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Merge pull request #88 from github/github-minor-update-october-2017
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21 changes: 10 additions & 11 deletions Policies/github-corporate-terms-of-service.md
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Expand Up @@ -29,7 +29,7 @@ Thank you for choosing GitHub for your company's business needs. Please read our
| [S. Miscellaneous](#s-miscellaneous) | Please see this section for legal details including our choice of law. |

### The GitHub Corporate Terms of Service
Effective date: August 7, 2017
Effective date: October 11, 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. There's not going to be a test on it, but it's still useful information.*
Expand Down Expand Up @@ -166,14 +166,19 @@ To the extent this agreement is not enforceable by applicable law, you grant Git

#### 1. Control of Private Repositories.
Some accounts, such as paid accounts, may have private repositories, which allow the User to control access to Content.

#### 2. Confidentiality of Private Repositories.
GitHub considers the contents of private repositories to be confidential to you. GitHub 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.

#### 3. Access.
GitHub employees may only access the content of your private repositories in the following situations:
- With your consent and knowledge, for support reasons. If GitHub 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.

You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; GitHub is not liable for disclosures to third parties that you authorize to access a private repository.
You may choose to enable additional access to your private repositories. For example:
- You may enable various GitHub services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the GitHub Service, we will provide an explanation of those rights.
- You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; GitHub is not liable for disclosures to third parties that you authorize to access a private repository.

#### 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](/articles/github-privacy-statement/#how-we-respond-to-compelled-disclosure) to disclose the contents of your private repositories.

Expand All @@ -192,15 +197,12 @@ GitHub and our licensors, vendors, agents, and/or our content providers retain o
If you’d like to use GitHub’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://github.com/logos.

#### 3. License to GitHub Policies
This Agreement is licensed under the [Creative Commons Attribution license](https://creativecommons.org/licenses/by/4.0/). You may use it freely under the terms of the Creative Commons license.
This Agreement is licensed under this [Creative Commons Zero license](https://creativecommons.org/publicdomain/zero/1.0/). For details, see our [site-policy repository](https://github.com/github/site-policy#license).

### H. API Terms
**Short version:** *You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.*

#### 1. Limitation of Liability for API Use
You understand and agree that GitHub is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if GitHub has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

#### 2. No Abuse or Overuse of the API
#### No Abuse or Overuse of the API
Abuse or excessively frequent requests to GitHub via the API may result in the temporary or permanent suspension of your account's access to the API. GitHub, 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 share API tokens to exceed GitHub's rate limitations.
Expand All @@ -211,9 +213,6 @@ All use of the GitHub API is subject to these Terms of Service and the [GitHub P

GitHub may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of GitHub's Service.

#### 3. GitHub May Terminate Your Use of the API
We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API or any part of it with or without notice.

### I. Additional Terms for GitHub Pages
**Short version:** *The GitHub Pages hosting service is subject to certain rules, in addition to the rest of the Terms.*

Expand Down Expand Up @@ -276,7 +275,7 @@ It is your responsibility to properly cancel your account with GitHub. You can [
#### 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 full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.
We will not delete Content that you have contributed to other users' repositories or that other users have forked.

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

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4 changes: 2 additions & 2 deletions Policies/github-marketplace-terms-of-service.md
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Expand Up @@ -6,7 +6,7 @@ Welcome to GitHub Marketplace ("Marketplace")! We're happy you're here. Please r

By using Marketplace, you are agreeing to be bound by these Marketplace Terms.

Effective Date: August 7, 2017
Effective Date: October 11, 2017

### A. GitHub.com's Terms of Service

Expand Down Expand Up @@ -78,6 +78,6 @@ You agree to indemnify us, defend us, and hold us harmless from and against any

5. **Section Headings.** Throughout these Marketplace Terms, each section includes titles of the following terms and conditions. These section titles are not legally binding.

6. **License to GitHub Policies.** These Marketplace Terms are licensed under the [Creative Commons Attribution license](https://creativecommons.org/licenses/by/4.0/). You may use it freely under the terms of the Creative Commons license.
6. **License to GitHub Policies.** These Marketplace Terms are licensed under this [Creative Commons Zero license](https://creativecommons.org/publicdomain/zero/1.0/). For details, see our [site-policy repository](https://github.com/github/site-policy#license).

7. **Contact Us.** Questions about the Marketplace Terms? [Contact us](https://github.com/contact).
Original file line number Diff line number Diff line change
Expand Up @@ -54,6 +54,6 @@ GitHub reserves the right at any time and from time to time to modify or discont

5. No Modifications; Complete Agreement. These Application Terms may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version. These Application Terms, together with any applicable Open Source Licenses and Notices and GitHub's Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Application Terms supersede any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms.

6. License to GitHub Policies. These Application Terms are licensed under the [Creative Commons Attribution license](https://creativecommons.org/licenses/by/4.0/). You may use it freely under the terms of the Creative Commons license.
6. License to GitHub Policies. These Application Terms are licensed under this [Creative Commons Zero license](https://creativecommons.org/publicdomain/zero/1.0/). For details, see our [site-policy repository](https://github.com/github/site-policy#license).

7. Contact Us. Questions about the Terms of Service? [Contact us](https://github.com/contact).
8 changes: 4 additions & 4 deletions Policies/github-privacy-statement.md
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Expand Up @@ -8,7 +8,7 @@ redirect_from:
- /articles/github-privacy-policy/
---

Effective date: **January 26, 2017**
Effective date: **October 11, 2017**

Thanks for entrusting GitHub with your source code, your projects, and your personal information. Holding onto your private information is a serious responsibility, and we want you to know how we're handling it.

Expand Down Expand Up @@ -135,7 +135,7 @@ In the unlikely event that a dispute arises between you and GitHub regarding our

#### Independent Arbitration

Under certain limited circumstances, European Union individuals may invoke binding Privacy Shield arbitration as a last resort if all other forms of dispute resolution have been unsuccessful. To learn more about this method of resolution and its availability to you, please read more about [Privacy Shield](https://www.privacyshield.gov/article?id=ANNEX-I-introduction).
Under certain limited circumstances, European Union individuals may invoke binding Privacy Shield arbitration as a last resort if all other forms of dispute resolution have been unsuccessful. To learn more about this method of resolution and its availability to you, please read more about [Privacy Shield](https://www.privacyshield.gov/article?id=ANNEX-I-introduction).

We are subject to the jurisdiction of the Federal Trade Commission.

Expand All @@ -161,7 +161,7 @@ If you would like to cancel your account or delete your User Personal Informatio

We will use your email address to communicate with you, if you've said that's okay, **and only for the reasons you’ve said that’s okay**. You have a lot of control over how your email address is used and shared on and through GitHub. You may manage your communication preferences in your [user profile](https://github.com/settings/emails).

If you would like your email to remain private, even when you’re commenting on public repositories, you can [create a private email address in your user profile](https://github.com/settings/emails). You can also [update your local Git configuration to use your private email address](/articles/keeping-your-email-address-private/). This will not change how we contact you, but it will affect how others see you.
If you would like your email to remain private, even when you’re commenting on public repositories, you can [create a private email address in your user profile](https://github.com/settings/emails). You can also [update your local Git configuration to use your private email address](/articles/setting-your-commit-email-address-on-github/). This will not change how we contact you, but it will affect how others see you.

Depending on your email settings, GitHub may occasionally send notification emails about changes in a repository you’re watching, new features, requests for feedback, important policy changes, or offer customer support. We also send marketing emails, but only with your consent. There's an unsubscribe link located at the bottom of each of the emails we send you.

Expand All @@ -171,7 +171,7 @@ Our emails might contain a pixel tag, which is a small, clear image that can tel
Although most changes are likely to be minor, GitHub may change our Privacy Statement from time to time. We will provide notification to Users of material changes to this Privacy Statement through our Website at least 30 days prior to the change taking effect by posting a notice on our home page or sending email to the email address specified in your GitHub primary account. For changes to this Privacy Statement that do not affect your rights, we encourage visitors to check this page frequently.

### License
This Privacy Statement is licensed under the [Creative Commons Attribution license](https://creativecommons.org/licenses/by/4.0/). You may use it freely under the terms of the Creative Commons license.
This Privacy Statement is licensed under this [Creative Commons Zero license](https://creativecommons.org/publicdomain/zero/1.0/). For details, see our [site-policy repository](https://github.com/github/site-policy#license).

### Contacting GitHub
Questions regarding GitHub's Privacy Statement or information practices should be directed to our {{ site.data.variables.contact.contact_privacy }}.
16 changes: 6 additions & 10 deletions Policies/github-terms-of-service.md
Original file line number Diff line number Diff line change
Expand Up @@ -34,7 +34,7 @@ Thank you for using GitHub! We're happy you're here. Please read this Terms of S
| [S. Miscellaneous](#s-miscellaneous) | Please see this section for legal details including our choice of law. |

### The GitHub Terms of Service
Effective date: August 7, 2017
Effective date: October 11, 2017


### A. Definitions
Expand Down Expand Up @@ -170,7 +170,9 @@ GitHub employees may only access the content of your private repositories in the
- With your consent and knowledge, for support reasons. If GitHub 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.

You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; GitHub is not liable for disclosures to third parties that you authorize to access a private repository.
You may choose to enable additional access to your private repositories. For example:
- You may enable various GitHub services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the GitHub Service, we will provide an explanation of those rights.
- You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; GitHub is not liable for disclosures to third parties that you authorize to access a private repository.

#### 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](/articles/github-privacy-statement/#how-we-respond-to-compelled-disclosure) to disclose the contents of your private repositories.
Expand All @@ -190,15 +192,12 @@ GitHub and our licensors, vendors, agents, and/or our content providers retain o
If you’d like to use GitHub’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://github.com/logos.

#### 3. License to GitHub Policies
This Agreement is licensed under the [Creative Commons Attribution license](https://creativecommons.org/licenses/by/4.0/). You may use it freely under the terms of the Creative Commons license.
This Agreement is licensed under this [Creative Commons Zero license](https://creativecommons.org/publicdomain/zero/1.0/). For details, see our [site-policy repository](https://github.com/github/site-policy#license).

### H. API Terms
**Short version:** *You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.*

#### 1. Limitation of Liability for API Use
You understand and agree that GitHub is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if GitHub has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

#### 2. No Abuse or Overuse of the API
#### No Abuse or Overuse of the API
Abuse or excessively frequent requests to GitHub via the API may result in the temporary or permanent suspension of your account's access to the API. GitHub, 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 share API tokens to exceed GitHub's rate limitations.
Expand All @@ -209,9 +208,6 @@ All use of the GitHub API is subject to these Terms of Service and the [GitHub P

GitHub may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of GitHub's Service.

#### 3. GitHub May Terminate Your Use of the API
We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API or any part of it with or without notice.

### I. Additional Terms for GitHub Pages
**Short version:** *The GitHub Pages hosting service is subject to certain rules, in addition to the rest of the Terms.*

Expand Down

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