Terms of Service

Thank you for using Ship! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using Ship. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

The Real Artists Terms of Service

Effective date: December 13, 2017

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.

The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the Real Artists Privacy Statement, available at realartists.com/policy/privacy-statement.html) and procedures that we may publish from time to time on the Website. Most of our site policies are available at realartists.com/policy/index.html.
The "Service" refers to the applications, software, products, and services provided by Real Artists.
The "Website" refers to Real Artists' website located at realartists.com, and all content, services, and products provided by Real Artists at or through the Website. It also refers to Real Artists-owned subdomains of realartists.com, such as https://hub.realartists.com/, and to https://shipusercontent.com/.
"The User," "You," and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age.
"Real Artists," "We," and "Us" refer to Real Artists, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
"Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

B. Account Terms

Short version: A human must create your account; and you must be 13 or over; You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must link to a valid GitHub account to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

2. Account Requirements

We have a few simple rules for accounts on Real Artists' Service.

You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted.
You must be age 13 or older. Real Artists does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
Overall, the number of Users must not exceed the number of accounts you've ordered from us.

3. User Account Security

You are responsible for keeping your account secure while you use our Service. The content of your account and its security are up to you.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
You are responsible for maintaining the security of your linked GitHub account and password. Real Artists cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify Real Artists if you become aware of any unauthorized use of, or access to, our Service through your account.
You can revoke Real Artists' access to your GitHub account at any time in your personal GitHub account settings or your organization account settings

C. Acceptable Use

Short version: While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

is unlawful or promotes unlawful activities;
is or contains sexually obscene content;
is libelous, defamatory, or fraudulent;
contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using The Services, you agree that you will not under any circumstances:

harass, abuse, threaten, or incite violence towards any individual or group, including Real Artists employees, officers, and agents, or other Ship Users;
use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
attempt to disrupt or tamper with Real Artists' servers in ways that could harm our Website or Service, to place undue burden on Real Artists' servers through automated means, or to access Real Artists' Service in ways that exceed your authorization.
impersonate any person or entity, including any of our employees or representatives, including through false association with Real Artists, or by fraudulently misrepresenting your identity or site's purpose; or
violate the privacy of any third party, such as by posting another person's personal information without consent.

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Real Artists' express written permission.

5. Scraping

Scraping refers to extracting data from our Website (including websocket connections) via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Ship's API. Please see Section H for our API Terms. You may not scrape the website for any reason.

You may not scrape Ship for spamming purposes, including for the purposes of selling Ship users' personal information, such as to recruiters, headhunters, and job boards.

6. Privacy

Misuse of Ship Users' Personal Information is prohibited.

Any person, entity, or service collecting data from Real Artists must comply with the Real Artists Privacy Statement and GitHub Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Real Artists Privacy Statement). If you collect any Ship User's Personal Information from GitHub, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Real Artists, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Real Artists or Real Artists' Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Ship customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.

8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

D. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Real Artists May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Real Artists terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Ship Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting Real Artists the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant Real Artists the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including issues, comments, and other contributions to other Users' repositories, may be viewed by others.

If post content to a public repository, you grant each User of Ship a nonexclusive, worldwide license to use, display, and perform Your Content through the Ship and GitHub Services and to reproduce Your Content solely on Ship and GitHub as permitted through Ship's and GitHub's functionality. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Ship and GitHub Users.

6. Contributions Under Repository License

Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede.

Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.

7. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Real Artists the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Private Repositories

Short version: You may have access to private repositories. We treat the content of private repositories as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

1. Control of Private Repositories.

Some accounts, such as paid accounts, may have access to private repositories, which allow the linked GitHub User to control access to Content.

2. Confidentiality of Private Repositories.

Real Artists considers the contents of private repositories to be confidential to you. Real Artists will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care. Real Artists will only request required information from private repositories, such as and pull request templates or issue templates. Any information from private repositories not required to provide the Ship service, such as the changed content in push webhook events, is immediately discarded.

3. Access.

Real Artists employees may only access the content of your private repositories in the following situations:

With your consent and knowledge, for support reasons. If Real Artists accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge.
When access is required for security reasons.

4. Exclusions.

If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private repositories.

F. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on Ship violates your rights, please contact us via copyright@realartists.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.

G. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Real Artists' Rights to Content

Real Artists and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Real Artists, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Real Artists.

3. License to Real Artists Policies

This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.

H. API Terms

Short version: You agree to these Terms of Service, plus this Section H, when using any of Real Artists' APIs (Application Provider Interface).

No Abuse or Overuse of the API

Abuse or excessively frequent requests to Ship via the API may result in the temporary or permanent suspension of your account's access to the API. Real Artists, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not use the API to download data or Content from Ship for spamming purposes, including for the purposes of selling Ship users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Ship API is subject to these Terms of Service and the Real Artists Privacy Statement.

L. Payment

Short version: You are responsible for any fees associated with your use of Ship. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

Our pricing and payment terms are available at realartists.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

We will immediately bill you when you upgrade from the free plan or trial to any paying plan.
If you change from a monthly billing plan to a yearly billing plan, Real Artists will bill you for a full year at the next monthly billing date.
If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
You may change your level of service at any time from withing the Ship application. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation for information on getting a copy of that Content.

3. Billing Schedule; No Refunds

For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, or downgrade refunds; however, the service will remain active for the length of the paid billing period.
In order to treat everyone equally, no exceptions will be made.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Ship.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Real Artists any charge incurred in connection with your use of the Service. If you dispute the matter, contact Real Artists Support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.

M. Cancellation and Termination

Short version: You may close your account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your account with Real Artists. You can cancel your account at any time by emailing support@realartists.com.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your synced GitHub data within 90 days of cancellation or termination (though some information may remain in encrypted backups).

We will not delete Content (such as attachments in comments) that you have contributed to your or other Users' repositories.

Upon request, we will make a reasonable effort to provide an account owner with a copy of their lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. Real Artists May Terminate

Real Artists has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Real Artists reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

N. Communications with Real Artists

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Real Artists Must Be in Writing

Communications made through email or Real Artists Support's messaging system will not constitute legal notice to Real Artists or any of its officers, employees, agents or representatives in any situation where notice to Real Artists is required by contract or any law or regulation. Legal notice to Real Artists must be in writing and served on Real Artists' registered agent.

3. No Phone Support

Real Artists only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

O. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Real Artists provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Real Artists does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

P. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

the use, disclosure, or display of your User-Generated Content;
your use or inability to use the Service;
any modification, price change, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any other user interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Q. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Real Artists from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Real Artists (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Real Artists of all liability); and (3) provides to you all reasonable assistance, at your expense.

R. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

S. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Real Artists and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Real Artists agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Mountain View, California and County of Santa Clara, California.

2. Non-Assignability

Real Artists may assign or delegate these Terms of Service and/or the Real Artists Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Real Artists to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Real Artists, or by the posting by Real Artists of a revised version in accordance with Section R. Changes to These Terms. These Terms of Service, together with the Real Artists Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Real Artists relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Questions about the Terms of Service? Contact us.