Merge pull request #979 from github/automated-sync-9599449187

Sync changes from GitHub Docs

Policies/privacy-policies/github-octernships-terms-of-service.md

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----
-title: GitHub Octernships Terms of Service
-versions:
-  fpt: '*'
-topics:
-  - Policy
-  - Legal
----
-
-
-## Terms and conditions
-
-GITHUB HAS INVITED YOU TO PARTICIPATE IN THE GITHUB OCTERNSHIPS PROGRAM (“THE PROGRAM”). BY ACCEPTING GITHUB’S INVITATION TO PARTICIPATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE FOLLOWING GITHUB OCTERNSHIPS PROGRAM TERMS AND CONDITIONS (“TERMS AND CONDITIONS”):
-
-When you click "I agree", “I accept”, or similar buttons, you accept all the terms and conditions of this Agreement.
-
-## 1. Compensation or benefits
-
-The Program is offered to verified students on GitHub Education in countries where the program is available. As a participant, you will not be considered an employee or intern of GitHub. You will be entitled to 1 (minimum) to 6 (maximum)  months internship along with stipend of 500 USD/month by the partner organization (“Partner Organization”). GitHub and the Partner Organization are collectively referred to as the “Octernships Partners.” You will not be entitled to any compensation or benefits paid or made available by the Octernships Partner to their respective employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by the Octernship Partners pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
-
-## 2. Ownership and likeness
-
-### 2.1 Ownership
-
-You hereby grant the Octernships Partners a non-exclusive, irrevocable, perpetual, royalty-free, worldwide license to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon, distribute, sublicense, display, perform and transmit any work product you create in connection with the Program or during your internship, including, without limitation, concepts, works, inventions, information, drawings, designs, programs, or software.  
-
-### 2.2 Likeness
-
-GitHub and Octernships Partners reserve all rights, including the right to edit, publish, use, adapt, modify or dispose of any work product/description, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law.
-
-## 3. Confidentiality and non-disclosure
-
-Without limiting any separate agreement between yourself and either GitHub or the Partner Organization concerning GitHub's and Partner Organization’s confidential information, including, without limitation, any GitHub or Partner Organization Nondisclosure Agreement you might enter into, you agree that you will not publish, disclose, or otherwise divulge or use (other than as expressly permitted under the terms and conditions of the Program) any Confidential Information of GitHub or Partner Organization without their prior written consent in each instance. "Confidential Information" means all information and material that is transmitted by GitHub or Partner Organization to you (or otherwise developed or obtained by you) in connection with your participation in the Program that you should reasonably have understood due to legends or other markings, the circumstances of disclosure or the nature of the information itself, to be proprietary and confidential to GitHub or Partner Organization, including, without limitation, any information or material relating to products, services, vendor lists, customer lists, prospect lists, pricing and sales information, and business strategies and plans. You will exercise at least the same amount of diligence in preserving the secrecy of the Confidential Information as you use in preserving the secrecy of your own most valuable confidential information, but in no event less than reasonable care. Confidential Information does not include information or material that you can document (a) is publicly available through no action or fault of yours; (b) was already in your possession or known to you prior to being disclosed or provided to you by GitHub or Partner Organization, provided that the source of such information or material was not obligated in any way to maintain its confidentiality; (c) was or is obtained by you from a third party, provided that such third party was not obligated in any way to maintain its confidentiality; or (d) is independently developed by you without reference to any Confidential Information.
-
-## 4. Student data sharing
-
-In accordance with the terms and conditions of this Agreement and the GitHub Privacy Statement, students authorize and agree that all other participating parties may access and use their data provided to participate in the Octernship Program.
-
-## 5. Term and termination
-
-### 5.1 Term
-
-These Terms and Conditions will commence on the date upon which you complete registration in the Program (the “Effective Date”) and will continue until the earlier of the following:
-(1) you cease to be affiliated with a school as a student
-(2) either GitHub or Partner Organization provides you with written notification that you are no longer enrolled in the Program, or
-(3) you provide us with written notification that you are withdrawing from the Program.
-
-### 5.2 Survival
-
-These Terms and Conditions that, by their sense and context, are intended to survive the completion or termination of the Program shall so survive the completion or termination of the Program and these Terms and Conditions including, without limitation, Sections 2, 3, 4, and 5.
-
-## 6. Disclaimer of liability
-
-IN NO EVENT WILL THE OCTERNSHIPS PARTNERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE OCTERNSHIPS PARTNERS BE LIABLE TO ANY THIRD PARTY FOR YOUR ACTIONS WHETHER OR NOT SUCH ACTIONS ARE IN CONNECTION WITH THIS AGREEMENT.
-
-## 7. Miscellaneous
-
-### 7.1 Nature of the Relationship
-
-The Octernships Partners and you are each independent entities with respect to the subject matter of these Terms and Conditions. Nothing contained in these Terms and Conditions or in the Program will be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between the Octernships Partners and you, and neither the Octernships Partners or you can bind the other contractually. You hereby agree that you neither have nor will give the appearance or impression of possessing the legal authority to bind or commit GitHub or Partner Organization in any way except as provided in these Terms and Conditions.
-
-### 7.2 Assignment
-
-Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either GitHub or Partner Organization may assign these Terms and Conditions in their entirety, with or without your consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
-
-### 7.3 Notices
-
-To provide us with notice of withdrawal, please send such notice by raising a support ticket https://github.com/contact .To provide Partner Organization with notice of withdrawal, please send such notice to your regular point-of-contact at Partner Organization. GitHub and Partner Organization may use the email address you have submitted in your acceptance to participate in the Program to provide you with electronic notice at that address. It’s your sole responsibility to notify GitHub and Partner Organization of any changes to your email address. Notices shall be deemed effective upon receipt one (1) business day after it was sent by email.
-
-### 7.4 Amendments
-
-GitHub may modify or amend these Terms and Conditions at any time.
-
-### 7.5 Governing Law; Venue
-
-These Terms and Conditions shall be governed and construed as to all matters, including validity, construction, and performance, by and under California law and any dispute related to the GitHub Products or the subject matter of these terms must be brought in a tribunal of competent jurisdiction located in or near San Francisco, California.
-
-### 7.6 Severability
-
-If any part of these Terms and Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions in these Terms and Conditions.
-
-### 7.7 Waiver
-
-Performance of any obligations required by a party hereunder may be waived only by a written waiver signed by an authorized representative of the other party, which waiver will be effective only with respect to the specific obligation described therein. Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
-
-### 7.8 Entire Agreement
-
-These Terms and Conditions represent the entire understanding and agreement between the parties with respect to the subject matter hereof and will supersede all prior agreements and communications of the parties, oral or written.