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Merge pull request github#206 from github/minor-updates-fall-2019
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Minor Updates - Fall 2019
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mlinksva authored Jan 25, 2020
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5 changes: 2 additions & 3 deletions Policies/github-corporate-terms-of-service.md
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title: GitHub Corporate Terms of Service
productVersions:
dotcom: '*'
englishOnly: true
redirect_from:
- /articles/github-corporate-terms-of-service
---
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GitHub may only access Customer’s Private Repositories (i) with Customer’s consent and knowledge, for support reasons or (ii) when access is required for security reasons. Customer may choose to enable additional access to its Private Repositories. For example, Customer may enable various GitHub services or features that require additional rights to Customer Content in Private Repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat Customer Content in Customer’s Private Repositories as Customer’s Confidential Information. If those services or features require rights in addition to those it needs to provide the Service, GitHub will provide an explanation of those rights.

#### 4. Exclusions
If GitHub has reason to believe the Content of a Private Repository is in violation of the law or of this Agreement, GitHub has the right to access, review, and remove that Content. Additionally, GitHub may be [compelled by law](/articles/github-privacy-statement/#how-we-respond-to-compelled-disclosure) to disclose the Content of Customer’s Private Repositories. Unless otherwise bound by requirements under law or if in response to a security threat or other risk to security, GitHub will provide notice of such actions.
If GitHub has reason to believe the Content of a Private Repository is in violation of the law or of this Agreement, GitHub has the right to access, review, and remove that Content. Additionally, GitHub may be [compelled by law](/github/site-policy/github-privacy-statement#for-legal-disclosure) to disclose the Content of Customer’s Private Repositories. Unless otherwise bound by requirements under law or if in response to a security threat or other risk to security, GitHub will provide notice of such actions.

### F. Intellectual Property Notice

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**_Limitation of Total Liability._ To the maximum extent permitted by applicable law, in no event will either party's total cumulative liability under this Agreement from all causes of action and all theories of liability exceed the Fees Customer has actually paid to GitHub during the 12 months preceding the claim giving rise to such liability. For products and services (including use of the Products) that are provided free of charge, GitHub’s liability is limited to direct damages up to $5,000.00 USD. For Beta Previews, GitHub's liability is limited to direct damages up to $500.00 USD.**

**_Exclusions._ The exclusions and limitations set forth in this Section N will not apply to liability arising out of (1) a Party’s breach of its confidentiality obligations in Section P (except for all liability related to Content (excluding GitHub Content), which will remain subject to the limitations and exclusions above) or (2) a Party’s breach of its defense obligations in Section O.**
**_Exclusions._ The exclusions and limitations set forth in this Section N will not apply to liability arising out of (1) a Party’s breach of its confidentiality obligations in Section P (except for all liability related to Content (excluding GitHub Content), which will remain subject to the limitations and exclusions above) or (2) a Party’s defense obligations in Section O.**

### O. Defense of Claims; Release

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9 changes: 5 additions & 4 deletions Policies/github-marketplace-terms-of-service.md
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title: GitHub Marketplace Terms of Service
productVersions:
dotcom: '*'
englishOnly: true
redirect_from:
- /articles/github-marketplace-terms-of-service
---

Welcome to GitHub Marketplace ("Marketplace")! We're happy you're here. Please read these Terms of Service ("Marketplace Terms") carefully before accessing or using GitHub Marketplace. GitHub Marketplace is a platform that allows you to purchase developer products (for free or for a charge) that can be used with your GitHub.com account ("Developer Products"). Although sold by GitHub, Inc. ("GitHub", "we", "us"), Developer Products may be developed and maintained by either GitHub or by third-party software providers, and may require you to agree to a separate terms of service. Your use and/or purchase of Developer Products is subject to these Marketplace Terms and to the applicable fees and may also be subject to additional terms as provided by the third party licensor of that Developer Product (the "Product Provider").
Expand Down Expand Up @@ -31,11 +32,11 @@ We are not a party to the agreement between you and the Product Provider with re

### D. Payment, Billing Schedule, and Cancellation

All payments for Developer Products will go through GitHub. The terms of your payment and fees will be governed by [Section L. Payment](/articles/github-terms-of-service/#l-payment), or the analogous section of your applicable GitHub Terms. By using the Marketplace, you agree to pay GitHub any charge incurred in connection with your purchase of the Developer Product. Each purchase is an electronic contract between you and GitHub, and you and the Product Provider. You are responsible for providing us with a valid means of payment for purchases of Developer Products. If you are only purchasing free Developer Products, you are not required to provide payment information.
All payments for Developer Products will go through GitHub. The terms of your payment and fees will be governed by [Section K. Payment](/articles/github-terms-of-service/#k-payment), or the analogous section of your applicable GitHub Terms. By using the Marketplace, you agree to pay GitHub any charge incurred in connection with your purchase of the Developer Product. Each purchase is an electronic contract between you and GitHub, and you and the Product Provider. You are responsible for providing us with a valid means of payment for purchases of Developer Products. If you are only purchasing free Developer Products, you are not required to provide payment information.

**Billing Schedule; No Refunds.** Your payment schedule is determined by the payment schedule you chose when you created your GitHub account (e.g. free, monthly, annual). For monthly or yearly payment plans, Marketplace purchases are billed in advance on a monthly or yearly basis respectively and are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused; however, the service will remain active for the length of the paid billing period. If you would like to cancel the Developer Product services, you can do so by going into your Settings in the global navigation bar at the top of the screen.

If you would have a question, concern, or dispute regarding your billing, please contact [GitHub Support](https://github.com/contact).
If you would have a question, concern, or dispute regarding your billing, please contact [GitHub Support](https://support.github.com/contact).

### E. Your Data and GitHub's Privacy Policy

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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).
7. **Contact Us.** Questions about the Marketplace Terms? [Contact us](https://support.github.com/contact).
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