Gittip: [Bad] Cannot sue Gittip for breach of ToS or misuse of payment card information/submission


Service: Gratipay
Status: DECLINED
Case: none
Changes: 2
Source: link
Author: import script Bot


Gittip: [Bad] Cannot sue Gittip for breach of ToS or misuse of payment card information/submission


Comments:
On 2018-05-15 09:12:18 UTC, Deleted wrote:

imported from aLpGkAn4CaM

On 2018-05-23 12:41:28 UTC, Deleted wrote:

https://groups.google.com/forum/#!msg/tosdr/aLpGkAn4CaM/WkjlH_Y928QJ 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

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On 2018-08-30 08:43:03 UTC, import script Bot wrote:

scripted message: please link to a quote

On 2018-09-10 13:47:26 UTC, michielbdejong Staff wrote:

declined: GitTip/ GratiPay was shut down last year, see https://gratipay.news/the-end-cbfba8f50981



We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 1: 2018-09-10 13:47:26 UTC by michielbdejong Staff

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: CHANGES REQUESTED

Updated Status: DECLINED

Version 2: 2018-05-15 09:12:18 UTC by Deleted

Previous Title:

Updated Title: Gittip: [Bad] Cannot sue Gittip for breach of ToS or misuse of payment card information/submission

Previous Analysis:

Updated Analysis: Gittip: [Bad] Cannot sue Gittip for breach of ToS or misuse of payment card information/submission

Previous Status:

Updated Status: PENDING