Content, 8gears will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, 8gears has the right (though not the obligation) to, in 8gears’ sole discretion (a) refuse or remove any content that, in 8gears’ reasonable opinion, violates any 8gears policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Site to any individual or entity for any reason, in 8gears’ sole discretion. 8gears will have no obligation to provide a refund of any amounts previously paid.
Information related to accepted payment methods are made available during the purchasing process.
In exchange for your rights to the Services, you will pay to 8gears the Subscription Fees. The Subscription Fees do not include taxes, and the Subscription Fees are payable in advance in accordance with your Container Registry Plan.
Unless 8gears states otherwise, all payments must be made (a) in Euro; and (b) by payment card via an authorized 8gears payment processor. If you pay via a payment card, you hereby (i) authorize 8gears (or its authorized payment processor) to make automatic recurring charges to your designated payment card number in the applicable amount of the Subscription Fees on an annual or monthly basis (as applicable) for the duration of the Subscription Period, (ii) represent and warrant that you are authorized to use and have fees charged to the payment card number you provide to 8gears, and (iii) understand that you may withdraw this consent by contact form on container-registry.com/contact/. Accounts can be canceled at any time in the Customer self-service Portal. No refunds will be issued (unless expressly stated otherwise).
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Container Registry.
All payments are independently processed through third-party services. Therefore, 8gears does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, 8gears shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Interest on any late payments will accrue at the rate of 1.5% per month, or the highest rate permitted by law, whichever is lower, from the date such amount is due until the date such amount is paid in full. You will be responsible for, and will pay all sales and similar taxes on, all license fees and similar fees levied upon the provision of the Services provided under these Terms, excluding only taxes based solely on 8gears’ net income. You will indemnify and hold 8gears harmless from and against any and all such taxes and related amounts levied upon the provision of the Services and any costs associated with the collection or withholding thereof, including penalties and interest.
8gears disclaims any and all representations or warranties (express or implied, oral or written) with respect to these terms, services and any open source software (as defined below), whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise. Notwithstanding any terms to the contrary in these terms, company acknowledges and agrees that 8gears may modify the features of the services from time-to-time at 8gears’ sole discretion.
You agree, at your sole expense, to defend, indemnify and hold 8gears (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of your Content or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).
In no event will (a) 8gears’ total liability arising out of or related to these terms exceed the total amount paid by you to 8gears under these terms the six months immediately prior to the accrual of the first claim, and (b) 8gears be liable to you or any third party for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, or any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of, or in connection with these terms, whether in contract, tort, strict liability or otherwise, even if such party has been advised or is otherwise aware of the possibility of such damages. Multiple claims will not expand this limitation. This section (limitation of liability) will be given full effect even if any remedy specified in these terms is deemed to have failed of its essential purpose.
As between the parties and subject to Section 5 (Your Responsibilities), you own all right, title and interest in and to the Content and any and all Intellectual Property Rights (as defined below) embodied in or related to the foregoing. As between the parties and subject to Section 3 (Services), 8gears owns all right, title and interest in and to the Services and any and all Intellectual Property Rights (as defined below) embodied in or related to the foregoing. 8gears reserves all rights not expressly granted in these Terms, and no licenses are granted by 8gears to you or any other party under these Terms, whether by implication, estoppel or otherwise, except as expressly set forth in these Terms. For the purpose of these Terms, “Intellectual Property Rights” means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
Unless earlier terminated as set forth in these Terms, the term of these Terms commences upon the Effective Date and continues for the Subscription Period, and thereafter the term of these Terms automatically renews for one or more additional Subscription Periods unless a party terminates these Terms with no less than 15 days advance written notice prior to the close of the then-current term. Further, 8gears may terminate or deny access to and use of the Services if 8gears reasonably believes you have violate any of the terms or conditions of these Terms. Upon any termination of these Terms, your rights to the Services will immediately cease.
8gears users may report content that appears on/via the Site or Services to 8gears that he/she thinks violates these Terms, and 8gears may remove such content, suspend or terminate the account of the user who made posted such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, 8gears has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. 8gears also may, at its discretion, limit access to the Services and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think that anything on the Services infringes upon any copyright that you own or control, you may file a notification with 8gears’ Designated Agent as set forth below:
For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Docker to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, 8gears or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to the material or activity.
Any suggestions, comments, or other feedback provided by you to 8gears with respect to the Services or 8gears (collectively, “Feedback”) will constitute confidential information of 8gears. 8gears will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray 8gears or any of its products and services in a false, misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable. This limited right may be revoked at any time. 8gears makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Services or Site. 8gears provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by 8gears of the corresponding site or any information contained in (or made available via) that site. When you leave the Site, 8gears’ terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.
8gears’ name, trademarks, logos, and any other 8gears product, service name, or slogan included in the Site are property of 8gears and may not be copied, imitated, or used (in whole or in part) without 8gears’ prior written consent. The look and feel of the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of 8gears and may not be copied, imitated, or used (in whole or in part) without 8gears’ prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by 8gears and its licensors with such company or an endorsement or approval by such company of 8gears or its licensors or their respective products or services.
These Terms (together with all terms incorporated in by reference) are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of these Terms.
These Terms will be governed by and construed in accordance with the laws of Switzerland applicable to agreements made and to be entirely performed within Switzerland, without resort to its conflict of law provisions. The federal court in Zürich, Switzerland will be the jurisdiction in which any suits should be filed if they relate to these Terms. Prior to the filing or initiation of any action or proceeding relating to these Terms, the parties must participate in good faith mediation in Zürich, Switzerland. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.
You consent to 8gears’ use of your name and/or logo on the 8gears website, identifying you as a customer of 8gears and describing your use of the Services notwithstanding any terms to the contrary in these Terms. You agree that 8gears may issue a press release identifying you as customer of 8gears.
Neither these Terms nor any right or duty under these Terms may be transferred, assigned or delegated by you, by operation of law or otherwise, without the prior written consent of 8gears, and any attempted transfer, assignment or delegation without such consent will be void and without effect. 8gears may freely transfer, assign or delegate these Terms or its rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
Unless expressly stated otherwise stated in your standard service terms, no modification, addition or deletion, or waiver of any rights under these Terms will be binding on a party unless clearly understood by the parties to be a modification or waiver and signed by a duly authorized representative of each party. No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default.
8gears may choose to electronically deliver all communications with you, which may include email to the email address you provide to 8gears. 8gears’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law and any other notices. You agree to do business electronically with 8gears and to receive electronically all current and future notices, disclosures, communications and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Except for payments due under these Terms, neither party will be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by 8gears to host the Services or to link its servers to the Internet, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.