GitHub Learning Lab Terms and Conditions

These GitHub Learning Lab Terms and Conditions ("Application Terms") are a legal agreement between you (either as an individual or on behalf of an entity) and GitHub, Inc. regarding your use of the GitHub Learning Lab application and associated documentation (the "Application"). These Application Terms along with the terms and conditions of the Terms of Service (the “ToS”) governing your account and plan apply to your access to and use of the Application. To the extent these Application Terms conflict with the ToS, these Application Terms will govern. If you do not agree to all of the terms in these Application Terms, do not access or use the Application.

Connecting to GitHub

If you configure the Application to work with one or more accounts on the GitHub.com website or with an instance of GitHub Enterprise, your use of the Application will also be governed by your applicable GitHub.com website Terms of Service and/or the license agreement applicable to your instance of GitHub Enterprise ("GitHub Terms").

Any use of the Application that violates your applicable GitHub Terms will also be a violation of these Application Terms.

GitHub's Logos

The names GitHub, Atom, the Octocat, GitHub Learning Lab, and related GitHub logos and/or stylized names are trademarks of GitHub. You agree not to display or use these trademarks in any manner without GitHub's prior, written permission, except as allowed by GitHub's Logos and Usage Policy: https://github.com/logos.

Learning Labs for Organizations

Learning Lab for Organizations allows organization owners to create and distribute private courses to authenticated members of their organization. When enabled for an organization you are a member of, private courses you join will be created in a separate organization for Learning Lab purposes. By accepting these terms, you authorize us to create Learning Lab Course Materials in that organization on your behalf and you accept the organization's full ownership of that material, to include updating or removing the course materials and repository.

Course Materials Anything provided to Customer by GitHub, including any and all derivatives thereof (“Course Materials”) shall be owned solely by GitHub; provided, however, that GitHub grants Customer a worldwide, non-exclusive, limited-term, non-transferable, royalty-free license to copy, maintain, use and run (as applicable) the Course Materials, solely for its internal business purposes, associated with its use of the Application. This license grant is subject to any additional open source licensing agreements that may be provided along with the source code.

Customer Created Course Materials Notwithstanding the foregoing, course material originated and created by Customer (“Customer Created Course Materials”) shall be owned solely by Customer; provided, however, that Customer grants GitHub a worldwide, non-exclusive, perpetual, non-transferable, royalty-free license to copy, maintain, use, host, and run (as applicable) on the Service, the Customer Created Course Materials associated with Customer’s use of the Application.

Your use of Course Materials and your creation and storage of Customer Created Course Materials on Learning Lab for Organizations do not constitute joint ownership in either party’s respective intellectual property by the other party.

Privacy

The Application may collect personal information. You may control what information the Application collects in your GitHub.com profile settings panel. If the Application does collect personal information on GitHub's behalf, GitHub will process that information in accordance with the GitHub Privacy Statement.

If you enroll in or are completing a private course through Learning Lab for Organizations, GitHub Learning Lab may share your enrollment information and course progress through completion with the organization admins. This may include individual data such as your GitHub username, course start date, and course end date. Course completion data may also be presented in aggregate form to help guide improvements to the course content. If this organization is governed by the Corporate Terms of Services, then we may also share the aforementioned information directly with the owners of such account.

Disclaimers and Limitations of Liability

THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. GitHub does not warrant that (i) the Application will meet your specific requirements; (ii) the Application is fully compatible with any particular platform; (iii) your use of the Application will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Application will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Application will meet your expectations; or (vi) any errors in the Application will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GITHUB SHALL NOT BE 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) RELATED TO THE APPLICATION, including, for example: (i) the use or the inability to use the Application; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Application; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Application; (v) or any other matter relating to the Application.

GITHUB DISCLAIMS ALL LIABILITY FOR CUSTOMER CREATED COURSE MATERIALS OR ANY COURSE CREATED SOLELY BY CUSTOMER THROUGH USE OF LEARNING LAB. GITHUB HAS THE RIGHT TO REMOVE A COURSE IF IT VIOLATES OUR ACCEPTABLE USE POLICY OR CONTENT RESTRICTIONS AS SET FORTH IN THE TOS. GITHUB MAY UNPUBLISH A COURSE AND REQUEST UPDATES IF A COURSE IS NOT WORKING PROPERLY AND/OR CAUSING USER COMPLAINTS.

GitHub further reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. GitHub shall not be liable to you or to any third-party for any price change, suspension or discontinuance of the Application.

Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Application, and such payment shall be governed by your purchasing plan, order form, and the ToS.

Miscellaneous

  1. Capitalized Terms. All capitalized terms not defined herein will be assigned the definition provided in the ToS governing your account and/or applicable organization(s).

  2. No Waiver. The failure of GitHub to exercise or enforce any right or provision of these Application Terms shall not constitute a waiver of such right or provision.

  3. Governing Law. You agree that these Application Terms and your use of the Application are governed under California law and any dispute related to the Application must be brought in a tribunal of competent jurisdiction located in or near San Francisco, California.

  4. 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 GitHub Terms and GitHub's Privacy Statement, represent the complete and exclusive statement of the agreement between you and us and governs your use of the Application. 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 (including, but not limited to, any prior versions of the Application Terms).

  5. License to GitHub Policies. These Application Terms are licensed under this Creative Commons Zero license. For details, see our site-policy repository.

  6. Contact Us. Questions about the Terms of Service? Contact us.

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