Is proprietary code legally safe on bitbucket or github?

I know this slightly in the legal realm but its unclear who owns the code if you put proprietary code on github or bitbucket in a private repository.

From Bitbucket we have: > By submitting public (non-private) > Content to Avantlumiere for inclusion > on your Website, you grant > Avantlumiere a world-wide, > royalty-free, and non-exclusive > license to reproduce, modify, adapt > and publish the Content solely for the > purpose of displaying and promoting > your account or repository. If a > repository is marked as private, these > terms do not apply.

The question of course is what terms do apply to private accounts.

In theory the code should be safe if a license header with copyright information is on every file... right?

I am not asking for legal advice and will not hold any one responsible.

From GitHub:

> We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. By setting your repositories to be viewed publicly, you agree to allow others to view and fork your repositories.

As noted in the BitBucket TOS you linked, BitBucket's parent company similarly has no claims to code that you upload into private repos.

Perhaps this has changed recently, but I think that BitBucket is quite clear with this (from their ToS)

> Each party retains all right, title and interest in its data, information and intellectual property rights, and nothing in this Agreement is intended to transfer or diminish such rights.